EQUAL PROTECTION

Question 1

Yhe Equal Protection Clause of the
Fourteenth Amendment

Answer 1

An equal protection claim arises whenever the government treats
people differently from others. The Equal Protection Clause of the Fourteenth Amendment is limited to state action.

Question 2

the Fifth Amendment contains an equal protection component.

Answer 2

While the Equal Protection Clause is not applicable to the federal government, the Due Process Clause of the Fifth Amendment contains an equal protection
component.

Question 3

PROVING DISCRIMINATORY CLASSIFICATION

Answer 3

For strict or intermediate scrutiny to be applied, there must be intent on the part of the government to discriminate. Intent may be shown by:
* A law that is discriminatory on its face (that is, facial discrimination),
* A discriminatory application of a facially neutral law, or
* A facially neutral law with a disparate impact on a protected class of people (such as minorities)

Question 4

SUSPECT CLASSIFICATIONS

Answer 4

Classifications are suspect if they are based on race, national origin,
or (at the state and local levels) alienage

Question 5

Alienage Classifications

Answer 5

a. Federal Classifications
Because of Congress’s plenary power over aliens, federal alienage classifications are not subject to strict scrutiny. Such classifications are valid if they are not arbitrary and unreasonable.
b. State and Local Classifications
Generally, state/local laws on alienage (that is, citizenship status) are suspect classifications subject to strict scrutiny

Question 6

QUASI-SUSPECT CLASSIFICATIONS

Answer 6

Classifications based on legitimacy and gender are “quasi-suspect.”

Question 7

Gender Classifications

Answer 7

Gender classifications are reviewed under the intermediate scrutiny
standard: They must be substantially related to an important government purpose

Question 8

Strict scrutiny standard

Answer 8

If a fundamental right or suspect classification (for example, race)
is involved, the strict scrutiny standard is used to evaluate the regulation.

Question 9

Race and National Origin

Answer 9

Classifications based on race or national origin are judged by a strict scrutiny standard.

Question 10

Federal Classifications

Answer 10

Because of Congress’s plenary power over aliens, federal alienage
classifications are not subject to strict scrutiny. Such classifications are valid if they are not arbitrary and unreasonable.

Question 11

Exception—Participation in Self-Government Process

Answer 11

If a law discriminates against alien participation in state government
(for example, voting, jury service, elective office), the rational basis standard is applied.