Podcast
Questions and Answers
What are B. Suspect Classifications?
What are B. Suspect Classifications?
What is required for laws categorizing based on race, ethnicity, or national origin?
What is required for laws categorizing based on race, ethnicity, or national origin?
Closer judicial examination and strict scrutiny.
In which case was the internment of Japanese-Americans upheld in the name of national security?
In which case was the internment of Japanese-Americans upheld in the name of national security?
What must a governmental affirmative action program demonstrate to survive?
What must a governmental affirmative action program demonstrate to survive?
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Which of the following is a requirement for using race as a factor in college admissions?
Which of the following is a requirement for using race as a factor in college admissions?
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Race may be the predominant factor in determining legislative district boundaries.
Race may be the predominant factor in determining legislative district boundaries.
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What classification is subject to different standards based on the level of government?
What classification is subject to different standards based on the level of government?
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What must a federal alienage classification demonstrate to be valid?
What must a federal alienage classification demonstrate to be valid?
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What is one exception for state laws that restrict alien participation in government functions?
What is one exception for state laws that restrict alien participation in government functions?
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Undocumented aliens are considered a suspect class.
Undocumented aliens are considered a suspect class.
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Study Notes
B. Suspect Classifications
- Laws categorizing individuals based on race, ethnicity, national origin, or alienage are considered suspect and must undergo strict scrutiny.
- Such classifications are invalid unless necessary to serve a compelling governmental interest.
Race, Ethnicity, and National Origin
- Laws that intentionally disadvantage individuals based on these factors are often struck down unless they serve a compelling state interest.
- Korematsu v. United States upheld Japanese-American internment as a national security measure during World War II, marking a significant exception.
- Related issues include school integration, affirmative action, and racial gerrymandering.
School Integration
- Intentional segregation (de jure) in schools violates the Equal Protection Clause.
- Courts can mandate remedies, such as busing, to eliminate intentional segregation but must terminate these measures once discrimination's effects are remedied.
- A school district cannot create magnet schools solely to attract students from outside its boundaries without evidence of intentional segregation.
Affirmative Action
- Programs favoring racial or ethnic minorities must meet strict scrutiny to validate their necessity and constitutionality.
- Government entities must demonstrate specific past discrimination to justify affirmative action, not just historical societal discrimination.
- Race can be a "plus factor" in university admissions to foster diversity but cannot be the primary criterion or used as a quota.
- Voter decisions on racial preference policies are valid and do not violate equal protection.
Racial Gerrymandering
- Race cannot be the predominant factor in drawing legislative district boundaries, maintaining electoral fairness.
Alienage
- Classifications based on lawful residency versus citizenship face varied scrutiny based on government level and classification type.
Federal Classification
- Federal alienage classifications are generally upheld unless found arbitrary or unreasonable, exemplified in certain Medicare regulations.
State Classifications
- Laws discriminating against aliens face strict scrutiny, often being struck down, such as those denying rights to own property or have certain jobs.
- Exceptions exist for roles directly related to government function, where only rational relationships to legitimate state interests are required, like prohibiting aliens from voting or serving as police officers.
Undocumented Aliens
- Though not considered a suspect class, states cannot deny primary or secondary education benefits to undocumented aliens, emphasizing equal access to education.
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Description
This quiz explores the legal implications of suspect classifications, particularly those based on race, ethnicity, and national origin. It examines landmark cases such as Korematsu v. United States and discusses the concepts of school integration and affirmative action. Test your understanding of how these laws interact with the Equal Protection Clause.
