Equal Protection

Question 1

Approach to equal protection questions

Answer 1

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

Question 2

Equal Protection Clause applicability

Answer 2

• The Equal Protection clause of the 14th amendment applies only to State and local governments
• Applied to the federal gov’t through the due process clause of the 5th amendment

Question 3

Scrutiny level for classifications based on race and national origin

Answer 3

For classifications based on race and national origin, strict scrutiny is used.

Question 4

How to prove existence of a racial classification

Answer 4

Two ways:

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 5

peremptory challenge constitutionality

Answer 5

Discriminatory use of peremptory challenges (striking out jurors) based on race violates equal protection.

Question 6

Classifications Benefitting Minorities

Answer 6

• strict scrutiny for racial classifications benefitting minorities
• Numerical set-asides (“racial quotas”) are allowed only to remedy clear proof of past discrimination
  
  • (if proven, even 50% quotas are constitutional)

Question 7

Educational racial discrimination rule

Answer 7

• 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 8

Racial school assignments

Answer 8

Public school systems may not use race as a factor in assigning students to schools without strict scrutiny

Question 9

Gender classification scrutiny level

Answer 9

Intermediate

Question 10

When sex discrimination is allowed

Answer 10

Sex discrimination allowed only if there is an exceedingly persuasive justification

Question 11

How the existence of a gender classification is proven

Answer 11

Two ways:

1. the classification exist on the face of the law
2. if the law is facially neutral, proving a gender classification requires both discriminatory impact and discriminatory intent

Question 12

use of peremptory challenges based on gender

Answer 12

discriminatory use of peremptory challenges based on gender denies equal protection

Question 13

Gender classifications benefitting women

Answer 13

• if based on gender role stereotypes, not allowed
• if designed to remedy past discrimination,differences in opportunity, allowed

Question 14

Scrutiny used for alienage classifications

Answer 14

Strict scrutiny

Question 15

Alienage scrutiny exceptions

Answer 15

• Only a rational basis test is used for:
  
  • alienage classification that concern self-government and the democratic process
  • Congressional discrimination against aliens
• Intermediate scrutiny is used for:
  
  • discrimination against undocumented alien children

Question 16

Nonmarital Children

Answer 16

• Intermediate scrutiny used for discrimination against nonmarital children
• Laws that deny a benefit to all non-marital children but grant it to all marital children are unconstitutional

Question 17

This is used for all other types of discrimination under the constitution…

Answer 17

Rational basis

Question 18

Examples of classifications that receive rational basis review

Answer 18

• Age discrimination
• disability discrimination
• wealth discrimination
• economic regulations
• sexual orientation discrimination