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DUMAUG: EQUAL PROTECTION CLAUSE
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DUMAUG: EQUAL PROTECTION CLAUSE

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  • 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. EQUAL PROTECTION: DEFINITION ALL PERSONS OR THINGS SIMILARLY SITUATED SHOULD BE TREATED ALIKE, BOTH AS TO RIGHTS CONFERRED AND RESPONSIBILITIES IMPOSED
  • 3. TWO SIDES OF THE SAME COINDUE PROCESS = LIBERTY - fundamental individual rightsEQUAL PROTECTION = EQUALITY - treating people the same
  • 4. TIMES WHEN GOVT. CLASSIFIES PEOPLE THE BASIC QUESTION: Is the Government classification justified?
  • 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. 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. 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. 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