equalproflowintor - Constitutional Law II Fall, 2006 Prof....

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Justification determined by INTRODUCTION TO EQUAL PROTECTION Persons with the defined trait (e.g., age, race) comprise the disadvantaged class Tussman-tenBroek analysis (determining closeness of fit) Closeness of fit Perfect Rational Irrational All members of the class (and nobody else) are likely to cause the feared Mischief. T M Some but not all members of the burdened class cause the Mischief (overinclusive). Some of the mischief is caused by persons not in the burdened class (underinclusive) M T No members of the burdened class cause the Mischief sought to be avoided by the State. The Mischief (if any) is caused by persons not discriminated against by the State. M T M ischief (or benefit) T rait (that de- fines the class) State's objective Classification created by state ENDS M T Classifications are presumed to advance the state's objectives, except for suspect classes and fundamental rights, where a tight fit between means and ends is required. Are the MEANS necessary to
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This note was uploaded on 04/05/2010 for the course LAW LAW5502 taught by Professor Stern during the Spring '10 term at Florida State College.

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