Equal Protection Flashcards
when does an Equal Protection claim arise?
whenever the government treats people differently from others
what kind of action is the EP clause of the 14th amendment limited to?
only state action (not federal)
what constitutional provision contains an EP component that applies to FEDERAL action?
the due process clause of the 5th amendment
what standard is applied when a regulation involves a fundamental right (of any class) or a suspect class?
strict scrutiny
what standard is applied when a regulation involves a quasi-suspect class?
intermediate scrutiny
what standard is applied when a regulation does NOT involve a fundamental right or a suspect/quasi-suspect class?
rational basis
what must be present for strict or intermediate scrutiny to be applied?
intent on the party of the government to discriminate
how may intent be shown? (3 ways)
may be shown by either:
1) a law that is discriminatory on its face,
2) a discriminatory APPLICATION of a facially neutral law, or
3) a facially neutral law with a DISPARATE IMPACT on a protected class of people
what two kinds of discriminatory laws require an additional showing of the legislature’s discriminatory intent (for heightened scrutiny to apply)?
1) a discriminatory application of a facially neutral law, or
2) facially neutral law with a disparate impact on a protected class of people
true or false: a facially discriminatory law automatically gets heightened scrutiny (no need to show legislature’s discriminatory intent)
TRUE
true or false: discriminatory effect or application alone is enough to show intentional discrimination.
FALSE (need legislative intent to discriminate – usually by evidence of history of discrimination)
what are the SUSPECT classifications? (3)
classifications based on:
1) race
2) national origin
3) alienage (if at state and local level)
true or false: if school systems and attendance zones are established in a racially neutral manner, there is NO violation of EP even if there is racial imbalance.
TRUE
if it’s proven that a school board has engaged in racial districting of schools, what must happen?
the board MUST take steps to eliminate the effects of that discrimination
can a court order a school district to eliminate the effects of racial discrimination?
YES, but the order must not go beyond the purpose of remedying that past effect of segregation
true or false: assigning students to a public primary/secondary school on the basis of race solely to promote diversity satisfies strict scrutiny.
FALSE (not narrowly tailored – using race as a proxy is too broad)
true or false: government action favoring racial or ethnic minorities is subject to the same SS standard as action discriminating against racial or ethnic minorities.
TRUE
is remedying past discrimination a compelling governmental interest?
YES
what kind of “past discrimination” is permissible for the government to remedy (overcomes SS)? (2 rqmts)
past discrimination that is…
1) persistent, and
2) readily identifiable
**NOTE = broad, societal discrimination is too general
is having a diverse student body a compelling government interest to permit allow affirmative action in higher education (overcomes SS)?
NO
if a plaintiff can show that a redistricting plan was drawn up predominately on the basis of race, what standard is applied?
strict scrutiny
true or false: federal alienage classifications are subject to strict scrutiny.
FALSE (subject to rational basis review; congress has broad plenary powers over aliens)
true or false: state and local alienage classifications (citizenship status) are subject to strict scrutiny.
TRUE
in what 2 circumstances is rational basis review applied when evaluating a state law that discriminates based on alienage?
when the regulation either…
1) discriminates against alien participation in positions/activities that are essential to democratic SELF GOVERNANCE, or
2) discriminates against UNDOCUMENTED aliens
