Equal Protection Clause In America

The Equal rights Amendment was proposed to set equality for every citizen no matter the sex. The amendment has three sections. The first one states “equality of rights under the law should not be denied by the U.S on the account of one's sex.” Section two says that “congress has the power to enforce this law.” Last but not least, section three says the amendment will take effect two years after ratification.

What could be more important than the equality of rights for all American citizens? Women have tried without success for 80 years to be acknowledged as equals in our Constitution through an Equal Rights Amendment (ERA). Currently there is nothing in the United States Constitution that guarantees a woman the same rights as a man. The only equality women have with men is the right to vote. In order to protect women’s rights on the same level as men, I am in favor of an Equal Rights Amendment to the U.S. Constitution today.

The Fourteenth Amendment to the Constitution of the United States is perhaps the most sweeping and has likely impacted the general jurisprudence of the Supreme Court the most of any other amendment. This is because, where all other right-protecting amendments protect something specific, the fourteenth amendment was designed to ensure that states guaranteed due process rights, applied the law equally, and protected the “privileges [and] immunities of citizens of the United States.”

For centuries Africa American’s have been stripped from their freedom, their history, and their human rights due to racism and white supremacy. However, in 1868 there was a light at the end of the tunnel, African Americans thought there was an end to racism and the beginning of equality when the 14th Amendment was created. The 14th Amendment stated, “All persons born in the United States are citizens of the United States… 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”(The Founding Fathers) With the privilege of being a citizen a person is entitled to universal freedom (Walton, Smith). Even though the 14th amendment enforced that the state shall not deny privileges to citizens, it never brought about equality for African-Americans because of racism. The Amendment was intended to create equality, however its meaning was misinterpreted and ultimately benefit white males. Because of this, it denied them of their right to freedom from barriers created to keep African Americans inferior such as Jim Crow Laws, Gorilla Warfare for Voting, and Institutional Racism.

While it might at first seem superfluous, one of the most important parts of the Fourteenth Amendment was that it provided a definition of who was a citizen of the United States. However, in the infamous Dred Scott decision, the Supreme Court, led by Chief Justice Taney had held that, “A free negro of the African race… is not a ‘citizen’ within the meaning of the Constitution of the United States,” and thus, only whites were entitled to constitutional rights. The

The Fourteenth Amendment was ratified in 1868 and the amendment was put in place to protect former slaves and their rights in life. The most important part of the amendment reads, “No state shall ‘deprive a person of life, liberty, or property without due process of law; nor deny to any person… the equal protection of the laws.’” This simple statement has one of the most profound and incredible parts of the United States today. The equal protection of the laws show that there must be equal treatment for all citizens regardless of race, class, or gender. Although there has been many racial events happening after this amendment was passed this clause still stands to today and has helped shape the United States for the better. Having this clause in the Fourteenth Amendment protects the ‘little guy’ and makes sure that everyone has the same ability to do whatever everyone else is doing.

“The purpose that brought the Fourteenth Amendment into being was equality before the law, and equality, not separation, was written into the law.” A state and its capabilities all come from within itself; therefore, what brings a nation forth is its ability to unite for a cause and to consistently keep the members of its nation steadfast in its belief. The Fourteenth Amendment was ratified not only to guarantee “equal protection of the laws” , but to also guarantee a more prosperous country in which its members are not distinguished based on gender, race, culture, ethnicity or religion. Consequently, every citizen is given a set of rights and the people are reassured that these rights define a government by the people for the people , but during the 1800s, the law was not just nor equal.

The Fifth, Thirteenth, and Fourteenth amendment were implemented to protect American citizens. The declaration says “all men are created equal” (Jacobus, 412), these amendments are in place to protect our rights and keep us safe. The Fifth Amendment states that no person shall “….Be deprived of life, liberty, or property without due process of law….” (Jacobus, 412) However even though we have these laws here to protect us, discrimination plagued our country and did not grant rights to certain groups of minorities because of skin color, race, or religion. Throughout our history there were many instances of this unfairness, for example “Jones v. Alfred H. Mayer Company.” (Jacobus, 412) This case was a huge breakthrough in the fight against segregation, saying that any form of discrimination is a “badge of slavery,” (Jacobus, 412) and therefore violates the Thirteenth Amendment. “The Supreme Court stated that in enforcing the Civil Rights Act of 1866, Congress is empowered under the Thirteenth

Regardless of the guarantees evoked in its wording, only court challenges will determine the fulfillment of its intent, demanding a conscientious populace and Supreme Court that evolves in time with the dynamic sentiment of modern society. In another respect, the erroneous conclusion that the amendment itself is immune to criticism must be rejected. For instance, Section II of the amendment permits the disenfranchisement of felons, a provision that ironically has perpetuated the marginalization of those that the amendment was intended to protect. The war on drugs, a campaign that has disproportionately ravaged African-American communities, effectively deprives a substantial percentage of the African-American community of the most basic privilege of citizenship, a consequence that runs counter to the egalitarian quality that defines the amendment. Nonetheless, all things considered, the sheer existence of the Fourteenth Amendment manifests the American commitment to wholly achieving equality, a rewarding work in

An understanding of the Fourteenth Amendment begins not in Congress, but in the history leading up to the Civil War. The first crucial story in understanding the Fourteenth Amendment is the striking changes in the law of race relations that took place in the North - especially in Bingham’s home state of Ohio - in the dozen or so years before the Civil War began. The second story is about the South, and the legal repression and brutal racial violence that took place there immediately after the Civil War ended (Finkelman, 2003).

In America we are constantly reminded of the idea of freedom and equality for every individual. It is not commonly acceptable to base a person’s stature in the community from their race, class, religion, or sexuality. The most powerful act that brought forth new standards of civil rights and equality privileges was the fourteenth amendment. One of the most highlighted aspects mentioned within the document is that no state shall “deprive any person of life, liberty, or property without due process of law; nor deny any person… the equal protection of the laws.” This simple statement has made an impact in today’s society. The equal protection of the law primarily draws from and requires equal treatment for all citizens in the United States, but

The Equal Rights Amendment had been a major cause controversy after its initial proposal in the early nineteenth century. Feminists of that time found it especially painful when some of their fellow women opposed the amendment. The conflict focused on whether the proposal would completely fulfill the needs of women, give them more opportunities, and allow women to flourish not just in the workplace but also in all aspects of society. Despite a heavy opposition by both women and men, the National Women’s Party introduced the amendment to the Constitution in 1923. The main intentions of this movement included a resolution to the paradox of an oppressed minority. The amendment was not created to change the public’s values but to modify its behavior, much like the Fourteenth Amendment. Its purpose was to

One of the biggest problems Africans Americans faced in America is Segregation, discrimination, racism, prejudice, rebellion, religion, resistance, and protest. These problems have helped shape the Black struggle for justice. Their fight for justice marks a long sequence of events towards their freedom. Provisions of the Constitution affect the operation of government agencies and/or the latitude chief executives and legislatures in the creation and implementation of policies today. The rights and passage of Amendments granted to African Americans in the Constitution serve as a source of “first principles” governing the actions and policies of elected and appointed public servants across the United States. The 15th Amendment Equal Rights: Rights

Let's take a step back and look at the “Civil Rights act of 1875” which made it criminal to deny any individual of any race or color equal treatment(The Civil Rights Act of 1875). This act was a huge step for African Americans in becoming equal. Louisiana put in place a law that required separate rail cars for those of color and whites. Controversy then struck when Homer Adolph Plessy sat in the white only section of the rail car, when asked he then refuse to move to the car for blacks and was arrested Despite the fact that he half white and half black which gave him equal opportunity for either railcar. In this case which became known as the Plessy versus Ferguson case they ruled that the state law is within constitutional boundaries and did not violate the equality of the citizen. If Plessy was treated equally why was he not allowed to sit next to a white american if they were constitutionally equal. The hope that emerged from the civil rights act was then taken away. Congress shut down the Civil rights act claiming that the fourteenth amendment did not give congress any jurisdiction to prevent discrimination from private peoples. Keep in mind that the fourteenth amendment gave U.S. citizenship to any natural born or naturalized citizen, including free slaves (14th Amendment). Once congress shut down the

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws". Two landmark 14th Amendment cases are Plessy v. Ferguson and Brown v. Board of Education. However, each case treated the 14th Amendment differently and this caused a different outcome for each court case.