The Fourteenth Amendment’s Equal Protection Clause requires states to practice equal protection . Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.
What is the Equal Protection Clause simple?
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 the Equal Protection Clause and what does it guarantee?
Equal protection, in United States law, the constitutional guarantee that no person or group will be denied the protection under the law that is enjoyed by similar persons or groups . In other words, persons similarly situated must be similarly treated.
How does the equal opportunity clause protect Americans?
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 is an example of Equal Protection Clause?
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 are the 3 clauses of the 14th Amendment?
The amendment’s first section includes several clauses: the Citizenship Clause
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.
Who does the equal protection clause protect?
In addition, the Fourteenth Amendment contains the equal protection clause. This mandates that no state shall... “deny to any person within its jurisdiction the equal protection of the laws.” This clause has proved to be central in ending and preventing government discrimination based on race and gender .
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 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 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)
Who does the 14th Amendment apply to?
Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons “born or naturalized in the United States ,” including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...
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 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 rights does the 14th Amendment Protect?
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws .
What are the 5 clauses of the 14th Amendment?
Citizenship Rights, Equal Protection, Apportionment, Civil War Debt .
