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 does it mean to treat citizens equal under the law?
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. ... The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase “Equal Justice Under Law”.
Is everyone treated equally under the law?
Thus, everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination or bias.
What is meant by equal protection of law?
It means that law does not discriminate on the basis of birth, position, gender or other personal attributes. Thus, privileged, underprivileged and unprivileged are equal before law. Equal protection of law means that law provides equal opportunities to all those who are in similar circumstances or situations .
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.
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 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 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 ...
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 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.
Why do we need equal protection of the law?
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 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 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 does the 4th Amendment protect against?
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
What falls under intermediate scrutiny?
Intermediate scrutiny is a test courts will use to determine a statute’s constitutionality . ... To pass intermediate scrutiny, the challenged law must: further an important government interest. and must do so by means that are substantially related to that interest.
What does the 15th Amendment Protect?
The amendment reads, “ The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” The 15th Amendment guaranteed African-American men the right to vote.
