Equal Protection

Question 1

Equal protection of the laws derives from which amendments?

Answer 1

5th Amendment applies to the federal government
14th Amendment applies to the state government

Question 2

What are the standards of review for equal protection claims?

Answer 2

1. rational basis
2. intermediate scrutiny
3. strict scrutiny

Question 3

What is rational basis review?

Answer 3

Plaintiff must show that the measure being challenged is not rationally related to any
legitimate governmental interest

Question 4

What are some examples of classifications that fall under rational basis review?

Answer 4

1. age
2. alienage (federal)
3. disability
4. wealth
5. sexual orientation (in general)
6. undocumented children (stringent rational basis)

Question 5

What is intermediate scrutiny?

Answer 5

Government must show that the measure being challenged is substantially related to an important governmental interest

Question 6

What are some examples of classifications that fall under intermediate scrutiny?

Answer 6

1. gender
2. illegitimacy
3. sexual orientation and gender identity in the context of employment discrimination

Question 7

What is strict scrutiny?

Answer 7

Government must prove that the measure being challenged serves a compelling government interest, and that the measure is necessary to further that interest

Question 8

What are some examples of classifications that fall under strict scrutiny?

Answer 8

1. race
2. alienage (state)
3. voting
4. domestic travel
5. national origin

Question 9

What is the difference between de jure segregation and de facto segregation?

Answer 9

De jure segregation: laws that deliberately segregate on the basis of race; this will face strict scrutiny and almost always be found unconstitutional

De facto segregation: segregation in fact but not by operation of law; this isn’t discrimination, as there’s no state action

Question 10

What is the general rule for analyzing alienage discrimination by states?

Answer 10

When states discriminate against resident aliens, apply strict scrutiny

Question 11

What is the public-function exception for applying strict scrutiny to resident alien discrimination?

Answer 11

Some jobs or activities may be withheld from resident aliens, including:
1. Police officers
2. Governmental officials
3. Public school teachers

Question 12

What is the general rule for analyzing discrimination against undocumented immigrants?

Answer 12

When states discriminate against undocumented immigrants, apply rational basis

Question 13

What is an example of constitutional discrimination on the basis of sex?

Answer 13

State statutory rape laws may set the age of consent higher for females than for males

Question 14

What are some examples of unconstitutional discrimination on the basis of sex?

Answer 14

1. Authorizing alimony payments to women, but not to men
2. Higher drinking age for men than for women