7. Equal Protection

Question 1

What does the equal protection clause of the Fourteenth Amendment apply to?

Answer 1

1. The equal protection clause of the Fourteenth Amendment applies only to state and local governments
2. Equal protection is applied to the federal government through the due process clause of the Fifth Amendment

Question 2

What test is used on Classifications based on race and national origin

Answer 2

Strict Scrutiny

Question 3

How is the existence of a racial classification proven?

Answer 3

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

Question 4

How should racial classifications benefiting minorities be treated?

Answer 4

Strict scrutiny is applied

Question 5

What are the laws on affirmative action?

Answer 5

Educational institutions may use race as one factor in admissions decisions to help minorities. They must show, however, that there is no race neutral alternative which could achieve diversity.

Additionally, educational institutions may not add points to applicants’ admissions scores based on race.

Question 6

May public schools use race as a factor in assigning students to schools?

Answer 6

Public school systems may not use race as a factor in assigning students to schools unless strict scrutiny is met.

Question 7

test for gender classifications

Answer 7

Intermediate scrutiny

Question 8

How is the existence of a gender classification proven?

Answer 8

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

Question 9

How should gender classifications benefiting women be treated?

Answer 9

Intermediate scrutiny

Question 10

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

Answer 10

No

Question 11

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

Answer 11

Yes

Question 12

Test for alienage classifications

Answer 12

1. Generally, strict scrutiny is used
2. Only a rational basis test is used for alienage classifications that concern self-government and the democratic process. This includes: voting, serving on a jury, being a cop, teacher, or probation officer.
3. Only a rational basis test is used for Congressional discrimination against
   aliens

Question 13

Test for discrimination against non-marital children

Answer 13

Intermediate scrutiny

Laws that deny a benefit to all non-marital children, but grant it to all marital children are unconstitutional