Equal_Protection_Lecture

Equal_Protection_Lecture - Equal Protection Clause “No...

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Unformatted text preview: Equal Protection Clause “No state shall ... deny to any person within its jurisdiction the equal protection of the laws.” 14 th Amendment to the US Constitution Standards of Review Standard Government Interest Tailoring Applied to? Strict Scrutiny – presumptively invalid Compelling Narrowly Tailored; least restrictive means Suspect Classes Intermediate Scrutiny Important (exceedingly persuasive) Substantially related Quasi Suspect Classes Rational Basis – presumptively valid Legitimate Reasonably Related Everything Else Which classifications trigger Strict Scrutiny (suspect class)? • Classifications based on: ▫ Race ▫ National Origin ▫ Religion • Laws that encumber a “Fundamental Right” ▫ Housing ▫ Employment ▫ Fair Trial Which classifications trigger Intermediate Scrutiny (quasi-suspect class)?...
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This note was uploaded on 04/18/2011 for the course LAW 0856 taught by Professor Hodge during the Fall '10 term at Temple.

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Equal_Protection_Lecture - Equal Protection Clause “No...

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