DUMAUG: EQUAL PROTECTION CLAUSE

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DUMAUG: EQUAL PROTECTION CLAUSE

  1. 1. ARTICLE 3. BILL OF RIGHTS1) DUE PROCESS2) EQUAL PROTECTION3) FREEDOM FROM UNWARRANTED SEARCHES AND SEIZURES4) PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE5) FREEDOM OF EXPRESSION6) FREEDOM OF RELIGION
  2. 2. EQUAL PROTECTION: DEFINITION ALL PERSONS OR THINGS SIMILARLY SITUATED SHOULD BE TREATED ALIKE, BOTH AS TO RIGHTS CONFERRED AND RESPONSIBILITIES IMPOSED
  3. 3. TWO SIDES OF THE SAME COINDUE PROCESS = LIBERTY - fundamental individual rightsEQUAL PROTECTION = EQUALITY - treating people the same
  4. 4. TIMES WHEN GOVT. CLASSIFIES PEOPLE THE BASIC QUESTION: Is the Government classification justified?
  5. 5. VALID CLASSIFICATIONREQUISITES:1. SUBSTANTIAL DISTINCTION2. GERMANE TO THE PURPOSE OF THE LAW3. NOT LIMITED TO EXISTING CONDITIONS ONLY4. MUST APPLY EQUALLY TO ALL MEMBERS OF THE SAME CLASS
  6. 6. VALID CLASSIFICATIONREQUISITES:1. SUBSTANTIAL DISTINCTION2. GERMANE TO THE PURPOSE OF THE LAW3. NOT LIMITED TO EXISTING CONDITIONS ONLY4. MUST APPLY EQUALLY TO ALL MEMBERS OF THE SAME CLASS
  7. 7. VALID CLASSIFICATIONREQUISITES:1. SUBSTANTIAL DISTINCTION2. GERMANE TO THE PURPOSE OF THE LAW3. NOT LIMITED TO EXISTING CONDITIONS ONLY4. MUST APPLY EQUALLY TO ALL MEMBERS OF THE SAME CLASS
  8. 8. VALID CLASSIFICATIONREQUISITES:1. SUBSTANTIAL DISTINCTION2. GERMANE TO THE PURPOSE OF THE LAW3. NOT LIMITED TO EXISTING CONDITIONS ONLY4. MUST APPLY EQUALLY TO ALL MEMBERS OF THE SAME CLASS

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