Constitutional Law 7: Equal Protection

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TheoneandonlyMJ
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94026
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Constitutional Law 7: Equal Protection
Updated:
2011-07-14 14:25:36
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NY Bar Exam Handouts
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MBE Constitutional Law Part 7 Equal Protection
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  1. What are the THREE steps into which EQUAL PROTECTION QUESTIONS be broken down?
    1. What is the CLASSIFICATION?

    2. What LEVEL OF SCRUTINY should be applied?

    3. Does this law MEET the level of scrutiny?
  2. What are the constitutional provisions that apply equal protection to local governments? state? federal?
    Local: Fourteenth Amendment

    State: Fourteenth Amendment

    Federal: Fifth Amendment
  3. What level of scrutiny is used for RACE or country of origin discrimination?
    STRICT SCRUTINY
  4. How is the existence of RACIAL classification proven?
    TWO WAYS:

    1. Classification exists on the FACE OF THE LAW

    2. If neutral on its face, the law has BOTH discriminatory INTENT and discriminatory IMPACT
  5. True or False:

    Discriminatory use of PEREMPTORY challenges based on race meets equal protection.
    FALSE
  6. How should racial classifications BENEFITTING minorities be treated?
    1. Apply STRICT SCRUTINY

    2. There must be CLEAR proof of PAST discrimination
  7. May RACE be used as a factor in admission decisions for educational institutions?
    Yes, so long as it BENEFITS minotirites and ENHANCES diversity.
  8. May PUBLIC school systems use race a sa factor in assigning students to schools?
    Not unless it meets STRICT SCRUTINY.
  9. What level of scrutiny is used for sex- and gender-based discrimination?
    INTERMEDIATE SCRUTINY. However, there must be an EXCEEDINGLY PERSUASIVE justification.
  10. True or False:

    Discriminatory use of PEREMPTORY challenges based on gender meets equal protection.
    FALSE
  11. How is the existence of a GENDER classification proven?
    TWO WAYS:

    1. Classification exists on the FACE OF THE LAW

    2. If neutral on its face, the law has BOTH discriminatory INTENT and discriminatory IMPACT
  12. How should courts treat gender classifications BENEFITTING women?
    1. Gender classifications benefitting women that are based on ROLE STEREOTYPES will NOT be allowed.

    2. Gender classifications benefitting women that are designed to REMEDY past discrimination or differenes in opportunity WILL BE allowed.
  13. May laws discriminate against non-US citizens ("alienage classifications")?
    Generally, laws that discriminate against nont-citizens must meet STRICT SCRUTINY.

    • However, RATIONAL BASIS TEST is used for:
    • (privilege of) VOTING
    • (privilege of) SERVING ON A JURY
    • (privilege of) BEING A POLICE OFFICER
    • (privilege of) BEING A TEACHER
    • (privilege of) BEING A PROBATION OFFICER
    • CONGRESSIONAL discrimination against aliens

    INTERMEDIATE SCRUTINY is used for discrimination against UNDOCUMENTED alien CHILDREN.
  14. May the government discriminate against non-marital children ("legitimacy classifications")?

    If so, what is the appropriate level of scrutiny?
    Yes - if INTERMEDIATE SCRUTINY is met.
  15. Name FIVE types of discrimination for which RATIONAL BASIS REVIEW is used for equal protection purposes.
    • AGE discrimination
    • DISABILITY discrimination
    • WEALTH discimination
    • Government ECONOMIC regulations
    • SEXUAL ORIENTATION discrimination

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