Constitutional Law- Chapter 8

Violations of Equal Protection: Applying the Tests

-Race, ethnicity, and national origin (strict scrutiny) -Gender (intermediate) -Alien Status (strict or intermediate scrutiny)

Legislatures 3 Powers

1.to approve presidential appointments 2.to impeach the president, VP and other national officers 3.to make laws

Intermediate Level of Scrutiny (aka Heightened Scrutiny)

Also referred to as the heightened scrutiny. A the law is constitutional if the law is "substantially" related to an important government interest. (used on quasi suspect classes)

Quasi-Suspect Class

Classes based on gender. Laws that discriminate on the basis of gender or legitimacy are subject to an intermediate level of scrutiny.

Suspect Class

Group who has historically been a target of discrimination

Invidious Discrimination

Illegally unequal treatment based on race, color, religion, sex, age, handicap, or national origin. The supreme court acknowledges that not all laws creating classifications are unconstitutional. Only invidious discrimination is not allowed.

Fundamental Right

One that is expressly or impliedly found in the constitution. Education is not considered a fundamental right. Laws that affect fundamental rights are highly suspect and subject to strict scrutiny regardless of what classification is found in the law.

Strict Scrutiny

Requires the highest standards. When the court applies strict scrutiny test it is more likely that the law is found unconstitutional. the law is const if the law is necessary to achieve a "compelling" state interest. There must be purposeful discrimination to come under the strict scrutiny test

Rational Basis Test

Requires the lowest standards. A law is constitutional If the law has a "reasonable" relationship to a "legitimate" interest. Rational basis test is for laws that do not involve a suspect class or a fundamental right.

How the supreme court reviews laws for equal protection violations

The Supreme Court developed three different tests or standards for determining if state laws violate the Equal protection clause. These three tests are referred to as rational basis, strict scrutiny, and intermediate scrutiny. Each of these tests sets forth criteria or standards that the law must meet in order to be constitutional. The standard that a court uses in reviewing a law often affects the outcome of the case. IN DETERMINING WHICH TEST TO APPLY: 1. Does the law target suspect class? 2. Does the law affect a fundamental right? 3. Is there purposeful discrimination? If all these are yes, the court strictly scrutinizes the law.

16th amendment

The power to impose an income tax

Facially Neutral

Type of law that does not discriminate by its terms, but may result in discriminatory practices anyway. They appear to not discriminate.

Article 2 of the constitution

the most specific powers of the president