Suspect Classifications

Question 1

What does strict scrutiny apply to?

Answer 1

1. Race
2. Alienage
3. National origin

Question 2

What is de jure segregation

Answer 2

Segregation by law

Question 3

What is de factor segregation

Answer 3

Segregation that is not legally required, but happens through private choice

Question 4

Justifications for affirmative action

Answer 4

1. remedying the effects of past or present discrimination in a particular institution; and
2. achieving a diverse student body in an institute of higher education.

Question 5

What level of scruntiny is required for affirmative action based on race?

Answer 5

Strict scrutiny

Question 6

What level of scruntiny is required for affirmative action based on gender?

Answer 6

Intermediate scrutiny

Question 7

What suspect classifications get strict scrutiny?

Answer 7

• Alienage (if states do it)
• Domestic travel
• National origin
• Race
• Voting

Question 8

What suspect classifications get intermediate scrutiny?

Answer 8

• Gender
• Illegitimacy
• Undocumented alien children

Question 9

What suspect classifications get rational basis?

Answer 9

• Age
• Alienage (if federal gov’t does it)
• Disability
• Sexual orientation
• Wealth
• All else

Question 10

What scrunity for affirmative action based on gender?

Answer 10

Intermediate scrutiny