Front | 4D1. Individual Rights: EP, Background |
---|---|
Back | Both EPC of 14th and DPC of 5th prohibit the denial of EP of the laws. Is the classification (1) burdensome to FR (SS), (2) inherently suspect (SS), (3) quasi-suspect (IS), or (4) neither burdensome or suspect (RB)? (1) Burdensome to FR (SS), rights to travel, vote, privacy, in 1st A (see SDP cards) (2) Suspect Classifications (SS): -a- facially discriminatory or proven discriminatory in motive (uncon), -b- discriminatory in application/impact, party challenging the law has burden of proving discriminatory purpose/motive (racially disproportionate impact not enough) EX: race (SS), national origin (SS), affirmative action (see card), legal alien (SS), illegal alien (RB), kids of illegal aliens (RB+) (3) Quasi-Suspect (IS) -a- gender: if smacks of stereotype, like no women in VMI, will be uncon; affirmative action for women is okay, if traditionally excluded from job (AA for elementary school teachers, NO; AA for women in construction, OK) -b- illegitimacy, less than suspect -c- IS "exceedingly persuasive justification" (not compelling interest) + substantial relation (4) neither Burdensome nor Suspect (RB) -a- RB "rationally related" to legitimate state purpose, don't need narrow tailoring -b- wealth (can't be denied FR bc poor, in forma pauperis) and age |
Learn with these flashcards. Click next, previous, or up to navigate to more flashcards for this subject.
Next card: Sdp ep person kids french ancestry 4d2 individual
Previous card: State vote restriction subject interest campaign contributions candidate
Up to card list: Barbri Constitutional Law