Suspect Classifications. Laws that categorize based on race, ethnicity, national origin, or (in some cases) alienage are considered suspect and therefore require closer judicial examination. Such laws are subject to strict scrutiny and are invalid unless they are necessary to achieve a compelling governmental interest
What are suspect classifications quizlet?
Suspect classification refers to a characteristic used in applying a law , which a court will review subject to a strict scrutiny standard. A classification is called suspect because it is likely to be based on illegal discrimination.
What is meant by suspect classification?
Definition. Suspect classification refers to a class of individuals that have been historically subject to discrimination .
Why is suspect classification important?
These classes receive closer scrutiny by courts when an Equal Protection claim alleging unconstitutional discrimination is asserted against a law, regulation, or other government action, or sometimes private action.
What level of scrutiny is required for a suspect class quizlet?
Strict scrutiny applies when a suspect class is discriminated.
Is age a suspect classification?
The Supreme Court has not recognized age and gender as suspect classifications , though some lower courts treat gender as a suspect or quasi-suspect classification.
What are the 3 levels of scrutiny?
Then the choice between the three levels of scrutiny, strict scrutiny, intermediate scrutiny, or rational basis scrutiny , is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
What is quasi suspect classification?
Quasi-suspect classification is a statutory classification established on gender or legitimacy . ... For example, a law permitting alimony for women and a law providing for an all male draft are quasi-suspect classification.
What was segregation quizlet?
Segregation is when whites and blacks are forced to be separated . Wherever you went, restaurants, bathrooms, movie theaters, etc. were segregated. ... Integration is an act to bring together blacks and whites, segregation is an act to separate blacks and whites.
Which of the following characteristics does the practice of strict scrutiny measure?
To pass 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. Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination.
Is mental illness a suspect classification?
Justice Souter noted respondent Doe’s arguments that the ADA “amounts to an exercise of Congress’s power under § 5 of the Fourteenth Amendment to secure the guarantees of the Equal Protection Clause to the disabled” and that “all individuals with disabilities, including individuals with mental retardation should be ...
Is wealth a suspect classification?
The Court in Rodriguez never declared that wealth was not a suspect classification . ... The Court disagreed, but not because it determined that wealth was not a suspect classification. Instead, the Court explained that the school financing system did not actually classify on the basis of wealth.
What is non suspect classification?
age, handicap, wealth, rational, legitimate, rationally. A non suspect classification is any statutory classification that is NOT a suspect or quasi-suspect classification .
What are the three levels of scrutiny quizlet?
- Rational Basis.
- Intermediate Scrutiny.
- Strict Scrutiny.
What is the strict scrutiny test quizlet?
Strict scrutiny applies to classifications based on race, alienage, and national origin . Such laws will be presumptively invalid, absent a showing by the state that the measure is necessary to achieve a compelling state interest.
What is strict scrutiny quizlet?
strict scrutiny. a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.
