2015 - Mbe - Con Law - Equal Protection

Front 1

When is there a basis for an equal protection challenge?

Back 1

Whenever the gov. draws a distinction among people

Front 2

What are the three steps of an equal protection analysis?

Back 2

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

Front 3

What does the equal protection clause of the Fourteenth Amendment apply to?

Back 3

- STATE ONLY, not fed

Front 4

What does the 5th amendment equal proteciton clause apply to?

Back 4

- Fed gov.

Front 5

What applies equal protection to the states?

Back 5

ONLY 14th Amendment

Front 6

What five mes is Strict scrutiny used under Equal Protection?

Back 6

1. Race classes
2. National origin classes
3. Aleinage classes
4. Travel (interstate)
5. Voting

Front 7

What three times is Intermediate scrutiny used?

Back 7

1. Gender classes
2. Illegitimacy classes
3. Undocumented alien children classes

Front 8

What six times is the rational basis test used?

Back 8

1. Alienage classifications related to self government and the democratic process
2. Congressional regulation of aliens
3. Age class
4. Disability class
5. Wealth (economic) class.
6. All other classifications

Front 9

What are the two ways existence of a racial classification can be proven?

Back 9

1. Classification exists on the face of the law; OR
2. The law is race-neutral on its face, there must be both

i. discriminatory impact; AND
ii. discriminatory intent

Front 10

What is required for numerical set asides?

Back 10

Clear proof of past discrimination

Front 11

How may educational institutions use race in admissions?

Back 11

- Only as one factor, can't add points
- Public school systems have to meet strict scrutiny to use race as a factor in assigning students to schools

Front 12

What level of scrutiny is used in gender classifications?

Back 12

- Intermediate.
- i.e. must be an exceedingly persuasive justification.

Front 13

What are the two things required for gender classifications benefiting women to be allowed?

Back 13

1. if they meet intermediate scrutiny; AND
2. If they are designed to remedy past discrimination or differences in opportunity
- Not if based on role stereotypes

Front 14

When are the three times laws discriminating against non-citizens don't have to meet strict scrutiny?

Back 14

1. Certain privileges may be reserved for citizens (use rational basis)
2. When congress discriminates against aliens (rational basis)
3. Discrimination against undocumented alien children (intermediate)

Front 15

What level of scrutiny is used against non-marital children?

Back 15

- Intermediate
- Law must be substantially related to an important government purpose.

Front 16

What is the result of Laws that deny a benefit to all non-marital children, but grant it to all marital children

Back 16

Unconstitutional

Front 17

What is Strict Scrutiny?

Back 17

- Law must be necessary to achieve a compelling government purpose.
- Burden on Gov
- Must be least restrictive alternative

Front 18

What is Intermediate scrutiny?

Back 18

- Law must be substantially related to an important government purpose.
- Burden on Gov.
- Not necessary for least restrictive alternative

Front 19

What is Rational Basis scrutiny?

Back 19

Law must be rationally related to a legitimate government interest.
- Burden on citizen.

Front 20

When will an election at large violate Equal Protection?

Back 20

- There must be intent to discriminate.
- Can be established when a system has been established or maintained for the purpose of suppressing minority-race voting power.

Front 21

What must be shown for Gender discrimination?

Back 21

1. Explicit facial classification
2. Facially neutral AND

(i) discriminatory impact; AND

(ii) discriminatory intent