Equal Protection Clause

Question 1

Equal Protection Clause Analysis

Answer 1

1. Classification - treat similarly situated different;
2. Suspect class + intent or fundamental right + significant interference;
3. What level of scrutiny?
4. Met or not met?

Question 2

Equal Protection Clause - 5th/14th Amendment

Answer 2

1. Provides that all persons are entitled to equal protection under the laws;
2. Arises when government treats similarly-situated people differently based on classifications.

Question 3

Strict Scrutiny - Equal Protection

Answer 3

1. Fundamental rights + significant interference OR suspect classification + intentional discrimination;
2. Compelling interest;
3. Narrowly tailored;
4. No less restrictive means;
5. Burden of persuasion on challenger; burden of proof on government.

Question 4

Intermediate Scrutiny Standard (Equal Protection)

Answer 4

1. Quasi-suspect classifcation + intentional;
2. Important government interest;
3. Substantially related;
4. Burden of persuasion on challenger; burden of proof on government.

Question 5

Rational Basis (Equal Protection)

Answer 5

1. Rationally related; to
2. Legitimate interest;
3. Burden of persuasion and proof on challenger to show that under no set of facts…

Question 6

Suspect Class - Determination Analysis

Answer 6

1. Purpose of 14th Amendment;
2. History of discrimination;
3. Immutable characteristics;
4. Discrete and insular minority in the political process;
5. Stigmatizing;

PHIDS

Question 7

Classifications - Equal Protection

Answer 7

1. Suspect: race, ethnicity, national origin, alienage when state/local not related to government;
2. Quasi - gender, illegitimacy;
3. Neither - economic status, age, residency, disability.

Question 8

De jure (intentional) discrimination (Equal Protection)

Answer 8

1. Treats different on Face;
2. Substantial Disparate impact;
3. Government must show Inadvertent and caused by neutral factors;
4. Purpose or motive - background, events, legislative history, impact.

F-DIP

Question 9

De Facto Discrimination (Equal Protection)

Answer 9

1. Not sufficient by itself;
2. Impact or effect;
3. Can be used to Show discriminatory motive or purpose.

NIS

Question 10

Fundamental Rights (Equal Protection)

Answer 10

1. Need significant Interference;
2. Same as substantive due process (CAMPER); plus:
3. Voting;
4. Interestate travel;
5. Access to courts.

I-CAMPER-VIA

Question 11

Privileges and Immunities Clause

Answer 11

DOS FL NUB CUM
1. Discrim. Out Staters;
2. Fundamental, basic to Livelihood;
3. No alternative
4. Undue Burden
5. Congress not Usurp, no Market particpation exception, no corps.

Question 12

Privileges OR Immunities Clause

Answer 12

1. Protects privileges or immunities of National citizenship against state infringement;
2. Access to seaports;
3. Petition federal government, Habeas corpus;
4. Vote for national office;
5. Travel between states (Interstate);
6. Peaceably assemble;
7. 13a and 14a.

NAPH-VIP-13/14

Question 13

P&I vs. P or I

Answer 13

1. State vs. national citizenship;
2. Interstate comity vs. federal protections;
3. P&I remains relevant in preventing state-based discrimination;
4. P or I largely supplanted by Due Process and Equal Protection.

Question 14

Affirmative Action

Answer 14

DEHoQS
1. student body Diversity is a compelling interest (not in any other context);
2. have End in mind
3. race can be a plus factor in a Holistic view;
4. cannot be used to exclude, be a dominant factor, or have Quotas;
5. programs must be narrowly tailored (Strict scrutiny).