What are the three tests under the Equal Protection Clause?
Equal Protection Analysis
After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body’s action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny.
What is the test for Equal Protection Clause?
For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.
Does the Georgia Constitution have an Equal Protection Clause?
Protection to person and property; equal protection.
Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws.
What is Article 11 of the Georgia Constitution?
All laws in force and effect on June 30, 1983, not inconsistent with this Constitution shall remain in force and effect; but such laws may be amended or repealed and shall be subject to judicial decision as to their validity when passed and to any limitations imposed by their own terms.
Which tests do the courts apply to determine when unequal treatment is legal?
Which tests do the courts apply to determine when unequal treatment is legal? Strict scrutiny test, heightened scrutiny test, and ordinary scrutiny test.
What is the strict scrutiny test?
Under strict scrutiny, the government must show that there is a compelling, or very strong, interest in the law, and that the law is either very narrowly tailored or is the least speech restrictive means available to the government.
What is the reasonable basis test?
Reasonable Basis Test – this test takes court decisions, IRS rulings, past IRS audits, and longstanding industry practices into account. Alternatively, one may show through emissions testing that there is a reasonable basis for an engine switch under Reasonable Basis D (Emissions Testing), below.
What violates the equal protection clause?
A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The clause is not intended to provide equality among individuals or classes but only equal application of the law.
How do the Ga and US Constitution differ?
Differences include: Georgia’s Constitution is longer in length due to the specific, detailed policies. Georgia voters must approve any amendments to the constitution while there is no comparable role for amending the U. S. Constitution.
What is Article 9 of the Georgia Constitution?
Each county shall be a body corporate and politic with such governing authority and with such powers and limitations as are provided in this Constitution and as provided by law. The governing authorities of the several counties shall remain as prescribed by law on June 30, 1983, until otherwise provided by law.
What is the function of Article III of the Georgia Constitution?
Article III describes the structure of powers given to the General Assembly (Senate and House of Representatives). It not only outlines the functions of the two houses of the General Assembly, but also explains how bills are passed into laws.
What are the requirements for equal protection?
The Equal Protection Clause requires states to treat their citizens equally, and advocates have used it to combat discriminatory laws, policies, and government actions.
Which equal protection test is applied to cases based on gender and legitimacy?
Intermediate scrutiny is used when a classification is based on gender or status as a non-marital child (legitimacy).
What are the 3 levels of scrutiny?
Rational Basis Test Comparison
There are three judicial review tests: the rational basis test, the intermediate scrutiny test, and the strict scrutiny test. The intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test.
What 3 things must the government show for a law to be constitutional under strict scrutiny?
What is the rational basis test used to determine?
A test used to determine whether a law or governmental regulation or action violates the equal protection clause. The rational basis test is used in most circumstances, such as reviewing economic regulations.
Who does the rational basis test protect?
The rational basis test prohibits the government from imposing restrictions on liberty that are irrational or arbitrary, or drawing distinctions between persons in a manner that serves no constitutionally legitimate end.
How do courts determine whether the government violates the Equal Protection Clause?
To prove an equal-protection claim based on uneven enforcement of a law, the plaintiffs must show (1) that the government official is treating them differently from similarly situated persons, and (2) that the government is unequally applying the laws (e.g., statutes, regulations, ordinances) for the purpose of …
What two ways are the GA and U.S. Constitution similar?
Similarities include: Each constitution contains a bill of rights. Each adopts the concept of separation of powers with specific legislative, executive and judicial branches. Executive leaders have power to appoint officials and veto bills.
How is the GA constitution similar to the U.S. Constitution?
The Georgia Constitution is similar to the US Constitution because it includes a system of checks & balances, separation of powers, a bicameral legislature, and a bill of rights.
What is the title of Article II of the Georgia Constitution?
Article Two of the Georgia State Constitution describes the process for voting and elections in Georgia. This process includes the method of voting and the right to register and vote, general provisions and the suspension and removal of public officials.
What is the function of Article II of the Georgia Constitution?
What is the function of Article VI of the Georgia Constitution?
Article VI establishes the state court system. It outlines the court system and gives the purposes and limits of Georgia’s seven types of courts: magistrate, probate, juvenile, state, superior, Court of Appeals, and Supreme Court.
Can a person be denied equal protection of the law?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Which of the following is the most frequently used standard test in equal protection cases?
EXAM NOTE: The right to travel and the right to vote are the most frequently tested fundamental rights in the area of equal protection.