Equal Protection refers to the
idea that a governmental body may not deny people equal protection of its governing laws
. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
What is an example of equal protection?
For example, a
state may not prohibit inter-racial marriages
, or deny child custody to a couple because they are of different races. Also, as mentioned above, any laws requiring segregation of the races will be held unconstitutional.
What is the Equal Protection Clause in simple terms?
Legal Definition of equal protection clause
: the clause in the Fourteenth Amendment to the U.S. Constitution that
prohibits any state from denying to any person within its jurisdiction the equal protection of the laws
.
What is the meaning of equal protection of law?
equal protection of the law. n.
the right of all persons to have the same access to the law and courts and to be treated equally by the law and courts
, both in procedures and in the substance of the law.
What is protected under the Equal Protection Clause?
The clause, which took effect in 1868, provides “
nor shall any State … deny to any person within its jurisdiction the equal protection of the laws
“. It mandates that individuals in similar situations be treated equally by the law.
What are the 3 levels of scrutiny?
Then the choice between the three levels of scrutiny,
strict scrutiny, intermediate scrutiny, or rational basis scrutiny
, is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
What is the difference between due process and equal protection?
Substantive due process protects
criminal defendants from unreasonable government intrusion on their substantive constitutional rights
. … The equal protection clause prevents the state government from enacting criminal laws that arbitrarily discriminate.
What 3 things did the 14th amendment do?
The 14th Amendment to the U.S. Constitution, ratified in 1868,
granted citizenship to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens “equal protection of the laws
.” One of three amendments passed during the Reconstruction era to abolish slavery and …
What are the most important Supreme Court cases?
- Marbury v. Madison (1803) …
- McCulloch v. Maryland (1819) …
- Gibbons v. Ogden (1824) …
- Dred Scott v. Sandford (1857) …
- Schenck v. United States (1919) …
- Brown v. Board of Education (1954) …
- Gideon v. Wainwright (1963) …
- Miranda v. Arizona (1966)
How can the 14th Amendment be violated?
Washington , the U.S. Supreme Court rules that the due process clause of the 14th Amendment (which guarantees the right to a fair hearing that follows the rules) is violated
when a state law fails to explain exactly what conduct is prohibited
.
What is the purpose of equal protection?
U.S. Constitution
Equal protection
forces a state to govern impartially
—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights.
What are the two types of due process?
Due process under the Fifth and Fourteenth Amendments can be broken down into two categories:
procedural due process and substantive due process
. Procedural due process, based on principles of fundamental fairness, addresses which legal procedures are required to be followed in state proceedings.
What is the rights to equality?
The Right to equality means
the absence of legal discrimination only on grounds of caste, race, religion, sex, and place of birth
and ensures equal rights to all citizens. It is considered basic feature of the Indian Constitution. The Right to equality is both a positive equality as well as a negative right.
What is the Equal Protection Clause What three tests are associated with discrimination in law?
Three tests associated with discrimination include
the reasonable-basis test, strict-scrutiny test, and suspect classifications
. The reasonable-basis test when applied by courts permits unequal treatment for certain laws.
What is the 14th Amendment Section 3 in simple terms?
Amendment XIV, Section 3
prohibits any person who had gone to war against the union or given aid and comfort to the nation’s enemies from
running for federal or state office, unless Congress by a two-thirds vote specifically permitted it.
What are the elements of an equal protection claim?
To prove an equal-protection claim based on uneven enforcement of a law,
the plaintiffs must show (1) that the government official is treating them differently from similarly situated persons
, and (2) that the government is unequally applying the laws (e.g., statutes, regulations, ordinances) for the purpose of …
