If someone is making a claim that the government has violated their equalprotection rights, courts are going to apply one of three levels of scrutiny to determine if the action is a violation●Level 1 - Rational Basis Test - Economic and Social Regulation○Distinction has to have a rational basis ■Legitimate government interest (not even a strong one )■Distinction must have some rational relationship with that interest○Ex. Legislature has identified a problem and has made a good faith effort to solve it, test is normally met ○Medical License, Emission Testing, Advertising Rules, FleaMarket Case ●Level 2 - Intermediate Scrutiny - Gender Based Discrimination ○Government must prove that classification substantially advances an important government interest○Ex. Women admitted into West Point - Gov’t would have tohave a fairly strong argument for disallowing women basedon their gender○Why is this not strict? Just have to prove action substantially advances an important gov’t interest●Level 3 - Strict Scrutiny - Race, National Origin, Free Speech, Right to Privacy, Right to Travel ○Government must demonstrate that the distinction is necessary to protect a compelling interest and that distinction is narrowly tailored to discriminate no more that is absolutely necessary. ○It’s very hard to meet this case and is rarely overcome○Exception? Affirmative Action○Substantive Due Process ■Prohibits statutes, regulations, and other kinds of government action that is arbitrary and irrational ■Generally rational basis review ■Brantley v Kuntz●Provided hair braiding classes but classes didn’t count toward licensure.
●Reason? No proper facility ●Brantley sued stating that requirement violated the due process clause (substantive due process) because they bore no rational relationship to any legitimate government interest ●Court agreed and said that this was an unnecessary barrier to entry ○Procedural Due Process ■Government will follow fair procedures before taking certain actions against individuals or companies ●Deprivation of liberty ○Virtually any substantial restriction on the freedom of an individual or company●Deprivation of property ○Any substantial negative effect on any type of property interest●Requirements ○Advance notice of the proposed action○Opportunity to be heard○An impartial decision maker○Taking Clause ■Private Property won’t be taken without just compensation ■Eminent domain okay if for public use■If government interferes with property and affects property value then taking clause many not applyAll or most of the property’s value and utility must have been appropriated by the government’s action
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