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Chapter 06 - The Constitution
6-17
Emphasize:
How the incorporation doctrine made the protections of the Bill of Rights
applicable to individuals subject to state and local regulations.
C. Equal Protection
Emphasize:
That not every classification nor is every discrimination a violation. The law requires
invidious discrimination.
The three tests by contrasting the strict judicial scrutiny test with the minimum
rationality test and the quasi-strict scrutiny test.
Sidebar 6.13—“Same Sex Marriages”
Sidebar 6.14—“Analysis of Equal Protection”
Cases for Discussion:
1. Fitzgerald v. Racing Association of Central Iowa, 123 S.Ct. 2156 (2003).
The State of Iowa passed a law allowing slot machines to be placed on riverboats. The
proceeds from these machines were taxed at the rate of 20%. Subsequently, Iowa
permitted slot machines to be placed at race tracks. The proceeds from these machines
were taxed at a rate as high as 36%. The race tracks owners filed suit arguing that the
higher tax rate on their slot machines denied them the equal protection of laws.
Issue: Does the existence of two tax rates on similar slot machines violate the Equal
Protection Clause of the Fourteenth Amendment?
race tracks as on riverboats), the two tax rates are upheld.
2. FCC v. Beach Communications, Inc., 113 S.Ct. 2096 (1993).
The Cable Communications Policy Act requires that cable operators be franchised by
Chapter 06 - The Constitution
6-18
Issue: Does the exemption in this Act violate the equal protection clause?
Minimum Rationality
Emphasize:
That under the minimum rationality approach, a law creating different classifications
will survive an equal protection challenge if it has a rational connection to a
permissible state end.
Sidebar 6.12—“Economic Regulations and the Rational-Basis Test”
Strict Scrutiny
Emphasize:
That under the strict scrutiny test, a classification will be a denial of equal protection
unless the classification is necessary to achieve a compelling state purpose.
That the strict scrutiny test is used if the classification involves either a suspect class
or a fundamental constitutional right.
Quasi-Strict Scrutiny
Emphasize:
When quasi-strict scrutiny approaches are used.
That one reason gender has not been moved to the strict scrutiny analysis is cases
involving gender discrimination are so infrequent; states understand that unequal
protection on the basis of gender is unacceptable.
Answers to Review Questions and Problems
Basic Concepts
1. Separation of Powers
a. The horizontal aspect of separation of powers provides the checks and balances among
6-19
2. Supremacy Clause
Yes. Since there is a conflict between the federal and Florida laws, the court must decide if
3. Commerce Clause
a. The commerce clause requires analysis in the following four areas—regulation of
4. Contract Clause
a. This clause just addresses state government actions that may impair the obligation of
5. Freedom of Religion
6. Freedom of Speech
7. Freedom of the Press
6-20
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
objectionable material or activity.
b. Public persons are given less protection than enjoyed by private persons. Those in the
former group must prove that a false statement about him or her was made with malice
or an obvious disregard for the truth. A private person needs to establish only the
falsehood.
8. Right to Possess Guns
9. Due Process of Law
The Incorporation Doctrine has been used by judges and justices to make the personal
10. Equal Protection
The three levels of judicial analysis under this clause are (a) rational basis, (b) quasi-strict
scrutiny, and (c) strict scrutiny. For a complete listing of the types of cases under each
category, refer to sidebar 6.14 labeled “Analysis of Equal Protection.”
Business Discussion #1
1. Should you contest their claim?
2. What would be the result if the employees refuse to work on Sunday because of their desire
to play golf on that day?
Business Discussion #2
1. Could the mayor prohibit the work from appearing in the show?
Chapter 06 - The Constitution
6-21
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
It is highly unlikely that the mayor could prohibit the work from being displayed.
2. Why or why not? Explain your answer using the appropriate legal standard.
Whether the work in question is obscene must be determined by applying contemporary
community standards. This work does not depict offensive sexual conduct nor does it appeal
