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No. Age is not a suspect classification for purposes of equal protection analysis. It is subject to rational-basis analysis only. This is why laws such as mini
by torstenvl 4y ago
No.
Age is not a suspect classification for purposes of equal protection analysis. It is subject to rational-basis analysis only. This is why laws such as minimum drinking age are Constitutional. There is clearly a rational basis for ensuring the leadership of the country is of a certain (proxy for) maturity.
The Civil Rights Act has no bearing on this question, as the Office of the President of the United States is not a place of public accommodation. Additionally, the Civil Rights Act has nothing to do with the Fourteenth Amendment, but sounds in Congress' commerce power.
Your argument is not quite as weak with regard to national origin; however, courts have rejected your argument on numerous occasions, both because there isn't a "positive repugnancy" between the two provisions that would justify Constitutional repeal by implication, and because equal protection with regard to generalized rights and privileges does not have any bearing on eligibility for a specific office.