Equal Protection Flashcards
Equal Protection Defined
whenever the government draws a distinction among people
Three step EP question
- What is the classification?
- What level of scrutiny should be applied?
- Does this law meet the level of scrutiny?
Constitutional Provisions Regarding EP
- 14th Amendment: Applies only to state and local governments–not the federal government
- 5th Amendment: applies to the federal government through due process clause
Standard when discrimination based on race or country of ancestor origin
Strict Scrutiny.
Proving existence of a racial classification
- On its face: classification exists on the face of the law
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Race neutral on its face: If the law is race neutral on its face, then proving a racial classification requires demonstrating both discriminatory impace and intent
- Discriminatory use of preemptory challenges based on race denies equal protection.
Racial calssifications benefiting minorities
- Standard: apply strict scrutiny
- Past discrimination: Numerical set aside requires a clear proof of past discrimination
- Race as factor: Educational institutions may use race as one factor in adminissions decisions to benefit minorities and enhance diversity
- Public Schools: Public school systems may not use race as a factor in assigning students to schools unless ss is met.
Standard for Gender Classifications
INtermediate scrutiny used for sex-based or gender based.
Only allowed if there is an exceedingly persuasive justification
Determining whether a gender classification exists.
- Is the classification on the face of the law
- If facially gender-neutral, must prove a gender classification demonstrating both discriminatory impace and discriminatory intent
- preemptory challenges that discriminate based on gender violate EP
Laws that benefit women
- Still use intermediate scrutiny
- Role Sterotypes: gender classifications benefiting women that are based on role sterotypes are NOT ALLOWED (e.g. woman can receive alimony but man cannot
- _Remedy Past Discriminatio_n: allow those that are meant to remedy past discrimination in opportunity.
Alienage: Laws that discriminate against non-US citizens
- Standard: Generally will follow strict scrutiny for non-citizens legally in the country
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Certain priviliges may be reserved for citizens: voting, serving on jury, police officer, teacher or probation officer
- use rational basis for these.
- Alien: When Congress discriminates against aliens, use only rational basis
- Alien children: Intermediate scrutiny isue used for discrimination against alien children although unclear
Discrimination against non-marital chilrdren
- intermediate scrutiny
- laws that deny benefit to all non-marital children but grant it to all marital chidlren are unconstitutional using an intermediate scrutiny analysis
WHat is the Classificaiton?
Existence:
- the classification is on the face of the law OR;
- if the law is facially neutral, there is both a discriminatory intent for the law and a discriminatory impace of the law.
EP on strict scrutiny
Law must be necessary to achieve a compelling government purpose:
- Race
- National origin
- alienage–generally
- travel (not foreign travel)
- Voting
EP on intermediate scrutiny
must be substantially related to an important government purpose
- gender
- illegitimacy
- undocumented alien children
EP Rational Basis
law must be rationally related to a legitimate government interest
- alienage classifications related to self government and the democratic process
- Congressional regulation of aliens
- Age
- Disability (TX tried to prevent home for mentally disabled but lost under rational basis)
- Wealth discrimination
- Government economic regulations
- Sexual orientation
