Equal protection Flashcards
(28 cards)
Equal protection clause
No state shall deny to any person within its jurisdiction the equal protection of the laws.
Federal government may challenge equal protection under _____ ?
5th amendment; Due process clause
State/local governments may challenge equal protection under ____ ?
14th amendment; Equal protection clause
Equal protection comes from the _____ ?
14th amendment
Analysis [3 questions]
- What is the government’s classification?
- What is the level scrutiny to be applied ?
- Does the government’s action meet that level of scrutiny ?
Classification is determining
how the government is distinguishing among people.
T/F: a discriminatory law on its face exists by its impact.
FALSE.
the terms of the law draws a distinction between people based on particular characteristics.
T/F: a discriminatory law that is facially neutral exists within its impact of effect
TRUE.
Good job!!
Racial or gender classification requires proof of discriminatory _____ and _____ ?
Impact AND purpose.
The SC held that if the law is facially neutral, impact alone is insufficient to prove discrimination.
Levels of scrutiny [3]
Strict, Intermediate and Rational basis
Strict scrutiny [Rule]
Under strict scrutiny, a law is upheld if it is proven necessary to achieve a compelling government purpose. [narrowly tailored]
Strict scrutiny applies for discrimination based on … [3]
- race
- national origin
- immigrants [aliens]
- fundamental rights
Strict scrutiny requires ______ and _____ ?
- Law has a significant reason for discriminating [it is necessary!] and
- the objective cannot be achieved through a non-discriminatory alternative. [must be to achieve a compelling gov’t purpose]
T/F: Implicating a fundamental right triggers strict scrutiny.
TRUE.
Keep it up!
Under strict scrutiny, the burden is on the ____ ?
gov’t/state
Intermediate scrutiny [rule]
Under intermediate scrutiny, a law is upheld if it is substantially related to an important government purpose.
Requirements
Intermediate applies to [2]
Gender and non-marital kids + quasi-suspect classes
Intermediate scrutiny requires ______ and _____?
the objective is important [important government purpose] and
the means used have a substantial relationship to the objective. [substantially related]
Under intermediate scrutiny; the gov’t has the burden of ____ and the challenger has the burden of ______.
proof and justification.
T/F: Rational basis applies to all laws challenged under equal protection.
True
Rational basis [rule]
Under rational basis review, a law will be upheld if it is rationally related to a legitimate government purpose.
Rational basis test
Action will meet rational basis review if:
There is a legitimate purpose and
Rationally related to the purpose
A legitimate purpose is satisfied if:
the law advances a traditional police power; protecting safety, public health or public morals. [state]
or
Any goal that is not forbidden by the Constitution will be deemed sufficient to meet rational basis. [federal]
T/F: Only the federal gov’t has police powers.
FALSE.
Just the states hun.
