Being fair; Being Reasonable

 A. General Meaning: Treating Groups Differently  B. Some reasonable and inevitable: 1. Age Requirements for driver’s License 2. Drinking Age 3. Higher tax brackets for higher incomes

 C. 14 th Amendment’s EQUAL PROTECTION CLAUSE bans states from unreasonable discrimination But how do you determine if discrimination is reasonable?

 A. RATIONAL BASIS TEST 1. DISCRIMINATION IS CONSTITUTIONAL IF IT HAS A REASONABLE RELATIONSHIP TO A PROPER PURPOSE OF GOV’T 2. BURDEN OF PROOF IS ON THE PLAINTIFF 3. CANNOT BE USED IN CASES INVOLVING SUSPECT CLASS, QUASI-SUSPECT CLASS, OR FUNDAMENTAL RIGHTS

 B. SUSPECT CLASSIFICATION 1. SUSPECT CLASS: A CLASS THAT HAS HISTORICALLY SUFFERED UNEQUAL TREATMENT ON THE BASIS OF RACE OR NATIONAL ORIGIN 2. BURDEN OF PROOF SHIFTS TO DEFENDANT (STATE GOV’T) 3. COURTS SUBJECT SUCH DISCRIMINATION TO STRICT SCRUTINY — THERE MUST BE A COMPELLING PURPOSE FOR THE DISCRIMINATION TO BE CONSTITUTIONAL

 C. QUASI-SUSPECT CLASSIFICATION 1. QUASI-SUSPECT CLASS: GENDER 2. HEIGHTENED SCRUTINY :NOT QUITE AS HIGH AS FOR RACE IN RECOGNITION OF BIOLOGICAL DIFFERENCES 3. e.g. MALE-ONLY DRAFT REGISTRATION