Equal Protection Under The Law. What is discrimination? General Meaning: Classify / Treat groups differently Some is inevitable (What are some examples.

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Presentation transcript:

Equal Protection Under The Law

What is discrimination? General Meaning: Classify / Treat groups differently Some is inevitable (What are some examples of how we treat groups differently?) 14 th Amendment prevents states from discriminating (ie. Jim Crow South)

Court Tests (to determine discrimination) Rational Basis Test Discrimination reasonable if it is related to proper purpose of gov’t (Ex. – polygamy, marriage age, prohibition of molesters from working w/ children) Suspect Classifications Test Class that has historically suffered unequal treatment Subject to “strict scrutiny” Prohibits racial gerrymandering; upholds affirmative action Quasi-Suspect Test This class relates to “sex” Scrutiny is less for this test (women can take pregnancy leave, where some men cannot) States must show gov’t purpose (Ex. Male only draft has been allowed)

Court Tests Fundamental Rights Test Subject to “strict scrutiny” Fundamental Rights are listed /enumerated in Constitution Rights could include “implied” rights (ie. Privacy) Other Issues: Voting Bush v. Gore relied on 14 th Amendment equal protection clause Same Sex Marriage: Mass. Supreme Court struck down state law banning gay marriage; however Defense of Marriage Act (1996) was passed prohibiting marriage Gay Rights: Bowers Case; Lawrence Case

When can states deny rights? Limits on property rights (eminent domain, police and regulatory powers to protect public) States cannot nullify contracts Court case: Kelo v. New London (2005) ; New London deemed private property public for use of redevelopment plan; development would lead to overall economic growth Procedural: When government exercises “due process” it must Observe Bill of Rights, Provide reasonable notice, and provide a chance to be heard Substantive: Laws that enable gov’t to deny life, liberty, and property must be fair (Ex. States cannot ban all abortions, or a county ordinance banning all firearms) Example #2- A law prohibits possession of narcotics (substantive) and police must obtain a warrant before conducting a search (procedural)

Classify the following Procedural or Substantive? 1.Police Strip Searches 2.Compulsory Vaccination Laws 3.Minimum Wage Laws 4.Firing a city employee without a hearing