LAW 532-001 – Constitutional Law II
- Identify the class affected
- Also identify the class of people treated otherwise
- Determine whether the classification is suspect
- Choose the relevant standard of review
Discriminatory impact does not mean that there is a discriminatory purpose, but it is evidence thereof.
Diversity is a compelling government interest in higher education.
- Quotas are prohibited however because they are not narrowly tailored.
The U.S. Constitution does not prevent private racial discrimination, so neither state nor the federal governments have a duty to outlaw it.
States can enforce private racially restrictive covenants of the sale of property, but they do not have to.