Equal Protection Discussion: Issue and Rule

The state of Sand Crabs, facing the southern border of our country, has experienced an increase in crime, and a deterioration of effective policing. Most of the crime increase involves crimes of theft, robbery, burglary. Almost all have been crimes of violence without resulting arrests. Residents and businesses alike have been victimized. It has also been documented that over the years there has been an increase in illegal border crossings. Police have literally been under attack. There has been a 32% increase of officers injured during active crime deployment in the last 18 months. This has resulted in several full disability severances pf female officers. At the same time, the State Police force has experienced increased numbers of civil law suits and federal investigation attributed in a rise in the shooting of criminal suspects by a largely young officer base. Many senior officers claim that these young, limited English speaking officers lack patience when responding to crime scenes and do not understand local culture. Rising temperatures have made out-door patrols a grueling operation.

In response to these conditions, a group of state legislators are developing a bill, which will be introduced into the legislature with full hearing, to increase state police forces. It limits member of the state police force to male citizens of the United States who are over the age of 20 years and who have lived in the state for 12 months.

You are asked, using IRAC to review only  the Privileges & Immunities, Due Process/Equal Protection Constitutional issues of this proposal.

Remember:

Issues of Constitutional questions must identify the source of the violation, the state actor (defendant),  the plaintiff,  and act in question

Rule: starts with the general rule (look to the constitution as the tree trunk) followed by elements or more specific rule.  Do not name cases or mention facts.

Equal Protection Discussion: Issue and Rule Answer

Nune for all discussions there is a fact statement at the beginning of each discussion so that you know what the back story is. Because we are using F-IRAC as our process I do not always put this in my instructions, because it was introduced at the beginning. (no worries – points not taken off here) It will also help make sure that you provide complete rule statements and a complete analysis.  In a test where you are providing a consolidated F-IRAC you only need  to include a full fact statement prior to the issue. However you may also need to introduce your Application or analysis with a brief factual statement.