Study Notes- Constitutional Law

Any stores not in brick must get a permit all chinese

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Unformatted text preview: not the issue, but classification was the issue. Thus the court applied the strict scrutiny test. 1. Purpose / Intent – when the statute does not classify on its face, but the purpose/intent is to classify, then the statute will fall into the race based classification a. Statistics – If the statistics of who is effects is substantial, then the court will find a race based classification Yick Wo v. Hopkins – law said that all laundry stores must be in brick building. Any stores not in brick must get a permit. All Chinese laundry was in wooden building and the board would not give permits to the Chinese. The court found this to be classification because of the law was applied in a way that is racially discriminating and the statistics where substantial. Washington v. Davis – State had a test for police officers. The test was a standardized test. The statistics showed that 4 times as many whites pass as blacks and the department knew this. The court found this not to be a classification since there was no purpose and intent. a. Government Knowledge of impact is not government intent Washington v. Davis – government knew the test impacted whites and blacks differently. a. Race Neutral Explanations for Actions – If the government offers believable, nonracial reasons for its action, courts are less likely to infer a racial purpose. The question then becomes whether the stated purpose is merely a proxy, or pretext, for racial discrimination. Washington v. Davis – The re...
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This document was uploaded on 03/06/2014 for the course POLISCI 122 at Stanford.

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