The equal protection clause in the 14th amendment ensures the equal treatment of all its citizens regardless of their race or religion, and according to the Constitution, no person shall be denied this right. The struggle for equality started as early as time, where blacks have been victims of abuse and torture while trying to rise up all the more.
What is the Equal Protection Clause of the 14th Amendment?
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.
How is the 14th Amendment used in a lawsuit?
For example, the 14th Amendment has been referenced in lawsuits ranging from racial segregation and abortion, to presidential elections and same-sex marriage. Simply put, the amendment limits the actions of officials at the state and local levels.
What are the last two clauses of the 14th Amendment?
Importantly, the last two clauses of the first section of the 14th Amendment specifically state that no person, whoever he may be, should not be deprived of life, liberty, or property without due process, and he shall not be denied equal protection under the laws of his state.
Was the Fourteenth Amendment originally designed to remedy discrimination against African Americans?
At a Harvard Law School symposium some years ago commemorating the occasion of the one hundredth anniversary of Plessy v. Ferguson (1896), I struggled to articulate the duality of the Fourteenth Amendment: its original purpose and imperative was undeniably directed at remedying discrimination against African Americans.
What is the Equal Protection Clause in simple terms?
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.
What is the key phrase in the 14th Amendment that requires the equal treatment for all citizens?
What is the key phrase in the 14th Amendment that requires the equal treatment for all citizens? "Equal protection of the laws" (?)
Who does the Equal Protection Clause of the 14th Amendment protect?
Fourteenth Amendment, Section 1: 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.
What does the 14th Amendment mean 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 are the 5 sections of the 14th Amendment?
The first section of the 14th Amendment is the Equal Protection Clause. Section two of the amendment eliminated the three-fifths rule, which counte...
What is the 14th Amendment in simple terms?
The 14th Amendment is an extension of the Bill of Rights to the United States Constitution. It ensures that all citizens are granted equal protecti...
Who does the Equal Protection Clause protect?
The Equal Protection Clause protects every citizen of the United States, affording each the same protection under the laws of the Constitution.
What does the Equal Protection Clause prohibit?
The Equal Protection Clause prohibits the deprivation of life, liberty, and the pursuit of happiness without due process of law.
What is the Equal Protection Clause of the US Constitution?
The Equal Protection Clause is included in the Fourteenth Amendment of the United States Constitution and guarantees that every citizen of the coun...
What would be an example of equal protection of the laws?
An example of equal protection of the laws is the extension of the right to vote to all United States citizens over the age of 18, regardless of ra...
What was the Equal Protection Clause intended to do?
Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law. Ratified as it was after the Civil War in 1868, there is little doubt what the Equal Protection Clause was intended to do: stop states from discriminating against blacks.
What is the Supreme Court's Equal Protection Clause?
The Supreme Court has also used the Equal Protection Clause to prohibit discrimination on other bases besides race. Most laws are assessed under so-called “rational basis scrutiny.”. Here, any plausible and legitimate reason for the discrimination is sufficient to render it constitutional.
Why is the Fifth Amendment read?
For example, despite its reference to “state [s],” the Clause has been read into the Fifth Amendment to prevent the federal government from discriminating as well. Near the end of the nineteenth century, the Court considered whether racial segregation by the government violated the Constitution.
What did the Supreme Court decide in 1978?
Bakke, the Supreme Court found that race-conscious measures designed to address the effects of discrimination were as presumptively unconstitutional as was discrimination rooted in racial antipathy and the belief in racial inferiority.
Which amendment was intended to end segregation?
Historians have debated whether the Fourteenth Amendment was intended to end such segregation, but in Plessy v. Ferguson (1896), the Court ruled by a 7-1 vote that so-called “separate but equal” facilities (in that case, train cars) for blacks and whites did not violate the Equal Protection Clause.
Why do people believe racial preference programs may not survive court challenges for much longer?
Indeed, new empirical arguments are the reason why many people believe racial preference programs may not survive court challenges for much longer. First, some people believe that the individuals who take opportunities on account of racial preferences are actually wealthier than those who are displaced.
Which amendments were based on race consciousness?
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.
What is the 14th amendment?
The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The most commonly used -- and frequently litigated -- phrase in the amendment is " equal protection of the laws ", which figures prominently in a wide variety of landmark cases, including Brown v.
Is the United States liable for any debts incurred in aid of insurrection or rebellion against the
But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Who used the 14th amendment?
This argument was used by Charles Sumner when he used the 14th amendment as the basis for his arguments to expand the protections afforded to black Americans. Though the equal protection clause is one of the most cited ideas in legal theory, it received little attention during the ratification of the 14th amendment.
What is the Equal Protection Clause?
t. e. The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. 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".
What did Bingham say about equality?
Bingham said in a speech on March 31, 1871 that the clause meant no State could deny to anyone "the equal protection of the Constitution of the United States ... [or] any of the rights which it guarantees to all men", nor deny to anyone "any right secured to him either by the laws and treaties of the United States or of such State." At that time, the meaning of equality varied from one state to another.
Which amendments prohibit voting based on race?
The Supreme Court ruled in Nixon v. Herndon (1927) that the Fourteenth Amendment prohibited denial of the vote based on race.
When was the 14th amendment proposed?
The 39th United States Congress proposed the Fourteenth Amendment on June 13, 1866 . A difference between the initial and final versions of the clause was that the final version spoke not just of "equal protection" but of "the equal protection of the laws".
Which Supreme Court case legalized same sex marriage?
While the Equal Protection Clause itself applies only to state and local governments, the Supreme Court held in Bolling v.
Which Supreme Court case was the basis for the Bush v Gore ruling?
The Supreme Court used four of its rulings from 1960s voting rights cases (one of which was Reynolds v. Sims) to support its ruling in Bush v. Gore.
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 ...
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 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.
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.
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.
What did the Supreme Court decide about Brown's school segregation?
Brown then appealed to the Supreme Court, which had consolidated all of the school segregation actions together and then reviewed them all at once.
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 ...
What is the 14th amendment?
The 14th Amendment also applies to anti-discrimination laws that protect all citizens against discrimination and grants that all citizens will be treated equal. The discrimination can be a suspect classification based on race or religion or a quasi-suspect classification, like women or illegitimates.
Which amendment provides equal protection?
The 14th Amendment also affords equal protection. Under the 14th 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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens ...
What is equal protection?
Equal protection comes into play where the amendment states that no person can be deprived of life, liberty, or property without due process. Due process is an assurance that all legal proceedings will be fair and reasonable. We know that a person cannot be taken away to jail without warning.
What is the Miranda rights clause?
It serves as an equal protection clause. 5:00. You must c C reate an account to continue watching. Register to view this lesson.
Which amendment protects the rights of a person who is suspected of a crime?
So, to contrast the two, the 5th Amendment protects the rights of someone who is suspected of a crime and the 14th Amendment protects a citizen from unreasonable control by the government. Anti-discrimination laws protect all citizens against discrimination and grants that all citizens will be treated equal.
What is due process in the 5th amendment?
Due process is simply an assurance that all legal proceedings will be fair and reasonable.
Which amendments have due process?
Due process in the 5th Amendment happens by a court. In the 14th Amendment, it is a given right to limit the power of the government to interfere with people's affairs, like freedom of speech or property ownership, unless their actions are illegal.
