bar bri con law outline

8/3/2019 Bar Bri Con Law Outline

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Bar Bri Con Law Outline 4/15/2011 10:36:00 AM

I. Federal Judicial PowerCourts under the Constitution

A. Authority for Judicial Reviewo Article IIIconstitution doesnt explicitly create judicial review

SC articulated judicial reviewo 1. Marbury v. Madison (1803)creates the authority of fed court to review

the constitutionality of leg and exec actions

it is the province of the judicial system to say what the law iso 2. Series of decisions SC created its authority to review state and local actions

and the decisions of state courts.

B. Cases and Controversieso SC has interpreted this to mean if it rises to the limits of fed jud power.

Justicability doctrine - must be met for any federal court at any levelto hear the case

1. Standingwhether the P is the proper party to bring thematter to the court for adjudications

A. InjuryP must allege and prove that he or she hasbeen or will be injured.

o 1. P must prove personally suffered injury. Zera Club v. Morton

o 2. P seeking injunctive or declaratory relief mustshow a likelihood of future harm.

City of LA v. Lyons (1982) B. Causation and Redressability

o D caused the injury so that a favorable fedcourt ruling/decision might remedy the harm.

o Ths is the way to be sure that the court is notissuing advisory opinions.

C. No Third Party Standingo P cannot bring claims of others who are not

before the court. A P must bring personally

suffered injuries so that explains why we cant

bring suits for others.

o In order for their to be third party claims, the Phimself must meets other standing requirements.

o Exceptions:


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1. Close Relationshipadequatelyrepresent the interests of the third party.

DoctorPatient 2. Third Party unlikely to be able to

assert his/her own rights. D. No Generalized Grievances.

o Refers to a particular kind of claim P cannot be suing solely as a

Citizen or a Taxpayer objective

Objects to the govt violating theconstitution.

o Exception: Taxpayers has standing to challenge

government expenditure money pursuant

to a federal statute in violation of the

establishment clause.

Narrowed: more recently, if challengingmoney pursuant to a specific fed statute.

Not if it is general executiverevenue.

2. Ripeness Asks may the federal court grant pre-enforcement

review of a statute or regulation.

o When P is seeking declaratory judgment, Isthere really a case or controversy here?

Look at two criteria:o 1. The hardship P will suffer without pre-

enforcement review

The greater the hardship the more likelythe fed court will hear the case

o 2. The fitness of issues in the record Does the court have all its need to decide

an issue/question or would it better to

wait until a real case arises?


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If purely a question of lawthennothing gained by waiting for

prosecution.

3. Mootness if events after the filing of the law suit end the Ps

injury, then the case will be dismissed because it is

moot.

A P must present a live controversy and a ongoinginjury and if anything happens while the case is

pending to end the injury, the case must be dismissed

because it is moot .

Exceptions:o A. Wrongs capable of repetition, but evading

review.

Some injuries happen over and overagain and there is a short duration for the

injury.

If chance that happens it would happenover and over again and never be heard,

the court could hear it.

Roe v. Wade = Pregnant in1970, 1973 decided.

o B. Voluntary Cessation If D voluntarily haults but is free to

resume at any time, the case will not be

dismissed for mootness.

4. Political Questions Doctrine. Allegations of Constitutional violations that federal

courts will not adjudicate

Some constitutional provisions that exec and politicalbranches to resolve.

4 cases of PQ that are non justiciableo 1. Cases under republican forum of government

clause

Art IV = the US shall guarantee to eachstate a republican form of govt


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o 2. Challenges to the President conduct in foreignpolicy.

o 3. Challenges to the impeachment and removalprocess of the Federal officials

o 4. Challenges to partisan gerrymandering Where PP that controls the leg body that

draws elections district to max benefit

for that party.

II. Federal Legislative Power

A. Express or implied authority for congress to acto No general fed police powerState and local governments have police

power; can do whatever unless constitution says they cant

B. Necessary and Proper Clause (Art I. Sec 8)o Congress may choose any means not prohibited by Const to reasonable curate

its authority

C. Taxing Spending/Commerce Clause Powerso 1. Congress may tax to raise revenue and spending program to expend it if it is

for the general welfare

congress can create any tax or spending program that congressbelieves will serve the general welfare.

o 2. Commerce Clause all economic regulation, criminal laws, all regulatory statutes. Congress can regulate in 3 situations

1. Congress may regulate the channels of interstate commerce Highways, waterways, internet

2. Congress may regulate the instrumentalities of interstatecommerce or persons/things in interstate commerce.

Trucks, planes, boats Gibbons v. OgdenSC commerce refers to all forms of

intercourse

o Electricity, radio waves because they go acrossstate lines

o Stock, insurance goes across state lineso People, animals if they go across state lines.

3. Congress may regulate things that taken cumulatively have aSubstantial effect on interstate commerce


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Economico WickardWheat has a susbtnatial effect on

interstate commerce

Non Economic Activity-o Gonzales v. Raichcriminally punish small

amounts of marijuana for personal medicinal

use.

Marijuana is bought and sold throughinterstate commerce, taken in the big

picture, it has a sub effect.

But, In non economic effect, sub effectcannot be based on cumulative impact.

o Morrisoncivil damages of gender motivatedviolence.

Violence against women = sexualassault, domestic battery.

Non economic activity.o D. Tenth Amendment

Any power not given to fed government are given to the state and theirpeople respectively.

Congress can act only if has the authority in the constitution. 1. Congress cannot compel state legislative or regulatory body to

enforce a federal mandate

NY v. United States Prince v. United States

2. Congress may restrict harmful commercial activity by stategovernments

Renoo E. Section 5, 14th Amendment

Congress Cannot create new rights or expand the scope of rights. Congress can act to prevent or remedy rights that are recognized by the

courts.

Narrowly tailored - These laws must be proportionate andcongruent to remedy proven constitutional violations.

III. Federal Executive Power

A. Foreign Policy


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o 1. Treaties Agreement between foreign country and the US that is negotiated by

president and effective and ratified by the senate

A. state law that conflict with treaties are invalid. B. if conflict between exec treaty and fed statute the one that

adopted last in time controls.

C. invalid if conflict with constitution.o 2. Executive Agreements

A. agreement between us and foreign country that is effective whensigned by president and head of foreign nation

If doc is labeled exec agree then no senate approval needed. B. may be used for any purpose.

Anything that can be done by treaty can be done by executiveagreement.

C. executive agreement prevail over conflict state law but never overfederal statutes or the constitution

o 3. American Troops in Foreign Country never not once in American history has it been declared

unconstitutional to do this.

B. Domestic Affairso 1. Appointment and Removal Power

Who may possess the appointment power? The president appoints ambassador, federal judges, and officers

of the united states.

The senate must confirm the nomination but the appointmentpower is solely with the president

Congress may defer the appointment of inferior offices in thepresident and the heads of department or lower federal courts.

The SC has never defined who is a inferior officer One who could be fired by an officer of the United States

USAG Congress cannot give itself or its members the power to appoint

executive offices.

o 2. Removal Power unless removal is limited by fed statute then president may fire any

executive branch official.


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Nixon firing Special Prosecutor Archibald Cox Congress may limit removal if:

1. It must be an office where independence in president isdesirable

2. The statute must not prohibit removal, but can limit removal.o 3. Absolution for things during office.

president cannot be sued for monetary damages for anything thathappens during his presidency

no immunity to things that happened prior to taking office.o 4. Executive Privilege protects Presidential Papers and Conversation

such privilege must yield when there is an overriding interest in them.IV. Federalism

Limits on state and local government power A. Preemption

o Art 6Supremacy Clause Constitution and laws and treaties made pursuant to it are the supreme

laws of the land.

If conflict between federal and state/local law fed law wins, statelaw preempted

o 1. Express preemption if a federal statute explicitly says that federal law is exclusive in an

area, then the state/local laws preempted Any time congress has authority to act, they have the authority to say

state law is preempted

o 2. Implied Preemption even if federal statute is silent, still be implied preemption if federal law and state law are m. exclusive, so that it is not possible

to comply with both, state law preempted

If a state local law impedes the achievement of federal objective, thenstate/local law preempted.

o 3. If congress evidence a clear intent to preempt state/local law, then state laware deemed preempted.

E.g. immigationo 4. States may not regulate federal government activity

McCullough v. Maryland SC declared unconstitutional a tax on thebank of the US


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B. Dormant Commerce Clause/Privileges and Immunities Clause Art IV.o 1. Definitions.

A. Dormant Commerce Clausestate/local law unconstitutional ifplace undue burden on interstate commerce.

B. Privileges and Immunities Clause Art IVno state can deprivecitizens of other state of p and I that it accords its own citizens.

Anti discrimination provisionlimits the state/local govt todiscriminate against out of staters.

C. Privileges or Immunities Clause of the 14 th Amendmentbottomlinealways a wrong answer unless it involves the right to travel.

Majestic languageSlaughterhouse (1873)narrowconstruction, SC so limiting that it is ineffective.

Right to TravelSaenz v. Roe (1999) - Cali law if personmoved there from another state, welfare benefits limited when

they moved. Discriminating against new residents v. old

residents. SC = freedom of travel protected under P and I

clause.

o 2. Analysis Step 1: Does the state/local law discriminate against out of staters? Usually they do not discriminate but sometimes state/local

government, try to get benefit for their own residents at the expense

out of staters.

Philadelpha v. New Jerseyno out of sate garbage in NJ landfills

Granholm - in state wineries could ship wine directly toconsumers in the mail, but not out of staters.

o 3. Analysis Step 2: Who doesnt the state/local law discriminate it against? The privileges and immunities clause of art 4 just doesnt apply if no

discrimination.

If law puts a burden on interstate commerce, it violates the dormantcommerce clause if the burdens of interstate commerce outweigh the

benefits of the law.

o 4. Analysis Step 3: if law puts burden on interstate commerce unconstitutionalunless it is necessary to achieve a compelling government interest

necessaryno less discriminatory alternative will suffice. EXCEPTIONS:


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1. Congressional Approvalif congress approves thestate/local law it is then permissible even if violates the

dormant commerce clause because it is no longer dormant,

congress has acted.

If congress approves permissible. 2 Market Participant Exception

state/local government may prefer its own citizens inreceiving benefits from government programs or

dealing with governments own businesses.

1. University of Cali can charge less in tuition to instaters and more for out of staterscreating a

dissentive to come to the state.

o Does not violate DCC because the publicschool is seen a s a government program.

o Private schools cannot do this 2. State of South Dakota operated a cement factory

charged more for to out of state.

o SC since the state is the market participant itwas permissible.

o Privileges and Immunities Only if discrimination against out of staters The discrimination must be in regard to civil liberties or earning ones

living.

SC has defined PI as including civil libertiesindividual rightsprotected by the constitution.rarely get litigated under the PI

immunities clause

If a law said Cali out of staters cant talk shit about governor violation of PI, but more likely to be struck down under the

first amendment first. NOT REALLY USED MUCH HERE>

MORE USED WHEN When a state or local governmentdiscriminate against out of staters for trying to make a living.

SC wanted a fishing license $50 for in staters or $250 for outof staters

NH in order to be admitted to the bar you have to be a residentof NH discriminating against out of staters ability to earn a

living.


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Corporations and aliens cannot use this provision. Only individualswho are US citizens may sue against

Discrimination will be allowed only if necessary to achieve acompelling government interest.

V. The Structure ofthe Constitutions Protection of Individual Liberties A. Is there government action?

o 1. The constitution applies only to the government, private conduct does nothave to comply with the constitution.

Private InstitutionsGovernment and Constitution do not apply. State Action Doctrineconstitution applies to government and

government officials at all levels.

o 2. Congress by statute may apply constitutional norms to private conduct. Can regulate the same standards for public conduct to private conduct.

Race Discriminationapply constitutional norms of equality toprivate conduct pursuant 13th amendment.

A. 13th AmendmentCongress may prohibit private racediscrimination.

The 13th amendment prohibits slavery and involuntaryservitude. Congress has broad power to prohibit it.

B. Commerce ClauseCongress can apply constitutional norms toprivate conduct.

Civil Rights Act of 1964SC adopted this pursuant to itscommerce clause authority.

Ollys BBQ Alabama Restaurant refused to serve blackpeople. SC said that much of Ollys BBQ came across state

line. Cumulatively had a significant effect on interstae

commerce.

C. Pursuant to section 5 of the 14th amendment can only regulate statelocal government, cannot regulate private behavior.

Exceptions: 1. Public Functionsif a private entity is performing a

task that has been traditionally and exclusively done by

the government. The constitution applies.

o Marsh v. Alabamacompany town. Cant banJehovahs witnesses because they have to

comply with the constitution.


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o Jackson v. Metropolitan Edisonprivate ownedutility company that went to fire an employee.

Employee wanted due process.

2. Entanglement Exceptionif govt authorities,encourage, or facilitates unconstitutional conduct, theconstitution applies

o either the govt is going to have to stop or theprivate conduct has to comply with the

constitution.

o Example: Courts cannot enforce racially restrictive

covenants.

There is state action when governmentleases premises to a restaurant who

racially discriminates.

No state action when govt gives a liquorlicense to a club that racially

discriminates.

No state action when private school thatis 100% funded from the government

fire a teacher because of her speech.

Application of the Bill of Rightso The BR applies directly only to the federal governmento The BR applies to state/local thorough the due process clause of the 14 th

amendment.

Never has the SC said that they all apply to states However, over time, the SC has applied most to statesonly 4 that

have never been applied.

A. 3d amendmentsoldiers quartered in a persons home. B. 5th amendmentgrand jury indictment in criminal cases C. 7th amendmentjury trial in civil casesstates can

eliminate juries in state court if they want.

D. 8th amendment - rights of excess fines apply to state/localgovernment.

Levels of Scrutinywhenever a court is dealing with individual liberties or civilrights


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o 1. Rational basis testminimal level of scrutiny upheld if it is rationally related to a legitimate government purpose. Only has to be a reasonable or rational way to achieve the objective Tremendously deferential to the governmentchallenger has burden

of proof. GOVERNMENT ALMOST ALWAYS WINS. If challenger can show there Is no purpose or law is not

rationally related to it, then struck down.

o 2. Intermediate Scrutinysub related to important govt purpose. Court will look at govts actual purpose

Conceivable important purpose is not enough Means have to be narrowly tailored, substantially related.

Government means have to be a very good way, not the bestway, least restrictive alternative not used here.

Govt has burden of proof law upheld only if govt can show subrelated to an important govt purpose.

o 3. Strict Scrutinyupheld necessary to achieve a compelling governmentpurpose.

> legitimate, important purpose. Govt objective must be crucial, vital,compelling

Means must be necessary to achieve the purpose. Necessary = no less restrictive alternative can suffice. Means have to be narrowly tailored.

Govt has burden of proof. GOVERNMENT USUALLY LOSES.VI. Individual Liberties

A. Conceptso 1. Procedural Due Processrefers to the procedures that government must

follow when taking away life, liberty, or property.

Requires adequate procedures = notice and hearingo 2. Substantial Due Processasks whether the government has an adequate

reason to take away life, liberty or property.

Requires compelling justificationo 3. Equal Protectionthe government treatment to people is justified by an

adequate purpose.

Treating some differently than others. Requires all people similar situated be treated the same

o Differentiate


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Better proceduremore notice/better hearing - procedural due process Violating rights without adequate justificationsubstantive due

process

Unjustifiable discriminationequal protection Procedural Due Process

o Deprivation of life, liberty, or property? Only if there has been does govt have to provide due process Spotting a deprivation

Deprivation of liberty - occurs if loss of freedom provided byconst or statute

The written law creates liberty interestso Usually involves a violation of a persons

constitutional rights.

E.g Except in an emergency in order foran adult person to civilly committed

there must be notice/hearing.

When a parents institutionalizes achild, only a screening by a

neutral fact finder.

Harm to reputation by itself is not a restriction ofliberty.

Prisoners rarely have liberty interestswhen prisonerssue asserting a loss of liberty almost always lose.

Deprivation of property - occurs if a person has an entitlementthat entitlement is not fulfilled

Prior to late 1960s SC drew a distinction between a rightand privilege for due process analysis.

Entitlement is new magic word for property analysis Reasonable expectation to continue receipt of a benefit

o E.g Employment contract renewalo What procedures are required?

A. 3 pronged Test 1. The importance of interest to individual

more important to individual = more procedural reqs 2. Ability of additional procedures to increase the accuracy of

fact findings


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the more likely that the court will require them. 3. Governments interest

usually efficiencysaving money B. Examples

Before welfare benefits can be terminatednotice and hearing Before social security/disability can be terminatedonly a

post-termination hearing

Benefits can be cut off and then hearing provided When student disciplined by public schoolnotice of charges

and opportunity to explain.

No trial type hearing required. Before parents right to custody can be permanently terminated

notice and hearing.

Punitive damages - instruction to the jury and judicial review. Gross excessive damages violate due process.

American citizen detained as an enemy combatantmust begiven due process

Hazer HamdiAm Citizen apprehended inAfghanistan and detained as an enemy combatant. Had

to be given due process.

Except by exigent circumstance, Pre- judgment detachmentmust be proceeded by notice and hearing.

Reason to believe that person will get rid of property. The government may seize property that is seized in illegal

activity even if it has an innocent owner.

C. Economic Liberties 1. The constitution provides only minimal protection for

economic liberties.

Only rational basis test is used for economic rights. Lochner Erafreedom of Kfundamental rightused

strict scrutinyafter 1937 and this case, this was

subsequently overruled by SConly RB used for laws

effecting economic rights.

Laws that require minimum wagechallenge under DPor EPgovt will win.


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2. The Taking Clause5th amendmentgovt can take privateproperty for public use but must pay just compensation.

SC provides separate mode of analysis.o Is there a taking?

Possessory takinggovt confiscation orphysically occupies it.

Regulatory takinggovt regulation if itleaves no reasonable economically

viable use of the property.

Govt regulation is not takingsimply because of the decrease in

value of someones property

Rules for Regulatory Takings: 1. Govt conditions on the

development must be justified

relative to the burden imposed.

2. Property owner may bring atakings challenge claim even

when regulations were already in

place when they took ownership.

3. Temporarily denying an ownerdevelopment of property is not ataking, so long as the govt action

is reasonable.

o Is it for public use? If not for public use, govt has to give it

back.

Govt defined it so every claim will meetthis requirement

SC has said a taking is for publicuse so long as govt acts out of

reasonable belief that it will

benefit the public.

o Is just compensation paid? Measure in loss to ownerthe gain to

taker is irrelevant.


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Reasonable market value usually. The Contracts ClauseArt 1 Section 10 of the Constitution

No state should impair the obligation of existing Ks State/local interference with already existing contracts.

This never applies to the federal government. Can interfere future Ks Can interfere w/ existing private K if intermediate scrutiny is

met.

Can interfere w/existing govt K only if strict scrutiny is met.o The Right to Privacy

Fundamental right protected under liberty of the due process clause Strict Scrutiny analysis Privacy = umbrella for other fundamental rights.

Right to Marryheterosexual marriage Right to Procreatethe govt can impose involuntary

sterilization only if it meets strict scrutiny.

Right to Custodygovt can take away only if meets strictscrutiny

Right to keep family togetherfamily includes extendedfamily. Moore v. City of East Clevelandgrandmother can

live with grandchildren.

In order to be considered family, individuals must berelated to each other. This does not include college

students that are not related.

Right of parents to control upbringing of their childrengovtcan interfere with parenting decision only if it meets strict

scrutiny.

Right of parent to choose to send parents child toreligious school

Right of parents to have consent before court orderedgrandparent visitation.

Right to purchase and use contraception Griswold v. Connfundamental right to purchase

contraception.

Right to AbortionRoe v. Wade (73)women have afundamental right whether to terminate their pregnancies


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Planned Parenthood v. Casey (92)SC reaffirmed Roev. Wade. Changed law of abortion.

Strict Scrutiny not used

Casey Undue Burden Testo Prior to viabilitygovt cannot prohibit

abortion, can regulate so long as it does not

place an undue burden on right to choose.

o Viabilitytime at which fetus can surviveoutside the womb.

o 24 hour waiting period = not undue burdeno Prohibition of partial birth abortionnot undue

burden

Stenberg v. Carhhartparital birthisundue burden

Gonzales v. Carhartpartial birthabotion is not undue burden.

o After viabilitygovt may prohibit abortionexcept when necessary to protect their life or

health.

o Govt is never required to use govt funds orfacilities to provide abortions.

o Spousal Consent or spousal notification laws areunconstitutional

o Parental Notice and/or consent for unmarriedminor abortionstate may require parental

notice and or consent for an unmarried minor.

But only if state provides the ability for a minor

to go before a judge so that a judge can approve

the abortion by the judge either by seeing that

its in the best interest or by concluding she is

mature enough to make the decision.

Right to engage in private adult consensual homosexualactivity

Lawrence v. Texas (2003)o Made it a crime that made same sex activity


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o SC said unconstitutional a state cannot makeit a crime for two consenting an adult do in their

bedrooms

o No standard of review for this Right to refuse medical treatment

Cruzan v. Rector Hel Serviceso A. Competent adults have aright to refuse

medical care even life saving medical care.

Did not indicate level of scrutinyo B. A state may require clear and convincing

evidence before treatment is ended.

State has a compelling evidence inprotecting life.

o C. State may intervene to prevent familymembers from terminating treatment to another.

Prevent family members for endingtreatment to end their own emotional and

financial burden.

Right to Physician Assisted Suicide Not a right to privacy WA v. Glucksberg (1997)

o Terminally ill patient challenging aiding orabetting suicide

o SC ruled against patients and said right toprivacy does not include physician assisted

suicide.

o E. 2nd Amendment DC v. Heller (2008)

Private ownership possession of handguns Right of people to have guns for sake of security, not only a

right to have guns for militia services.

McDonald v. City of Chicago Rule applies to state/local govt

Do not know what level of scrutiny. 2nd amendment does protect individual right to have guns

firearms in the home for sake of security.


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o F. The Right to Travel under EP clause of 14th amendment and PI of 14thamendment

1. Laws that prevent people from entering or leaving a state must meetstrict scrutiny

2. Duration residential requirements must meet strict scrutiny. Person must live there a specified amount of time to get a

specific residence.

3. Only a rational basis test used for restriction on foreign/internationaltravel.

o G. Right to Vote 15th amendment, Fundamental right under EP 1. Must meet strict scrutiny. 2. As to regulations designed to prevent fraud, allowed as long as on

balanced desirable

photo id not unconstitutional 3. One person, one vote must always be maintained.

All district should be equal in population 4. At large elections are allowed, unless presence of discriminatory

purpose.

All voters vote for all officeholderso H. Right to Education not a fundamental right under constitution

Rodriguez v. San Antonio Board of Ed Funding public schools largely through property taxes, wealthy

areas could tax lower rates, much more to spend on education,

poor schools could tax higher rates, much less to spend on

education. SC upheld.

No fundamental right to education.VII. Individual Protection

Whenever Govt draws distinctions among people potential for EQ claim A. Equal protection.

o 1. What is the classification? How is the govt drawing a distinction among people? What is the level of scrutiny? Does the government action meet the level of scrutiny?

B. Constitutional provisions relating to equal protectiono STATE/LOCAL = 14tho FEDERAL = 5th


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o Equal protection clause of 14th amendment applies only to state/localgovernments.

o 14th Amendment never applies to the federal government EP is applied to federal govt through the due process clause of the 5 th

amendment.o Law of EP is the same whatever the level of government.

C. Strict Scrutinyo Govt discriminates against people when race/national original where they or

there ancestors came from

How is the existence of a race/NO classification proven? Facially Discriminatory law in very terms draws distinctions

based on race

Only whites can serve on juries Brown v. Board - Separate but equal schools

Facially Race Neutral Application1) discriminatory effect and 2) intent Washington v. Davis

o Requirement that police officers had to take atest. Blacks failed more than whites. SC upheld

and said proof of impact is not enough to show a

racial classification. Also prove the intent was to

discriminate on the basis of race. How should benefiting be treated? Affirmative Action

Strict Scrutiny standard Clearly est. strict scrutiny is test when govt classifies

based on raceeither invidious or benefitting

minorities

Numerical set asides require clear proof of past discrimination Croson v. Richmond

o Minority owned businesses United States v. Paradise

Educational institutions may use race as one factor inadmissions decisions to benefit minorities.

Gruter v. Bolinger (2003)


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o SC said college and universities have acompelling interest in having a diverse student

body.

Public school systems may not use race to assign students toachieve desegregation unless strict scrutiny is met.

Louisville KY, Seattle WA unconstitutional govtcannot use race unless it meets strict scrutiny.

o Gender Classifications Intermediate scrutiny

Added something onto the usual inter scrutiny Only if it can show an exceedingly persuasive

justification

How is a gender classification proven? Facially invidiousexists on the face of the law

OK - women could buy 3.2 beer at age of 18, but mennot until 21. Unconstitutional

VAonly men could attend the VMI. No exceedinglypersuasive justification.

Facially gender neutraldiscriminatory effect and intent Firefighters have to 510 and 150 what level of

scrutiny? Only rational basis review.

How should gender classifications benefitting women be treated? Intermediate scrutiny either way. Gender classifications based on role stereotypes will not be

allowed.

Some laws to benefit women, in reality perpetuatedestructive stereotypes

o E.g No Alimony or survivor benefits for men. Gender classifications benefiting designed to remedy past

discrimination or differences in opportunities will be allowed.

Wage discrimination Length of time for promotions in Navy

o Alienage Classificationslaws that discriminate against non US citizens Strict scrutiny is generally used Exceptions:


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Only a RB test used related to self govt and the democraticprocess

RB when congress discriminates Congress has plenary power to discriminate

Intermediate Scrutiny is applied for discrimination againstundocumented alien children

o Rational Basis Standard 1. Age discrimination 2. Health/Physical Disability 3. Wealth Discrimination

not a suspect class 4. Economic regulations


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bar bri con law outline

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