Abstract

http://ssrn.com/abstract=1546666
 
 

Footnotes (98)



 


 



The Poor as a Suspect Class Under the Equal Protection Clause: An Open Constitutional Question


Henry Rose


Loyola University Chicago School of Law

January 29, 2010

Nova Law Review, Forthcoming
Loyola University Chicago School of Law, Public Law & Legal Theory Research Paper No. 2009-0021

Abstract:     
Both judges and legal scholars assert that the United States Supreme Court has held that the poor are neither a quasi-suspect nor a suspect class under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. They further assert that this issue was decided by the Supreme Court in San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973).

It is the thesis of this article that the Supreme Court has not yet decided whether the poor are a quasi-suspect or a suspect class under Equal Protection. In fact, the majority in San Antonio Independent School District v. Rodriquez found that the case involved no discrete discrimination against the poor. Whether the poor should constitute a quasi-suspect or suspect class under Equal Protection remains an open constitutional question.

Number of Pages in PDF File: 19

Keywords: Equal Protection Clause, Poor as a Suspect Class, Poverty Law, Fourteenth Amendment and the Poor, Constitutional Law

JEL Classification: I30, J78, K10, K19

working papers series


Download This Paper

Date posted: February 19, 2010  

Suggested Citation

Rose, Henry, The Poor as a Suspect Class Under the Equal Protection Clause: An Open Constitutional Question (January 29, 2010). Nova Law Review, Forthcoming; Loyola University Chicago School of Law, Public Law & Legal Theory Research Paper No. 2009-0021. Available at SSRN: http://ssrn.com/abstract=1546666 or http://dx.doi.org/10.2139/ssrn.1546666

Contact Information

Henry Rose (Contact Author)
Loyola University Chicago School of Law ( email )
25 E. Pearson
Chicago, IL 60611
United States

Feedback to SSRN


Paper statistics
Abstract Views: 1,314
Downloads: 235
Download Rank: 73,580
Footnotes:  98

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.235 seconds