what amendments gives you equal treatment of the law

Which amendment gave equal protection under the law?

• Unit 7 cont. (Chapter 5)
• SLO Review
• Federalism

What amendment guarantees all citizens equal treatment?

What are the disadvantages of human rights?

• Legislation alone does not reduce discrimination/discrimination still exists – need to work harder at changing attitudes.
• More emphasis within education, advertising, media etc to improve role models and reduce stereotypes.
• Difficult to police the amount of discrimination/hard to prove.

Is it finally time to pass the Equal Rights Amendment?

When the Senate started the process for states to ratify the amendment in 1972, it set a deadline to collect the necessary 38 states. That deadline passed in 1982, 37 years ago. However, activists believe that once 38 states have ratified the amendment, that will open a number of possible paths to finalizing the process.

What amendment does equal rights fall under?

• Nebraska (March 15, 1973: Legislative Resolution No. 9)
• Tennessee (April 23, 1974: Senate Joint Resolution No. 29)
• Idaho (February 8, 1977: House Concurrent Resolution No. 10)
• Kentucky (March 17, 1978: House [Joint] Resolution No. 20)
• South Dakota (March 5, 1979: Senate Resolution No. 2)
• North Dakota (March 19, 2021: Senate Concurrent Resolution No. 4010)

What does the 14 amendments 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.

Is there an Amendment for equality?

The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex.

What does the 15th Amendment say?

FIFTEENTH AMENDMENT 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 ser- vitude.

Did the 14th Amendment give equal rights?

When the 14th Amendment passed in 1868, it was intended to give former slaves equal protection and voting rights under the law; it was not meant to protect women. In fact, it specified equality for male slaves, female slaves were excluded as were all women, regardless of race.

What is the 26th amendment?

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

What is the 14th Amendment in simple terms?

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 did the 17th amendment do?

Passed by Congress on May 13, 1912, and ratified on April 8, 1913, the 17th Amendment modified Article I, Section 3, of the Constitution by allowing voters to cast direct votes for U.S. senators. Prior to its passage, senators were chosen by state legislatures.

What is the 16th Amendment do?

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

What are the 13 14 and 15 amendments?

The Reconstruction Amendments, or the Civil War Amendments, are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, adopted between 1865 and 1870. The amendments were a part of the implementation of the Reconstruction of the American South which occurred after the war.

What did 15th Amendment do?

Passed by Congress February 26, 1869, and ratified February 3, 1870, the 15th Amendment granted African American men the right to vote.

What did the 13th amendment do?

Passed by Congress on January 31, 1865, and ratified on December 6, 1865, the 13th Amendment abolished slavery in the United States.

Why is 15th Amendment important?

The Fifteenth Amendment would guarantee protection against racial discrimination in voting. Many women's rights activists objected to the proposed amendment because the protections would only apply to men. Still, enough states approved the Fifteenth Amendment that it was adopted in 1870.

Why is the Equal Rights Amendment important?

Adopting the long-overdue Equal Rights Amendment could help bolster existing statutory protections under attack, making it a key element in the fight for gender equality.

What is the meaning of equality?

Equality means elevating the oppressed to enjoy the same rights and protections as the most privileged. This includes the freedom to make choices about one’s own body. Foundational rulings protecting reproductive autonomy—including in cases such as Roe v. Wade, which affirmed the constitutional right to access abortion care, as well as Griswold v. Connecticut, Lawrence v. Texas, and Planned Parenthood v. Casey —have made clear that reproductive autonomy is central to people’s abilities to participate equally in society. 19 The ERA could further buttress these existing constitutional protections and help guard against the growing onslaught of attempts to restrict access to reproductive health care including abortion and contraception. For example, state courts in Connecticut and New Mexico have found that laws prohibiting Medicaid coverage of medically necessary abortions violate the ERA-type language in their state constitutions. 20

What is the importance of ratifying the ERA?

In addition, ratifying the ERA could ensure that these and future protections are as strong as possible for survivors seeking justice in court. When VAWA was first passed, it included a provision that would have allowed survivors to sue their attackers in federal court for damages or other relief. A divided Supreme Court later struck down the provision, ruling that it exceeded Congress’ authority to regulate conduct that did not constitute interstate commerce. 12 Ratifying the ERA could pave the way to reexamine and restore this important provision, by bolstering arguments in support of Congress’ constitutional authority and thus giving more than 50 million survivors an additional pathway to justice. 13

What is Equal Means Equal v. Ferriero?

Plaintiffs argue that Congress cannot set ratification deadlines, given that the power is not explicitly mentioned in Article 5 of the Constitution and that ratification deadlines illegally restrict states’ rights.

How long has the Pregnancy Discrimination Act been in effect?

The Pregnancy Discrimination Act (PDA) was enacted more than 40 years ago, and while it has enabled more people to continue working—and for longer—while pregnant, it has not ended pregnancy discrimination all together. 17 This is in part due to courts interpreting protections under the PDA too narrowly, often ignoring the discriminatory effects of employer practices—such as limits on the availability of light-duty work options—that result in leaving many pregnant people without access to necessary accommodations. 18 The ERA could provide additional reasoning, grounded in constitutional protections, to challenge policies that effectively exclude individuals seeking pregnancy accommodations from the protection of the law, as well as to ensure equitable treatment and better conditions for pregnant workers.

Who brought the Equal Rights Amendment to the House?

On August 10, 1970, Michigan Democrat Martha Griffiths successfully brought the Equal Rights Amendment to the House floor, after 15 years of the joint resolution languishing in the House Judiciary Committee.

Which states have sued to prevent the ratification of the Equal Rights Amendment?

Alabama lawsuit to opposing ratification. On December 16, 2019, the states of Alabama, Louisiana and South Dakota sued to prevent further ratifying of the Equal Rights Amendment. Alabama Attorney General Steve Marshall stated, "The people had seven years to consider the ERA, and they rejected it.

How many states have equal rights?

Twenty-five states have adopted constitutions or constitutional amendments providing that equal rights under the law shall not be denied because of sex. Most of these provisions mirror the broad language of the ERA, while the wording in others resembles the Equal Protection Clause of the Fourteenth Amendment. The 1879 Constitution of California contains the earliest state equal rights provision on record. Narrowly written, it limits the equal rights conferred to "entering or pursuing a business, profession, vocation, or employment". Near the end of the 19th century two more states, Wyoming (1890) and Utah (1896), included equal rights provisions in their constitutions. These provisions were broadly written to ensure political and civil equality between women and men. Several states crafted and adopted their own equal rights amendments during the 1970s and 1980s, while the ERA was before the states, or afterward.

What is the ERA amendment?

(April 2021) The Equal Rights Amendment ( ERA) is a proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex.

When was the ERA ratified?

Ratifications. On March 22, 1972 , the ERA was placed before the state legislatures, with a seven-year deadline to acquire ratification by three-fourths (38) of the state legislatures. A majority of states ratified the proposed constitutional amendment within a year.

When was the 19th amendment passed?

Alice Paul toasting (with grape juice) the passage of the Nineteenth Amendment, August 26, 1920. On September 25, 1921, the National Woman's Party announced its plans to campaign for an amendment to the U.S. Constitution to guarantee women equal rights with men. The text of the proposed amendment read: Section 1.

Who supported the ERA?

Presidential candidate John F. Kennedy announced his support of the ERA in an October 21, 1960, letter to the chairman of the National Woman's Party. When Kennedy was elected, he made Esther Peterson the highest-ranking woman in his administration as an assistant secretary of labor. Peterson publicly opposed the Equal Rights Amendment based on her belief that it would weaken protective labor legislation. Peterson referred to the National Woman's Party members, most of them veteran suffragists and preferred the "specific bills for specific ills" approach to equal rights. Ultimately, Kennedy's ties to labor unions meant that he and his administration did not support the ERA.

Which amendment gives the right to take a matter to court and trial by jury?

The 7th amendment gives the right for any claimant to take a matter to court and trial by jury when the value in question exceeds $20.

Which amendment gives the clarification that US citizens have far more rights than those currently listed?

The 9th amendment gives the clarification that US citizens have far more rights than those currently listed and that their absence doesn’t diminish their importance.

How many constitutional amendments are there?

The following is a list of the 27 Constitutional Amendments. 25 of these constitutional amendments are currently active. The two amendments of the constitution that are inactive are the 18th Amendment (Prohibition) and the 21st Amendment (Repeal of Prohibition).

What amendment says the Vice President will take over the presidency if the President is removed from office?

The 25th amendment says that the Vice President will take the office and take over the role of President if the President is removed from office, resigns, or dies. This was proposed in 1965 after Lyndon Johnson took over the Presidency following the assassination of John F. Kennedy.

How many amendments have been rejected?

The above 27 amendments are those amendments that have made it part of the US Constitution. There are approximately 10,000 amendments that have been rejected and never ratified.

What is the 1st amendment?

The 1st amendment is about Freedom of speech. The notion that the government will not interfere with the ability of the people, the press, or religious groups to express their views or to protest in favor of them.

Which amendment lays out the terms for electing senators?

The 17th amendment lays out the terms for electing Senators. This gave power to the people of the US to choose their representative and laid out the terms of office.

What is the Equal Rights Amendment?

Amendment. The Equal Rights Amendment is a proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex. It seeks to end the legal distinctions between men and women in terms of divorce, property, employment, and other matters.

When was the time limit removed from the Equal Rights Amendment?

REMOVING THE TIME LIMIT. When the 117th U.S. Congress convened in full for the first time on Thursday, January 21, 2021 resolutions with bipartisan support were introduced to remove the time limit placed upon the Equal Rights Amendment in 1972. On Wednesday, March 17, 2021, the U.S. House of Representatives voted to remove ...

When did the time limit for the House of Representatives end?

On Wednesday, March 17, 2021, the U.S. House of Representatives voted to remove the time limit with a vote of 222-204 on HJ Res 17. Attention now turns to the U.S. Senate and moving SJ Res 1 to the floor for a vote. Click HERE to learn more.

Which amendments are the most important?

Of these first 10 amendments, the First Amendment is arguably the most famous and most important. It states that Congress can pass no law that encroaches on an American freedom of religion, freedom of speech, freedom of the press, freedom to assemble and freedom to petition the government.

Which amendment gives the right to a jury trial?

Considered one of the most straightforward amendments in the Bill or Rights, the Seventh Amendment extends the right to a jury trial to federal civil cases such as automobile accidents, property disputes, breach of contract, and discrimination lawsuits.

How long did it take for the 20th amendment to be ratified?

Before ratification of the 20th Amendment, 13 months had passed between the election of a new Congress and the time it held its first meeting. The amendment shortened this “lame-duck” period by specifying that regular terms for members of the Senate and House of Representatives begin on January 3 of the year following their election. It also moved up the inauguration of the president by six weeks, moving it to January 20. The 20th Amendment was quickly proposed, passed and ratified during the Great Depression, when many people regretted that Franklin D. Roosevelt had to wait four months to succeed the unpopular Herbert Hoover.

Why did the Civil Rights Movement abolish poll taxes?

Though only five states still had such taxes in place by 1964, supporters of the civil rights movement saw their abolition as an important objective in combating racism and discrimination against Black Americans. The 24th Amendment applied only to federal elections, and after its ratification several southern states tried to maintain poll taxes for separately held state elections. In Harper v. Virginia Board of Elections (1966), the Supreme Court deemed such taxes a violation of the 14th Amendment’s equal protection clause.

How many amendments have been made to the Constitution?

Since the Constitution was ratified in 1789, hundreds of thousands of bills have been introduced attempting to amend it. But only 27 amendments to the U.S. Constitution have been ratified, out of 33 passed by Congress and sent to the states. Under Article V, states also have the option of petitioning Congress to call a constitutional convention ...

How many votes do you need to pass an amendment?

According to Article V of the Constitution, an amendment must either be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Either way, a proposed amendment only becomes part of the Constitution when ratified by ...

What is the 8th amendment? What is its purpose?

The Eighth Amendment continues the theme of the Fifth and Sixth Amendments by targeting potential abuses on the part of the criminal justice system. In banning the requirement of “excessive bail,” the imposition of “excessive fines,” and the infliction of “cruel and unusual punishment,” but leaving the exact interpretation of these terms unclear, it paved the way for future generations to battle over their meaning. In particular, differing opinions over what constitutes “cruel and unusual punishment” fuel the ongoing debate in the United States over capital punishment.

How does the Supreme Court determine equal protection?

To measure the form of equal protection it will scrutinize any distinction when it encounters suspect classifications. When the Supreme Court orders a classification subject to scrutiny, it must have the substance that a State law or the State’s administration holds intentions to discriminate. If any intent of a State law provides discrimination, the U.S. Supreme Court further analyzes the basis of race, national origin, and in some cases U.S. citizenship. In order for a classification to pass a U.S. Supreme test, the State must prove that there is an imperative interest to the law and the classification is needed to further its interest. The U.S. Supreme Court will also apply strict scrutiny if any classification interferes with the fundamental rights, such as the First Amendment, the right to travel, or a person’s right to privacy.

Why was the Equal Protection Clause implemented?

The The Equal Protection Clause was implemented to ensure the fair treatment of all legal citizens of the United States. All states must comply with the rulings of the Supreme Court, which continuously reviews the laws applied by each State to ensure it is following guidelines of fair practice and treatment.

Why is the Supreme Court examining the Equal Protection Clause?

The The Equal Protection Clause was implemented to ensure the fair treatment of all legal citizens of the United States.

What is the Equal Protection Clause?

Modified date: September 10, 2020. The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. Many view it as the attempt to uphold the professed “all men are created equal” clause written in the Constitution. The Equal protection law implies that no State has the right to deny anyone within jurisdiction ...

Why did the Supreme Court decide to apply different tests to the different state classifications?

In order to ensure the fair practice of the Equal Protection Clause, the U.S. Supreme Court decided to apply different tests to the different State classifications and its response to fundamental rights. Usually, the Court finds a State classification Constitutional as long as it has a “rational basis” to a “legitimate state purpose”.

What was the effect of the Dred Scott v. Sanford case?

Supreme Court decision in the Dred Scott v. Sanford case. The law required that all citizen regardless of race and color have equal benefits of all laws, as enjoyed by white citizens. The doubts that arose with the law under the Constitution that was in existence then lead Congress to implement changes ...

When was the 14th amendment enacted?

The Fourteenth Amendment was implemented in 1868, a short time after the American Civil War.

Which amendment states that individuals in similar situations should be treated as equals?

The Equal Protection Clause demands that individuals in similar situations be treated as equals in the eyes of the law. The 14th Amendment is written in such a way that the Equal Protection Clause should be applied to the states. However, it is not unheard of for the clause to be applied to the federal government as well.

Why is the amendment important?

This is important because, the way this is written, the amendment abolishes the practice of making certain laws applicable only to persons of a certain class level. Rather, one class cannot receive preferential treatment over another class – all individuals are to be treated as equals.

Why was the Equal Protection Clause created?

Equal Protection Clause. The Equal Protection Clause of the 14th Amendment was created in response to the lack of equal protection afforded by law to black Americans. Before this clause was implemented, blacks were prohibited from filing lawsuits, or providing evidence, or serving as witnesses in a legal case.

What is the 14th amendment?

The 14th Amendment to the U.S. Constitution tackles the issues of equal protection under the law, and the rights of citizens. Unsurprisingly, the 14th Amendment was met with a great deal of contention at the time it was proposed. This was due to the fact that the states that were once part of the Confederacy were forced to ratify ...

What was the case in Brown v. Board of Education?

Board of Education, which was filed by Oliver Brown against the Topeka, Kansas school board. Brown was a parent whose child was being denied entry into Topeka’s white schools because she was black. Brown claimed that Topeka’s racial segregation operated in violation of the Constitution’s Equal Protection Clause because the city’s schools, divided as they were, were not and could never be considered truly “equal.”

What changes were made after the adoption of the 14th amendment?

For example, the 14th Amendment permitted blacks to serve on juries, and prohibited Chinese Americans from being discriminated against insofar as the regulation of laundry businesses.

Why did the states that were once part of the Confederacy have to ratify the 14th amendment?

This was due to the fact that the states that were once part of the Confederacy were forced to ratify the amendment in order to regain representation for their states in Congress. Interestingly, the 14th Amendment – specifically its first section – is one of the most litigated sections of the Constitution. To explore this concept, consider the ...

Historical Precedent in The Fight For Gender Equality Rooted in The Constitution

Understanding The Potential Implications

• The ERA’s explicit prohibition of sex discrimination could help to sustain or expand critical protections that have been used to challenge a wide range of discriminatory conduct and practices. Ratifying the amendment would likely provide additional support for new and existing protections against sex discrimination in areas including gender-based v...

See more on americanprogress.org

The Path Forward

Conclusion