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8 Cards in this Set
- Front
- Back
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The Equal Protection Clause
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Historical Purpose- post Civil War amendment
Restriction on classifications Applies to state actors |
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Suspect Classification
(strict scrutiny) |
Suspect Classifications
Race and national origin Classifications and Fundamental Rights Examples- voting, criminal appeal, interstate travel Strict Scrutiny- necessary for compelling government interest |
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Semi-Suspect Classification
(Intermediate Scrutiny |
Gender, illegitimacy, alienage
Ask only questions that concern a person’s ability to perform. Intermediate Scrutiny: substantially related to important government objective |
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Other Classifications
(Rational Basis) |
Must show rational basis for classification
Same standard used for substantive due process |
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De Jure
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discriminatory purpose
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De Facto
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discriminatory in effect
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Affirmative Action
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Goal: reverse the effects of past discrimination
Proper application Grutter v. Bollinger |
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Affirmative Action in Sport
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Coaching/Front Office
NBA: 77% is White, 20% is Black. NFL: 79% is White, 15% is Black. National Population 71% is White, 12.3% is Black and 12.5% is Hispanic. Athletes NBA: 82% of players are Black, 18% are White. NFL: 68% Black and 31% White. |
