Podcast
Questions and Answers
When is a law a racial classification?
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?
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?
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 is affirmative action valid?
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Is affirmative action allowed in the context of preferential admissions to colleges and universities?
Is affirmative action allowed in the context of preferential admissions to colleges and universities?
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Are federal classifications based on alienage valid?
Are federal classifications based on alienage valid?
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May states and localities require U.S. citizenship for participation in government functions such as voting?
May states and localities require U.S. citizenship for participation in government functions such as voting?
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When are states and localities limited in requiring U.S. citizenship?
When are states and localities limited in requiring U.S. citizenship?
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Is gender a suspect class?
Is gender a suspect class?
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What scrutiny does gender trigger?
What scrutiny does gender trigger?
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What are examples of permissible gender classifications?
What are examples of permissible gender classifications?
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Is age discrimination a suspect or quasi-suspect class under the Equal Protection Clause?
Is age discrimination a suspect or quasi-suspect class under the Equal Protection Clause?
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What scrutiny does age discrimination trigger?
What scrutiny does age discrimination trigger?
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What is the doctrine of 'One person, one vote'?
What is the doctrine of 'One person, one vote'?
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What is Voter Dilution?
What is Voter Dilution?
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When is Voter Dilution unconstitutional?
When is Voter Dilution unconstitutional?
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May race be a factor in drawing district lines?
May race be a factor in drawing district lines?
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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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Description
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.
