Search results
People also ask
What is the Equal Protection Clause?
What is equal protection?
What does the constitution say about equal protection?
Does the Equal Protection Clause apply to state and local governments?
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.
- The first step is to identify the classification that a government action creates. Sometimes, a classification appears on the face of a government...
- Once the classification is identified, the next step is to identify what level of scrutiny is to be applied. The Supreme Court has made it clear th...
- An individual does not need to identify as a member of a class or a group to be entitled to equal protection. For the purposes of equal protection...
- Affirmative action finds its roots in judicial remedies against segregated schools following Brown v. Board of Education, 347 U.S. 483 (1954). Foll...
- Equal protection clause forbids states from engaging in “racial gerrymandering.” Racial gerrymandering occurs when a state relies on race to draw u...
The Equal Protection Clause is located at the end of Section 1 of the Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
The Equal Protection Clause’s duality is evidenced by the fact that the Framers of the Fourteenth Amendment adopted all manners of race-conscious measures specifically for black Americans: the Freedman’s Bureau, schools, hospitals, banks, and land.
May 1, 2024 · 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.
- The Editors of Encyclopaedia Britannica
- All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
- Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.
- No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
- The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
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.
Jun 22, 2023 · The Equal Protection Clause initially was intended to prevent government discrimination against African-Americans in the wake of the Civil War. Perhaps its most famous application occurred in the 1954 Supreme Court decision in Brown v. Board of Education, which struck down school segregation.
