University:
Bradley University
Course:
PLW 101 | Introduction to the Legal Profession
Academic year:

2020
Views:

34

Pages:

9
Author:

Gudrunecg9m

Equality Before the Law Chapter 21 Section 2 Equal Protection Clause • Found in 14th amendment • Originally intended for newly freed slaves • Govt. can’t draw distinction between classes of persons Reasonable Classification • States can discriminate (reasonably) • Ex: taxing cigarettes (smokers) but not blonde smokers Supreme Court Decides • S.C. decides what’s reasonable by: • Rational Basis Test – Does the classification in question bear a reasonable relationship to the achievement of some governmental purpose? • Strict Scrutiny Test – 1. Deals with “fundamental rights” and 2. Deals with “suspect classifications” i.e. race, sex, or national origin – States must show a “compelling governmental interest” Segregation in America • Jim Crow laws- required segregation in schools, parks, restaurants etc. • Separate but equal- Plessy v. Fergueson: Can separate as along as accommodations are equal to whites60 years • Brown v. Board of Education 1954reversed Plessy v. Ferguson • S.C held that segregation by race in public education is unconstitutional • In South “massive resistance” Types of Segregation • De jure – by law- abolished today • De facto- by fact- usually caused by housing patterns Classification by Sex Women have always been viewed “weaker sex” Sex-based distinctions unconstitutional Exceptions: Florida law-giving extra property taxes to widows and not widowers • Alabama law forbidding women to be prison guards in all male jails • Only men register for draft

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