Constitutional Law: 14th Amendment & Equal Protection

What principle does the Citizenship Clause of the 14th Amendment establish regarding birthright citizenship?

The Citizenship Clause establishes that anyone born or naturalized in the United States and subject to its jurisdiction is a citizen of the United States and of the state where they reside.

Which landmark 1873 Supreme Court case severely limited the scope of the 14th Amendment's Privileges or Immunities Clause?

The Slaughter-House Cases (1873) severely limited the Privileges or Immunities Clause by holding it only protected rights of national citizenship, not state citizenship.

What is the general rule of the State Action Doctrine under the 14th Amendment?

The State Action Doctrine dictates that the 14th Amendment's protections (like Equal Protection and Due Process) apply only to government actions, not to the conduct of private individuals or entities.

Which 14th Amendment clause prohibits states from denying any person within its jurisdiction the equal protection of the laws?

The Equal Protection Clause prohibits states from denying any person within its jurisdiction the equal protection of the laws.

What did the Supreme Court hold in Brown v. Board of Education regarding public education?

In Brown v. Board of Education, the Court held that 'separate but equal' educational facilities are inherently unequal, violating the Equal Protection Clause of the 14th Amendment.

What are the three primary tiers of scrutiny used in Equal Protection analysis?

The three primary tiers of scrutiny are strict scrutiny, intermediate scrutiny, and rational basis review.

What is the legal standard for a law to survive strict scrutiny?

To survive strict scrutiny, the government must prove that the law is narrowly tailored to achieve a compelling governmental interest and uses the least restrictive means available.

What is the legal standard for a law to survive intermediate scrutiny, and to which classifications does it typically apply?

Under intermediate scrutiny, the law must be substantially related to an important governmental objective. It typically applies to classifications based on gender and non-marital children (illegitimacy).

What is the standard of review under rational basis scrutiny?

Under rational basis review, a law is upheld if it is rationally related to a legitimate government interest. The burden of proof is on the challenger.

How did Loving v. Virginia apply the 14th Amendment to anti-miscegenation laws?

Loving v. Virginia held that anti-miscegenation laws violate both the Equal Protection Clause (by using racial classifications subject to strict scrutiny) and the Due Process Clause (by infringing on the fundamental right to marry).