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19 Cards in this Set
- Front
- Back
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EQUAL PROTECTION
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Intro card
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What is the approach to equal protection questions?
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1. What is the classification?
2. What level of scrutiny should be applied? 3. Does the law meet the level of scrutiny? |
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Constitutional provisions concerning EP
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1. EP clause of 14th applies ONLY to State/Local Governments!!
2. EP is applied to federal gov't through the due process clause of the 5th!! |
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What are the different classifications under EP?
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1. Race and national origin
2. Gender 3. Alienage 4. Non-marital children |
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What are the OTHER classifications under EP requiring only RATIONAL BASIS REVIEW?
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1. Age
2. Disability 3. Wealth 4. Economic regulations 5. Sexual orientation |
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What is the test for Race and National Origin?
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Strict scrutiny
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How is the existence of a racial classification proven?
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1. Classification exists on the face of the law
2. If facially neutral, must demonstrate discriminatory impact and intent |
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How should racial classifications benefiting minorities be treated?
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1. Strict scrutiny.
2. Educational institutions may use race as one factor in admissions decisions to help minorities. 3. Seniority systems may not be disrupted for affirmative action. |
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Gender classification test?
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Intermediate scrutiny is used.
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How is the existence of a gender classification proven?
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1. Classification is on the face of the law
2. If law facially neutral, also must show discriminatory impact and intent. |
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How should gender classifications benefiting women be treated?
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1. Classifications based on role stereotypes will not be allowed.
2. Those designed to remedy past discrimination and differences in opportunity will be allowed. |
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Alienage classification test?
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Generally, strict scrutiny.
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When is a rational basis test used for alienage?
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1. Those that concern self-govt and the democratic process (voting, serving on jury, being police officer, teacher, probation officer)
2. Congressional discrimination against aliens (regulating immigration). |
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When is the intermediate test used for alienage?
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That test is used for discrimination against undocumented alien children.
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Test used for discrimination against non-marital children?
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Intermediate scrutiny is used.
Laws denying a benefit to all non-marital children, but grant it to all marital children are unconstitutional. |
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Fundamental rights protected under EP?
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1. Right to travel
2. Right to vote 3. No right to education |
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How to define equal protection?
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How people are treated relevant to each other.
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Right to Travel?
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1. Laws that prevent people from moving into a state must meet strict scrutiny
2. Durational residency reqs must meet strict scrutiny (such as in order to vote) 3. Restrictions on foreign travel need meet only the rational basis test |
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Right to Vote?
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1. Laws denying some citizens the right to vote must meet strict scrutiny.
2. One person/one vote must be met for all state and local elections. 3. At-large elections are constitutional unless there is proof of a discriminatory purpose 4. The use of race in drawing election district lines must meet strict scrutiny. 5. Counting uncounted votes w/o standards in a presidential election violates EP. |
