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Flashcards in Equal Protection Deck (51):
1

What should be our approach to equal protection questions? (3 questions)

What is the classification?

What level of scrutiny should be applied?

Does this law meet the level of scrutiny?

2

The EP Clause of the 14th Amendment applies only to . . .

State and Local Governments

3

EP is applies to whom through the DP Clause of the Fifth Amendment?

Federal Government

4

Which level of scrutiny applies to classifications based national origin?

Strict Scrutiny

5

There are two ways to prove the existence of racial classification. What are they?

The classification exists on the face of the law (easy)

Demonstrating both discriminatory impact and intent

6

If the law is facially neutral, proving a racial classification requires demonstrating which two things?

Discriminatory impact AND

Discriminatory intent

7

What level of scrutiny is used to evaluate racial classifications BENEFITING minorities?

Strict

8

Numerical set-asides require ___ proof of _____ discrimination

CLEAR

PAST

9

Educational institutions may/may not use race as a factor in admissions decisions.

May, as long as they are aiming to help minorities.

10

If an education institution is going to use race as a factor in admission decisions to help minorities, they must show what?

That there is no race-neutral alternative which could achieve diversity

11

Can educational institutions add "points" to an applicant's admission score based on race?

No.

12

Public school systems may/may not used race as a factor in assigning students to school unless. . .

Strict scrutiny is met.

13

When Gov't discriminates of the basis os sex, which level of scrutiny?

Intermediate

14

The existence of gender classification is proven in one of the two following ways:

The classification exists on the face of the law (easy)

If facially neutral, then by demonstrating both discriminatory impact and intent

15

Classifications based on gender will be upheld when what is true?

Ramped up IS is met.

Substantially related to an important gov't purpose AND there is an exceedingly persuasive justification.

16

What level of scrutiny is applied to gender classifications benefitting women?

intermediate scrutiny

17

Gender classifications benefitting women that are based on role stereotypes will/will not be allowed.

Will not

18

Gender classifications that are designed to remedy past discrimination and differences in opportunity will/will not be allowed.

Will

19

Generally, when classifications are based on alienage, what level of scrutiny?

Strict

20

If a law is facially neutral, proving a gender classification requires the demonstration of discriminatory impact and intent. If the challenging party can't prove intent, what level of scrutiny?

RB Review.

21

Generally, strict scrutiny is used for alienage classifications. In which two situations is the RB test used?

Alien classifications that concern self-government and the democratic process; and

Congressional discrimination against aliens.

22

The government MAY discriminate on the basis of alienage for the following 5 things:

Voting
Jury Service
Police officers
Teachers
Probation officer

23

It appears as though this level of scrutiny is used for discrimination against undocumented alien children.

Intermediate scrutiny.

24

What level of scrutiny for discrimination against non-marital children?

Intermediate.

25

Laws that deny a benefit to all non-material children, but grant it to all marital children are/aren't always unconstitutional.

Are

26

Type of review for age discrimination?

RBR

27

Type of review for disability discrimination?

RBR

28

Type of review for wealth discrimination?

RBR

29

Type of review for economic regulations?

RBR

30

Type of review for sexual orientation?

RBR

31

What are the two ways to determine the existence of classifications?

Classif. is on the face of the law; OR

If facially neutral, there is both discriminatory intent for the law and a discriminatory impact to the law.

32

What does strict scrutiny require?

Requires that the law must be necessary to achieving a compelling gov't purpose

33

What three classifications receive strict scrutiny?

Race
National Origin
Alienage, generally

34

What does intermediate scrutiny require?

A law must be substantially related to an important gov't purpose.

35

What three classifications receive intermediate scrutiny?

Gender
Illegitimacy
Undocumented alien children

36

What does the rational basis test require?

A law must be rationally related to a legitimate government interest.

37

List five of the major classifications that receive RB Test.

Alienage classifications related to self-government and the democratic process

Congressional regulation of aliens

Age

Disability

Wealth

(all other classifications)

38

REVIEW: Three classifications for SS?

Race

National origin

Alienage (usually)

39

REVIEW: Three classifications for IS?

Gender

Illegitimacy

Undocumented alien children

40

What review for age discrim?

RB

41

What review for disability discrim?

RB

42

What review for wealth discrim?

RB

43

What review for race discrim?

SS

44

What review for national origin discrim?

SS

45

What review for gender?

IS

46

What review for illegitimacy discrim?

IS

47

What review for alienage discrim?

Usually SS

RB for alienage classifications related to self-gov't and the democratic process AND congressional regulation of aliens

48

What review for sexual orientation discrim?

RB

49

SS Standard for EP?

Law must be necessary to achieve a compelling gov't purpose

50

IS standard for EP?

Law must be substantially related to an important gov't purpose.

51

RB standard for EP?

Law must be rationally related to a legitimate gov't interest.