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Discuss the Equal Protection Clause and describe the different levels of judicial scrutiny given to government...

Discuss the Equal Protection Clause and describe the different levels of judicial scrutiny given to government classifications based on race, gender and age. How might the Equal Protection clause impact a business?

Expert Solution

The Equal Protection Clause, a section of the Fourteenth Amendment to the United States Constitution, gives that "no state will deny to any individual inside its jurisdiction. Its viewed as an endeavor to make sure about the guarantee of the United States' professed pledge to the suggestion that " all men are made equal" by enabling the judiciary to uphold that guideline against the states.

Levels of Scrutiny

1. STRICT SCRUTINY

Classifications:

1. Race

2. National Origin

3. Religion

4. Alienage (except if the classification falls inside a perceived "political network" special case, in which case just normal premise scrutiny will be applied).

B. Fundamental Rights

1. Dilution of the Vote

2. Interstate Migration

3. Access to the Courts

4. Different Rights Recognized as Fundamental

2. Mid TIER SCRUTINY (The legislature must show that the tested classification serves a significant state intrigue and that the classification is at any rate considerably identified with serving that intrigue.):

Quasi-Suspect Classifications:

1. Gender

2. Wrongness

3. MINIMUM (OR RATIONAL BASIS) SCRUTINY (The govenment need just show that the tested classification is objectively identified with serving a genuine state intrigue.)

Minimum scrutiny applies to all classifications other than those recorded above, albeit some Supreme Court cases recommend marginally nearer scrutiny ("a second-request levelheaded premise test") including some weighing of the state's advantage might be applied in cases, for instance, including classifications that detriment intellectually hindered individuals or honest children of expatriates, homosexuals.

Impact on business

It's not as much applied to private business. In the event that a private individual happens to possess a business that has any effect on interstate trade, at that point the business must comply. The individual, notwithstanding, is without still to shut down his business and live under an extension.

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keosha answered 3 months ago

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