Constitutional Law: Equal Protection Overview

Questions and Answers

When is a law a racial classification?

A law is a racial classification only if the plaintiffs show it has a discriminatory purpose.

How is discriminatory intent or purpose determined?

The law may be discriminatory on its face, proved by a history of discriminatory application, or by extrinsic evidence about the motives of those who passed the law.

What type of scrutiny applies when a law categorizes based on race, ethnicity, national origin, or alienage?

Strict scrutiny.

When is affirmative action valid?

When it corrects past discrimination by the specific department or agency now engaged in affirmative action. Signup and view all the answers

Is affirmative action allowed in the context of preferential admissions to colleges and universities?

True Signup and view all the answers

Are federal classifications based on alienage valid?

True Signup and view all the answers

May states and localities require U.S. citizenship for participation in government functions such as voting?

True Signup and view all the answers

When are states and localities limited in requiring U.S. citizenship?

States and localities may not require citizenship for access to private employment or government benefits. Signup and view all the answers

Is gender a suspect class?

False Signup and view all the answers

What scrutiny does gender trigger?

Intermediate scrutiny. Signup and view all the answers

What are examples of permissible gender classifications?

Statutory rape can be gender-specific; the draft can also be gender-specific. Signup and view all the answers

Is age discrimination a suspect or quasi-suspect class under the Equal Protection Clause?

False Signup and view all the answers

What scrutiny does age discrimination trigger?

Rational basis scrutiny. Signup and view all the answers

What is the doctrine of 'One person, one vote'?

The idea is that one person's vote is equal to any other person's vote. Signup and view all the answers

What is Voter Dilution?

When one state draws election districts for the purpose of scattering racial or ethnic minorities to limit their voting strength. Signup and view all the answers

When is Voter Dilution unconstitutional?

True Signup and view all the answers

May race be a factor in drawing district lines?

True Signup and view all the answers

Study Notes

Racial Classifications and Equal Protection

A law is classified as a racial classification only if discriminatory intent is demonstrated; disproportionate impact alone is insufficient.
Discriminatory intent can be shown through the law’s language, history of application, or motives of the lawmakers.

Scrutiny Levels

Laws categorizing based on race, ethnicity, national origin, or alienage trigger strict scrutiny, requiring them to fulfill a compelling governmental interest to be valid.
Intermediate scrutiny applies to gender classifications, necessitating a substantial relationship to an important government interest.

Affirmative Action

Valid affirmative action is aimed at correcting specific past discrimination by the department or agency implementing it.
Preferential admissions in higher education are permissible if necessary to achieve a diverse student body, which is considered essential for education.

Alienage Classifications

Federal classifications based on alienage are typically valid unless deemed arbitrary and unreasonable.
States may require U.S. citizenship for participation in government functions like voting, but not for private employment or government benefits.

Gender Classifications

Gender is classified as a quasi-suspect class, not a full suspect class, leading to a different scrutiny standard.
Some permissible gender classifications exist, such as those related to statutory rape laws or military draft regulations.

Age Discrimination

Age is neither a suspect nor a quasi-suspect class under the Equal Protection Clause but is prohibited by statute.
Rational basis scrutiny applies to age discrimination claims.

Voting Rights and Districting

The principle of "One person, one vote" mandates equal weight in votes, requiring roughly equal voting districts.
Voter dilution occurs when election districts are drawn to diminish the voting strength of racial or ethnic minorities.
Voter dilution is unconstitutional when executed with discriminatory intent.
Race can be a factor in drawing district lines, but it must not be the predominant or sole factor.

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Explore the nuances of suspect classifications and equal protection under the law with these flashcards. Understand the critical roles discriminatory purpose and intent play in evaluating racial classifications. Dive deep into the concepts that govern how laws affect individuals based on race and other classifications.