Constitutional Law II - Condensed

Constitutional Law II - Condensed - CONDENSED...

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CONDENSED CONSTITUTIONAL LAW II OUTLINE (Source: Internet – Author Unknown) I. EQUAL PROTECTION CLAUSE Approach to an Equal Protection Problem 1) On what basis does the statute classify? - race, gender, religion, color, etc. 2) How does it classify? - facially, as applied, etc. 3) What level of scrutiny? a) Strict * compelling state interest * least restrictive alternative b) Mid-Level * important governmental interest * substantially related c) Rational Relation * legitimate governmental interest * rational relationship 4) Who has the burden of proof? - Rational Relationship: burden stays with P - Mid-Level & Strict Scrutiny: P must establish the classification, then burden shifts to State A. The Scope of Equal Protection * if Federal Government does something that would violate EPC of 14th Amendment if it were done by a State, then the Federal Government has violated EP component of 5 th Amendment DPC B. Social & Economic Regulatory Legislation - an under-inclusive statute that has some reasonable classification is constitutional as long as a suspect class is not the basis of the statute - legislative bodies d/n have to articulate the purpose of a statutory classification (strong presumption of validity) * court h/n invalidated a legislative classification that solely involved economic regulation or distribution of government benefits C. Suspect Classifications - efficiency (saving money) is never enough to justify discrimination when a suspect classification is involved * a classification must be: 1) reasonable not arbitrary 2) bear a rational relationship to a state objective 3) treat all persons similarly situated alike 1. Classifications Disadvantaging Racial Minorities (strict scrutiny) * inherently suspect
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- courts usually show deference to government/law; but not when a suspect classification is involved a. Ascertaining the Existence of a Racial Classification 1) Facial: statutes may discriminate "on their face" 2) Application: statutes may be applied in a way that results in racial discrimination 3) Purpose: statutes which d/n discriminate on their face may have been designed to discriminate against a racial group 4) Impact: statutes which d/n make racial classifications may be shown to have a disproportionate impact on a particular racial group 2. Racial Segregation in Schools & Other Public Facilities - Plessy v. Ferguson: separate but equal * Justice Harlan's dissent: Constitution is color-blind - Brown v. Bd. of Education: separate but equal does not apply to public education * are there effects of past discrimination? - must show intentional governmental discrimination - c/n impose inter-district remedies: 1) when there are only intra-district violations 2) when some of the affected districts have not intentionally discriminated 3. Classifications Based on Gender (mid-level scrutiny) a. For gender-based classifications, State must: 1) demonstrate an exceedingly persuasive justification for the gender-based classification 2) show that the challenged classification
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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at University of Arizona- Tucson.

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Constitutional Law II - Condensed - CONDENSED...

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