Constitutional Law - part 2

Constitutional Law - part 2 - Constitutional Law cont V...

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Constitutional Law, cont. V. EQUAL PROTECTION - 14 TH AMENDMENT Laws are based on distinctions - the issue is whether the distinctions in the law or the government action are constitutionally acceptable 3 levels of equal protection analysis - two step (prong) test in each level 2 prong test looks at a) nature of individual’s and government’s interests (weighing of interests), and b) means used to achieve ends sought to be accomplished (government’s interests) 3 levels of analysis or tests: 1) rational basis - where general, non-protected interest of individual and legitimate govt. interest , there is no violation of equal protection if can articulate a substantial or rational relation of means defined in statute to achieve the governmental interest 2) substantial relation test - where the law/government action treats persons in a quasi-suspect classification - e.g. gender - differently, then courts apply “elevated” level of scrutiny to consider whether law constitutional
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