POS 1041 Lecture Notes - Lecture 5: Strict Scrutiny, Intermediate Scrutiny, Fourteenth Amendment To The United States Constitution

• School: SCFMS, SCF
• Department: Political Science
• Course: POS 1041
• Professor: Daniel Fuerstman

Document Summary

Civil rights - come out of the equal protections clause of the 14th amendment. Used to only apply to the state government and not private discrimination. Segregation was fine as long as the state provided equality through accommodations. Comes from the separate but equal doctrine. Protected classes - culturally, ethically, or racially distinct group that coexists but is subordinate. Supreme court looks at these cases closely in order to protect them, as they do not have the power to protect themselves vs the majority. A different level of scrutiny is applied to these cases (strict scrutiny), but there r others. Intermediate scrutiny - the middle level of court scrutiny. Not as impossible for the govt. as strict, but not as easy as rational. Rational basis - the lowest level of court scrutiny. Allows the govt. to give a rational reason for its actions. Brown vs board of education - the most important case bc it dealt w/ public schools.