American Constitutionalism in Historical Perspective (packet)

Age: pp. 823-24 upheld laws based on age, not a suspect class. (Mass. Bd of Retirement v. Murgia, 1976). The court has found that age can be used as a proxy for competence in certain jobs. Crudely correlated w/ rational distinction and no history of irrational prejudice.

Poverty: pp. 824-25 the court has refused to declare poverty a suspect class. Only suspect when in connection w/ voting (poll tax). The court is not an agent for economic regulation. 2 arguments: fundamental rts case when income is below set amount, or suspect class. Both denied.

1. 
   Immutable: d/n apply here, there is class mobility. If this were an entrenched class system may view this differently.
   
2. 
   Salient: not necessarily.
   
3. 
   History of prejudice: still present, but court reluctant to step into economic realm.
   
4. 
   Irrelevant to legitimate state purpose: may be once fall below a minimal subsistence level. (Rodriguez) Michelman: Not suspectness argument but argument of fund rt to eco min.
   
5. 
   Powerless minority: have been less able to organize; low voting rate. Women b/c live w/ men, poor, gays/lesbians b/c of closet have difficulty organizing. So ct should give more wt to their voice (Beyond Carolene Products) Much of political power comes from money. But experience of ghettoization led race/religious minorities to have political solidarity.
   

Sexual Orientation:

1. 
   Romer v. Evans, 1996:p.825 suggested that gay rts are const rts. Court strikes down amendment to Colorado constitution that prevented legislation giving rights to homosexuals using rational basis analysis but looking more closely. Legislation targeted a politically active human rts movement and denies them legal rts. C’ve argued this as voting rt case b/c targeting a group and limiting their political influence. But gays/lesbians could secure repeal of amendment w/ voting rts process and thus w/n be deprived of voting rts. Begins opinion citing Harlan dissent in Plessy. Thinks that there is analogy b/c constructing a group of outsiders into a diff that never existed (American tradition).
   
   1. 
      Alleged purposes d/n match w/ what they are doing here, irrational basis for law since disprop impact. Like Reed, strikes down law under rational basis but later admits to intermed scrutiny.
      
   2.