essay question 2

essay question 2 - There is only one Equal Protection...

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“There is only one Equal Protection Clause. It requires every State to govern impartially. It does not direct the courts to apply one standard of review in some cases and a different standard in other cases.” What are the current standards of review under the 14 th Amendment’s Equal Protection Clause? Is this appropriate? 3-Tiered Equal Protection Analysis: Presumed to be discriminatory—Strict Scrutiny (TOP) Suspicious—Intermediate Scrutiny (Middle) Presumed to be okay—Rational Basis—(Bottom) Strict Scrutiny: Top Tier State has to show compelling governmental interest to discriminate Government has to use the least restrictive means o “Suspect Classification”—criterion for discrimination that either uses reasons for history or the presence of immutable characteristics, that criterion is automatically suspect, presumed to be discriminatory, unless the government can overcome strict scrutiny. History—bad US history discriminating against race or groups of
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This note was uploaded on 03/26/2012 for the course POL 353 taught by Professor Dameron during the Fall '11 term at Miami University.

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essay question 2 - There is only one Equal Protection...

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