What does the equal protection clause state?
- Part of 14th Amendment
- "No state shall deny to any person within its jurisdiction"
- prohibits STATE discrimination
What is the purpose of scutiny?
is a form of judicial review that courts use to determine the constitutionality of certain laws
What are the levels of scrutiny?
1. Strict scrutiny
2. Intermediate Scrutiny
3. Rational Basis Review
Strict Scrutiny
the legislature must have passed the law to further a "COMPELLING governmental interest," and must have NARROWLY tailored the law to achieve that interest.
What types of areas must go through strict scrutiny?
race, national origin, religion
Intermediate Scrutiny
he legislature must have passed the law to further an IMPORTANT government interest by means that are SUBSTANTIALLY related to that interest.
What types of areas must go through intermediate scrutiny?
gender or sex
Rational Basis Review
The government has no LEGITIMATE interest in the law or policy; or There is no REASONABLE OR RATIONAL link between that interest and the challenged law.
What is discrimination?
the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex.
Racial discrimination & Brown Vs. Board of Education
- In Brown Vs. Board of Education in 1954, said that "separate but equal" is inherently unequal.
- Separate facilities for blacks and whites could never be truly equal
Desegregation
Process of ending separation of two groups
Two types of segregation
Two forms:
- De Jure
- De Facto
De Jure
Separation enforced by law
De Facto
Occurs when widespread individual preferences lead to separation
Purposeful Discrimination
Discriminate on basis of race or national origin
Civil Rights Act of 1964
Focused on ending legal barriers at the state and local levels that prevented African Americans from exercising their right to vote
Voting Rights Act of 1965
- Prohibits racial discrimination in voting
- All Southern states fell under this act
- Increase in blacks voting
Gerrymander
-manipulate the boundaries of (an electoral constituency) so as to favor one party or class.
- State of district is irregular but obvious that is segregates the races
One - person- one - vote
Legislative districts need to be divided according to population, so each person has equal amount of representation in government
Majority Minority District
Where a racial or ethnic minority makes up a large-enough share of the electorate to assure that the community has a reasonable chance to elect the candidate of their choice
Suspect classification and strict scrutiny
All racial classifications at any level of government are subject to strict scrutiny
Quid pro quo
If you do something for me, I will do something for you
Sexual harassment is discrimination based on what act?
Title 7, Civil Rights Act of 1964
Age discrimination
-NOT in Civil Rights Act
- Congress passed age discrimination act
Heightened Scrutiny
Classifications must serve "important governmental objectives" and the classification must be "substantially related" to achieving that objective
Sexual Discrimination involves what kind of scrutiny?
Heightened Scrutiny
SCOTUS & Wealth Discrimination
- SCOTUS has struck down laws requiring large filing fees for public office
- Struck down Virginia's poll tax in 1966 because violated equal protection clause
Disabled Persons Discrimination
-Not included in Civil Rights Act
- So created Americans with disabilities Act of 1990
- MUST give reasonable accommodation
Definition of disability
Physical or mental impairment that substantially limits one or more major life activities
Non- citizens and Equal Protection
Within US territory, non citizens have rights because of Equal Protection under the law
Similarly Situated Persons
Persons similarly situated must be similarly
What is Due Process?
air treatment through the normal judicial system, especially as a citizen's entitlement.
What are the two types of Due process?
procedural and substansitive
Procedural Due Process
If you seek to have government action declared unconstitutional because of lack of safeguards in the process
Substantive Due process
If you seek to have action declared unconstitutional as violating constitutional right
Bill of Rights
- How fundamental rights started
- Add by first congress in 1789 after agreement allowing ratification of constitution
Fundamental right is...
Described to be a liberty by the supreme court
Which rights have not been incorporated?
-Amendment 3
-Amendment 5: Grand Jury
-Amendment 7
-Amendment 8: Excessive Fines
-Amendment 8: Excessive Bail
Fundamental Rights
-Right to vote
-Rights to Travel
-Right to privacy
Right to Vote
The vote of one person must be equal to that of another person within the same state. Both houses of a state's legislature must be based on population and equality
Right to Travel
Court prevents states from enacting laws that have the effect of impairing interstate mobility
Right to Privacy
Fundamental right to privacy in constitution but not actually stated - 9th Amendment
4th Amendment
The right of the people to secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly desc
Search Warrants
-Must describe place to be searched
-Describe person or thing to be seized
Stop & Frisk
-Relies on a "reasonable suspicion"
-If found something, then reasonable cause
-No warrant required
Citizen Encounter
- Not in US Constitution that you must identify yourself.
- Some state laws MAY REQUIRE you to do so
High Tech Searches
- Use of thermal imaging device to snoop for hot spots violates 4th Amendment
-
Border Exception
Warrants are not required for searches at border crossings
Police Checkpoints
-SCOTUS allowed checkpoints to check for sobriety
- Struck down checkpoints set up to see if people were using drugs
Hot Pursuit Exception
A fugitive may not run from police and escape a search merely by entering a private home or other dwelling
Plain View Exception
- Police must enter lawfully
-Evidence must be discovered inadvertently
-Should be immediately apparent
Consent to search
-Can consent to search at any time
-UP to you to know you can refuse
What constitutes probable cause?
Person must go to judge and ask for warrant. Judge will say whether or not they have enough evidence for a warrant.
Knock and Talk
Investigative technique where one or more police officers approach a private residence, knocks on the door, and requests consent from owner to search residence
Exclusionary Rule
A judicial rule that makes evidence obtained in violation of the US constitution, state, or federal laws, or court rules invalid