Constitutional Standards of Review under the Equal Protection Clause

Supreme Court has set up classifications or categories for issues it reviews Fundamental freedoms, race, ethnicity, gender, age, wealth etc. Supreme Court has set up classifications or categories for issues it reviews Fundamental freedoms, race, ethnicity, gender, age, wealth etc.

Standards set and used to determine whether the Equal Protection Clause has been violated Not everyone, every issue is treated exactly the same Standards set and used to determine whether the Equal Protection Clause has been violated Not everyone, every issue is treated exactly the same

I. Strict Scrutiny Heightened standard of review Used to determine constitutionality of an issue Used when fundamental freedoms are involved Religion Assembly Press Privacy, etc. I. Strict Scrutiny Heightened standard of review Used to determine constitutionality of an issue Used when fundamental freedoms are involved Religion Assembly Press Privacy, etc.

Includes suspect classification such as race, national origin Reviewing an issue that restricts these rights requires the most rigid scrutiny Ex: Brown v Board of Education Race based distinctions Includes suspect classification such as race, national origin Reviewing an issue that restricts these rights requires the most rigid scrutiny Ex: Brown v Board of Education Race based distinctions

Statute is presumed to be unconstitutional unless: The government can prove the law is necessary to accomplish a permissible goal It is accomplished by the least restrictive means Ex: Korematsu v U.S. Goal-safety during war, internment camps least restrictive means Statute is presumed to be unconstitutional unless: The government can prove the law is necessary to accomplish a permissible goal It is accomplished by the least restrictive means Ex: Korematsu v U.S. Goal-safety during war, internment camps least restrictive means

Court ruled national risks posed by Japanese Americans were sufficient enough to justify internment-1944 Brown v Board of Education - segregation not necessary to accomplish state goal of educating its students Court ruled national risks posed by Japanese Americans were sufficient enough to justify internment-1944 Brown v Board of Education - segregation not necessary to accomplish state goal of educating its students

II. Intermediate standard of review Used for gender issues Does classifying gender serve an important governmental objective? It it substantially related to those ends? Actually related, not theoretical Reasonable basis test II. Intermediate standard of review Used for gender issues Does classifying gender serve an important governmental objective? It it substantially related to those ends? Actually related, not theoretical Reasonable basis test

Craig v Boren Keep drunk drivers off the road-goal Allowing year old women to drink alcohol is not substantially related to that goal - OK US v VA Military Institute All male admission policy Unconstitutional-no important governmental objective Pregnant women and job restraints Craig v Boren Keep drunk drivers off the road-goal Allowing year old women to drink alcohol is not substantially related to that goal - OK US v VA Military Institute All male admission policy Unconstitutional-no important governmental objective Pregnant women and job restraints

III. Minimum Rationality Standard Applies to most laws Atkins v Virginia - death penalty does not apply to mentally impaired Minimum standard applied for basis of discrimination. Government must allege a rational foundation for any distinctions they make III. Minimum Rationality Standard Applies to most laws Atkins v Virginia - death penalty does not apply to mentally impaired Minimum standard applied for basis of discrimination. Government must allege a rational foundation for any distinctions they make

EEOC - Equal Employment Opportunity Commission created as a regulatory body - Force of the law One of its regulations: Affirmative Action Created program which provided special opportunities Law says cannot discriminate based on gender, race AA says we are going to make decisions based on gender and race EEOC - Equal Employment Opportunity Commission created as a regulatory body - Force of the law One of its regulations: Affirmative Action Created program which provided special opportunities Law says cannot discriminate based on gender, race AA says we are going to make decisions based on gender and race

Affirmative Action Born of the civil rights movement Minorities and women to be given special consideration Employment Education Contracting decisions Purpose: to equalize the scales between Caucasians and minority groups Affirmative Action Born of the civil rights movement Minorities and women to be given special consideration Employment Education Contracting decisions Purpose: to equalize the scales between Caucasians and minority groups

Does Affirmative Action make things better or worse? University of CA v Bakke 1978 Gratz v. Bollinger 2002 Grutter v. Bollinger 2003 Does Affirmative Action make things better or worse? University of CA v Bakke 1978 Gratz v. Bollinger 2002 Grutter v. Bollinger 2003