Substantive Law Study Support

Questions for Review and Answers

1. What is the difference between laws based on classifications and laws that invidiously discriminate?
Laws often treat individuals or groups differently, and, when there is a legitimate reason, such classification is allowed. Laws that target groups for the following reasons invidiously discriminate: based on ill will or prejudice because of characteristics such as race, color, religion, sex, age, legitimacy, handicap, or national origin.

2. Under what, if any, circumstances does the Equal Protection Clause apply to private conduct?
When private individuals are employees of the state or have some other strong connection to the state.

3. Is the federal government bound by the provisions of the Equal Protection Clause? Explain.
Yes, the federal government is bound by the provisions of the Equal Protection Clause through the Fifth Amendment Due Process Clause. Although no Equal Protection Clause expressly applies to the federal government, the Court says the Fifth Amendment Due Process Clause incorporates concepts of equal protection.

4. Define the terms suspect class, quasi-suspect class, and fundamental rights, and explain how each term affects the Equal Protection Clause.
A suspect class is one that is historically the target of discrimination. Laws or state actions that treat suspect classes differently must be strongly justified if challenged, and they are rarely legitimate.
A quasi-suspect class is a classification in the law based on factors such as gender or legitimacy that must be strongly justified if the law is challenged.
Fundamental rights are basic rights found in the Constitution, such as the right to vote and the right to travel; they are most strongly protected. Any law that deprives a person of a fundamental right is subject to strict scrutiny.

5. Compare and contrast the three tests used by the Supreme Court when evaluating laws and practices for equal protection violations.
Rational Basis: Law is constitutional if the law has a reasonable relationship to legitimate government interest.
Strict Scrutiny: Law is constitutional if the law is necessary to achieving a compelling state interest.

Intermediate Scrutiny: Law is constitutional if the law is substantially related to an important government interest.

6. Summarize three Supreme Court cases where the Court found violations of the Equal Protection Clause.
(Several cases in the text do this. See Table 8–3 for a summary of the cases.)

7. Summarize three Supreme Court cases where the Court found no violation of the Equal Protection Clause.
(Several cases in the text do this. See Table 8–3 for a summary of the cases.)

8. In what ways does the Equal Protection Clause protect voting rights?

The Supreme Court reviewed various laws and practices that present equal protection issues including laws that impose qualifications for voters and laws that restrict a candidate’s access to the ballot. Another major issue for the Court was reapportionment or redistricting for elections. In the 2000 presidential election, the Court also considered if Florida’s vote recount process violated the Equal Protection Clause.

9. What is the “one person, one vote” rule?

Each vote should be of equal weight.

10. What are some of the problems stemming from efforts to eliminate equal protection violations by such means as affirmative action?
By giving preference to minorities and women, the laws classify individuals based on race or gender. Sometimes this violates the Equal Protection Clause.