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Flashcards in Equal protection Deck (27)
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1
Q

What is the three question approach to equal protection?

A
  1. What is the classification?
  2. What level of scrutiny should be applied?
  3. Does this law meet the level of scrutiny?
2
Q

What amendments do the equal protection clause fall under?

A

The Fourteenth Amendment and the Fifth

3
Q

Equal protection is applied only to state and local governments under what amendment?

A

Fourteenth Amendment

4
Q

Equal protection is applied only to the federal governments under what amendment?

A

Fifth Amendment

5
Q

What level of scrutiny is used for race classifications?

A

Strict scutiny

6
Q

What two ways is the existence of a racial classification proven?

A
  1. The classification exists on the face of the law
  2. If the law is facially neutral, proving a racial classification requires demonstrating both discriminatory impact and discriminatory intent
7
Q

If the law is facially neutral how do you prove racial classification?

A

proving a racial classification requires demonstrating both discriminatory impact and discriminatory intent

8
Q

What level of scrutiny is used for national origin classifications?

A

Strict Scutiny

9
Q

How should racial classifications benefiting minorities be treated?

A

Strict scrutiny is applied.

10
Q

What do numerical set asides for race classifications require?

A

Numerical set-asides require clear proof of past discrimination

11
Q

How does affirmative action work?

A

Educational institutions may use race as one factor in admissions decisions to help minorities. However, educational institutions may not add points to applicants’ admissions scores based on race.

12
Q

What scrutiny level must public school systems meet when they use race as a factor in assigning students to schools?

A

Strict Scrutiny

13
Q

What scrutiny level is used for gender classifications?

A

Intermediate scrutiny is used.

“gender discrimination may be allowed if there is an exceedingly persuasive justification”

14
Q

How is the existence of a gender classification proven?

A
  1. The classification exists on the face of the law
  2. If the law is facially neutral, proving a gender classification requires demonstrating both discriminatory impact and discriminatory intent
15
Q

If the law is facially neutral, proving a gender classification requires what?

A

demonstrating both discriminatory impact and discriminatory intent

16
Q

Are gender classifications benefiting women that are based on role stereotypes allowed?

A

No

17
Q

Are gender classifications that are designed to remedy past discrimination and differences in opportunity allowed?

A

Yes

18
Q

What scrutiny level is applied to alienage classifications?

A

Generally, strict scrutiny is used

19
Q

When is the rational basis test used for alienage classifications?

A

alienage classifications that concern self-government and the democratic process

20
Q

What can the Gov. discriminate against non-citizens for?

A
  1. voting,
  2. serving on a jury,
  3. being a police officer,
  4. being a probation officer,
  5. being a teacher.
21
Q

What scrutiny level is used for Congressional discrimination against aliens?

A

Rational basis test

22
Q

What scrutiny level is used for discrimination against undocumented alien children?

A

It appears that intermediate scrutiny is used for discrimination against undocumented alien children

23
Q

What scrutiny level is used for discrimination against bastards?

A

intermediate scrutiny

24
Q

Is it constitutional to have a law that says paternity must be established during a father’s lifetime? Why or why not?

A

Yes, can allow a law that says paternity must be established during lifetime to prevent fraud.

25
Q

What scrutiny level is used for age discrimination?

A

Rational basis

26
Q

What scrutiny level is used for disability discrimination?

A

Rational basis

27
Q

What scrutiny level is used for sexual orientation discrimination?

A

Rational basis