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Equal Protection Clause-
- Nothing can make people equal in a literal sense.
- The democratic ideal demanded that government must treat all persons alike.
- The 14 th Amendment talks about equality with the Equal Protection Clause
Reasonable Classification-
- The government has the right to classify between persons and groups
- Government does not have the right to discriminate unreasonablely.
The rational basis test
- The test asks: Does the question bear a reasonable relationship to the achievement of some proper governmental purpose
- California law says that a man who has sexual relations with a girl under the age of 18 to whom is not married to can be prosecuted for statutory rape
- The court found the law to protect and prevent teenage pregnancies
The Strict Scrutiny test
- The court impose higher standers on cases having to do with “fundamental rights” or “suspect classification”
- An alimony case, Orr v. Orr, 1979, involved the use of the test
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Segregation in American-
- Segregation-means separation of one group from another
- Jim Crow law-laws that separate people on the basis of race
- These laws required segregation by race in the use of both public and private facilities
Separate but equal
- Separated-but-equal doctrine was crated when the Supreme Court provided a constitutional basis for Jim Crow
- This stood for nearly 60 year
Brown v. board of education
- The Supreme Court began to chip away at the separate-but-equal doctrine in 1938
- Plessey v. Ferguson was finally changed with he brown v. Board of Education of Topeka
- Integration-the process of bring a group into the mainstream of society
De jure, De facto segregation
- De jure segregation- segregation by law
- De facto Segregation-
no law require by it
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Classification by Sex-
- The only reference to sex in the constitution is in the 19 th amendment
- Court could not find any constitutional fault with a law that required men to serve juries but gave the women the option
- the court now take a very close look at cases involving claims of sex discrimination.
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