American Constitutionalism in Historical Perspective (packet)

Express
Implied
(1) Forbidden criteria	Equal Protection	Statute/Title VII
(2) Invidious	(1) Disproportionate impact (2) No non-racist purpose can justify	(1) Disproportionate impact (2) expunge unless can show that test is justified by job purposes

4. 
   Aggressive Equal Protection Scrutiny triggered by:
   
   1. 
      Suspect classification: when the law either expressly or impliedly uses or endorses a suspect classification. Focuses on familiar grounds for denying rights to a whole class of persons – race, ethnicity, gender.
      
   2. 
      Abridging a fundamental right: free speech, religious liberty, constitutional privacy.
      
   3. 
      Connection b/w race & religion as suspect classes: defeat of Hitler motivated discussion of race in America. Close relationship between blacks and Jews in the Civil Rights Movement. Both prejudices deepened by defeat and allows national identity to become racialized.
      
   4. 
      Race as suspect class: race hatred is irrational, wholly suspect to have this actuating politics. Reconstruction Amendments gave new power to fight the faction of race and ethnic hatred. Though important to note that only the 15^th Amend mentions race explicitly.
      
      1. 
         Gunnar Myrdal: discusses American dilemma and unfulfilled promises of equality for blacks, set the stage for Brown v. Board. Links European events w/ racial strife in US.
         
      2. 
         Dehumanization confused with nature: Supported by pseudo-science (Gould), very underpinning of the Holocaust.
         
      1.