Right to Equal Privileges and Immunities Flashcards Preview

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Flashcards in Right to Equal Privileges and Immunities Deck (5)
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1
Q

Right to Equal Privileges and Immunities

AKA Equal Protection

(FREQUENTLY TESTED ON EXAM)

A

No citizen/class of citizens can have privileges or immunities that are not equally shared among all citizens

2
Q

Indiana Two-Part Test to Determine If Equal Protection Violation

A

(1) DISPARATE TREATMENT by legislation must be REASONABLY RELATED TO INHERENT CHARACTERISTICS which distinguish the unequally treated classes; and
(2) PREFERENTIAL TREATMENT must be UNIFORMLY APPLICABLE and EQUALLY AVAILABLE to all persons similarly situated

3
Q

Legislative Discretion

A

Court must exercise SUBSTANTIAL DEFERENCE to legislative discretion

4
Q

Level of Scrutiny

A

Two-part test DOES NOT change the level of scrutiny depending on the nature of the class

5
Q

Arbitrary Classifications

A

Seemingly arbitrary classification that are de minimis in the larger scheme will NOT prompt invalidation of an otherwise valid statute