Equal Protection Clause

What is the broadest rule statement for equal protection clause?

The Equal Protection Clause provides that no person may be denied the equal protection of the laws.

What are the issues under the EPC?

(1) what is the classification?; (2) what is the appropriate level of scrutiny; and (3) does the government action meet the level of scrutiny?

What is the rule statement for classification?

A law may implicate the equal protection clause if: (1) it makes a classification on its face or (2) it has a discriminatory impact AND and discriminatory purpose.

What level of scrutiny are there?

(1) Strict scrutiny; (2) intermediate scrutiny; and (3) rational basis.

What is the rule statement for strict scrutiny?

Under strict scrutiny, the law will be invalid unless it is necessary to achieve a compelling government purpose. Government has burden of proof. Strict scrutiny is generally applied to classifications based on: (1) race; (2) national origin; (3) non-citizens; and (4) fundamental rights.

What is the rule statement for intermediate scrutiny?

Under intermediate scrutiny, the law will be upheld if it is substantially related to an important government purpose. Government has burden of proof. Intermediate scrutiny is applied to classifications based on: (1) gender and (2) non-marital children.

What is the rule statement for rational basis?

Under a rational basis, the law will be upheld if it is rationally related to a legitimate government purpose. Challenger has burden of proof. Rational basis applies to every other type of classification, including: (1) age; (2) education; and (3) marital status.

What is the rule statement for if a government action meets the level of scrutiny?

[INSERT TYPE OF SCRUTINY] Laws that are both underinclusive and overinclusive generally violate the equal protection clause.