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Flashcards in SDP Deck (4)
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1
Q

Which of the following is not itself sufficient to trigger strict or intermediate scrutiny on a claim that government action discriminates on the basis of a suspect or quasi-suspect classification?

A Facial discrimination

B Discriminatory motive

C Discriminatory effect

D Discriminatory application

A

The discriminatory effect of governmental action is not enough, standing alone, to trigger strict or intermediate scrutiny. Only intentional discrimination violates the Equal Protection Clause, and the mere fact that government action appears to have a discriminatory effect does not show a discriminatory intent.

2
Q

T/F: Race, national origin, and alienage are the three suspect classifications designated by the Supreme Court as requiring a strict standard of review (strict scrutiny) for a challenge to a government action or law on the basis of equal protection.

A

True.

3
Q

In which of the following cases would strict scrutiny of a government action be applied to determine whether the action violates equal protection?

A A federal law denies government benefits to an individual based on alienage.

B A state law denies government benefits to an individual based on alienage.

C A state law penalizes an individual who is an undocumented alien.

D A state law makes aliens ineligible for public employment in positions that directly affect the self-government process.

A

STATE LAW that denies government benefits to an individual based on alienage is subject to SS and will be upheld only if the state proves the discrimination is necessary to achieve a compelling government interest. Generally, alienage classifications made by states are subject to SS.

FEDERAL LAW that denies government benefits to an individual based on alienage is tested under RBR. Federal classifications based on alienage generally are tested under the rational basis test (i.e., valid unless the challenger can prove that the classifications are not rationally related to a legitimate government interest).

STATE LAW that makes aliens ineligible for public employment in positions that directly affect the self-governing process are subject to RBR.

STATE LAW that penalizes an individual who is an undocumented alien is subject to RBR.

4
Q

A man was a permanent resident alien of the United States who was awaiting an opportunity to become a citizen. He filed an application to become an instructor in the local public high school but was denied the position solely on the ground that he was not a citizen. The man now brings suit, alleging that his status as a resident alien was not a proper ground for denying him a position as an instructor.

May the state deny a permanent resident alien employment as an instructor in the public high school?

A

The state’s action would be reviewed under RBR. Although state classifications based on alienage are generally suspect, a state may reserve a government position for citizens if it is related to self-governance, involves policymaking, or requires exercise of important discretionary power over citizens. In these cases, only a rationality test is used. A public school teacher at the primary and secondary school level performs an important governmental function (e.g., he influences students’ attitudes about government, the political process, citizenship, etc.), and therefore the exclusion of aliens is rationally related to the state’s interest in furthering educational goals.