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.
Does the Equal Protection Clause apply to the federal government?
While the Equal Protection Clause itself applies only to state and local governments , the Supreme Court held in Bolling v. Sharpe (1954) that the Due Process Clause of the Fifth Amendment nonetheless imposes various equal protection requirements on the federal government via reverse incorporation.
What does equal protection require?
The Equal Protection Clause requires states to treat their citizens equally , and advocates have used it to combat discriminatory laws, policies, and government actions.
How is the Equal Protection Clause applies today?
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 valid classification to reasonable in the guaranty of the Equal Protection Clause?
The Equal Protection Clause of the 14th Amendment prohibits states from denying any person within its jurisdiction the equal protection of the law . In other words, the laws of a state must treat an individual in the same manner as other people 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 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
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 is the equal protection clause in simple terms?
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 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 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.
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 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)
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 ...
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 ...
