Equal Protection of the Laws

1. Equal Protection of the Laws • Amendment – • No state shall “deny to any person within its jurisdiction the equal protection of the laws” • Amendment – applies to federal government • No person shall “be deprived of life, liberty, or property, without due process of law” *only applies to actions of governments, not private individuals

2. Constitutional Classifications What are constitutional and unconstitutional classifications? SCOTUS uses three tests:

3. Rational Basis Test • Person disputing the law must prove that the law has no rational (or legitimate) governmental goal • Traditionally used in economic cases • Used more often recently in non-economic cases • Most laws are upheld Key cases: McCullough v. Maryland (1819) United States v. Carolene Products Co (1938)

4. Strict Scrutiny Test • Applied to “ ” • People have been deliberately subjected to severely unequal treatment or that society has used to render people politically powerless • Race or national origin are red flags • About 30% of laws survive strict scrutiny

5. Heightened Scrutiny Test(Intermediate Scrutiny) • First used in 1971 • “There can be no doubt that our nation has had a long and unfortunate history of sex discrimination. Traditionally, such discrimination was rationalized by an attitude of “romantic paternalism,’ which in practical effect put women, not on a pedestal, but in a cage.” • SCOTUS today often uses federal laws (like 1964 Civil Rights Act) to strike down laws

6. Suspect Classifications • Race - • Religion – • National Origin - • Violations of fundamental rights - • A right implicitly or explicitly guaranteed by the Constitution (not its importance) • Ex: travel, vote (education, housing, welfare no) • Sex – • Sexual orientation – SCOTUS has struck down laws, • Age – SCOTUS • Economic status – SCOTUS financial need alone identify a suspect class for equal protection analysis

7. Statutory Protection • Civil Rights Act, 1957 • Civil Rights Act 1964 • Voting Rights Act, 1965 • Age Discrimination in Employment Act, 1967 • Fair Housing Act, 1968 • Title IX, Education Amendment of 1972 • Rehabilitation Act, 1973 • Fair Housing Act Amendments, 1988 • Americans with Disabilities Act, 1990 • Civil Rights Act, 1991

8. Voting • States regulate elections and voting qualifications, however Congress has used its limited authority to also regulate voting • Article I, Section 4 The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. • Article II, Section 1 The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. • Congress has: • Set date for selecting electors, set age qualifications and residency requirements to vote in national elections, establish a uniform day for all states to hold elections for members of Congress and presidential electors, to give citizens living outside the US the right to vote for Congress and President • Despite this states barred groups from voting • “At first, we used to kill them to keep them from voting; when we got sick of doing that, we began to steal their ballots; and when stealing their ballots got to troubling our consciences, we decided to handle the mater legally, fixing it so they couldn't vote.” • Literacy tests, white primary, poll tax, gerrymandering, etc.

9. Voting Rights Act of 1965 http://archive.fairvote.org/?page=323