Constitutional Law Foundations 6 - Equal Protection Clause Notes

The Constitution protects individual rights and sets out the structure of the government.
The Fourteenth Amendment is key to protecting individual rights, stating that no state can deny any person equal protection under the law.

The Equal Protection Clause is the government's promise not to discriminate without adequate cause.
Important cases include Brown v. Board of Education, the case admitting women to the Virginia Military Institute, and the case legalizing same-sex marriage.
The Fourteenth Amendment extended these rules to state and local governments.
The Supreme Court has held that the Fifth Amendment's Due Process Clause includes an equal protection requirement for the federal government.
Fourteenth Amendment applies to states and local governments, Fifth Amendment applies similar rules to the feds.

Equal protection applies whenever the government acts, be it in hiring decisions or local ordinances.
An equal protection claim arises when the government treats people differently.
The focus is on whether the unequal treatment is adequately justified.

Strict Scrutiny
- A law will be upheld only if it is necessary to achieve a compelling government purpose.
- The government bears the burden of proof.
- The law must be the least restrictive alternative.
Intermediate Scrutiny
- A law will be upheld if it is substantially related to an important government purpose.
- The government bears the burden of proof.
Rational Basis
- A government action is upheld unless it is not rationally related to any legitimate purpose.
- The challenger has the burden.
- The court may infer a legitimate purpose.

Involve race or national origin. Strict scrutiny applies.
Also applies if a law infringes on a fundamental right (interstate travel, privacy, voting, First Amendment rights).
The government must show that the law is necessary to achieve a compelling government purpose.
Applies whether a law targets a group for good or ill (e.g., affirmative action).
If the intent was to target a racial or ethnic group, strict scrutiny applies.
The government action will likely fail if strict scrutiny is applied because if the government's goal is legit, if there's a less burdensome way to accomplish the goal, the law fails strict scrutiny.
Strict scrutiny sometimes applies when a state or local government discriminates against a non - U.S. citizen (alienage).
If Congress is classifying based on citizenship, strict scrutiny doesn't apply because the Constitution gives Congress plenary power.
Rational basis applies if the discrimination involves participation in the self government process.
- A state cannot require a notary to be a U.S. citizen (clerical job).
- A state can require K-12 teachers to be U.S. citizens (role in shaping good citizens).
- State discrimination based on U.S. citizenship for teachers at colleges and universities is reviewed under strict scrutiny.

Intermediate scrutiny applies.
Involves gender (sex).
The government must show that classifications based on sex are substantially related to an important government purpose.
Laws that discriminate against nonmarital children are also reviewed under the intermediate scrutiny standard.

Applies to all other classifications (age, wealth, and disability).
The challenger must show that the government action is not rationally related to any legitimate purpose.
Most government actions pass this test.
A classification based on animus (ill will toward a group) will not meet rational basis review.
Laws forbidding same-sex marriage were struck down because the law wasn't rationally related to a legitimate government purpose.