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 does the Equal Protection Clause say?
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 is the Equal Protection Clause quizlet?
It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons . Explain why neither state governments nor the national government can deprive people of equal protection of the laws.
What is meant by the principle of equal protection?
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 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 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 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 and where is it located quizlet?
A clause in the Fourteenth Amendment that provides “No State shall... deny to any person within its jurisdiction the equal protection of the laws”.
Why is the Fourteenth Amendment important to our democracy?
The Fourteenth Amendment gives an important definition of a citizen of the United States. ... This was important because it ensured that the freed slaves were officially U.S. citizens and were awarded the rights given to U.S. citizens by the Constitution .
Which Amendment is the equal protection clause from quizlet?
Equal Protection Clause of the 14th Amendment prohibits any state from passing a law that denies to any person within its jurisdiction the equal protection of the laws.
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 does the Constitution say about equality?
The equal protection clause in the 14th Amendment means that states must treat all their citizens equally . States can't favor men over women, whites over blacks, or heterosexuals over gays.
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 Equal Protection Clause apply to?
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.
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 .
