Outline for Test Answers by katiebelonga


									                                Outline for Test Answers

Equal Protection Based on Suspect Classification (Chem p. 644-8)
   1. what is the classification?
           a. how is the gov’t drawing a distinction b/w ppl?
                    i. facial discrim
                   ii. discrim impact or effect + discrim purpose
                            1. impact by race or gender isn’t enough; have to prove
                               there was a discrim purpose behind the law (ex. a height
                               req that has a discrim impact on women doesn’t establish a
                               s/c unless there’s also a purpose to discrim against women)
   2. what level of scrutiny shd be applied?
           a. discrim based on race, nat’l origin, against aliens (w/ exceptions)SS
           b. discrim based on gender and against nonmarital childrenIM
           c. laws (challenged under EP or not) not subject to SS or IMrat’l basis test
           d. strict scrutiny
                    i. requires compelling interest and no less discrim alternative
                   ii. gov’t has burden of proof
                  iii. law almost always invalidated
           e. intermediate scrutiny
                    i. reqs substantially related (means) to important gov’t purpose (end)
                   ii. gov’t has burden of proof
           f. rational basis test
                    i. reqs that law be rationally related to a legit gov’t purpose
                   ii. challenger has the burden of proof
   3. does the particular gov’t action meet the level of scrutiny
           a. is the law over- or under-inclusive (or both)? what does this show about
               the fit b/w the gov’t objective and the law?

Equal Protection Based on Fundamental Rights (Chem p. 648)
   1. what is the FR?
   2. is SS appropriate? (??)

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