Equal Protection Clause In Civil Rights

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.

On a date that will be remembered forever as a step forward for our nation, July 28, 1868, the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people. It was conceived to be the foundation for restoring America to its great status and prosperity. The Amendment allowed “equal protection under the law”, no matter what race, religion, sex, sexual preference or social status. It was designed to protect the newly freed slaves. However, it only helped the white race.

The Fourteenth Amendment accomplished three important things in terms of providing equal protection of the laws. These three things, which are found in Sections 1 and 5, were providing a definition of citizenship, declaring what protections states were required to give to their citizens, and giving the federal government broad power to take action against states that did not provide the necessary protections to their citizens.

Because of this language, the Fourteenth Amendment appears to be — and to some extent is — simply the application of the Fifth Amendment, and through selective incorporation, the rest of the Bill of Rights. To that end, the Fourteenth Amendment possesses a fortuitous expansion to the simple due process right: the right to equal protection of the laws. Laws that appear to violate the Equal Protection Clause thusly receive the same kind of scrutiny that other fundamental rights are given.

The success and the approval by the necessary three-quarters of U.S states, the 14th Amendment guaranteed to the newly freed slaves protection and citizenship along with all its privileges. This amendment resolved any pre-Civil War concerns of the African American community’s citizenship by stating that “all persons born or naturalized in the United States are citizens of the United States and of the state in which they reside” (Primary Documents of American History, 2011). This amendment also reinsured that they had the equal rights and privileges of the rest of the citizens, and granted all these citizens the “equal protection of the laws” (Primary Documents of American History, 2011).

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.

Even with the 14th amendment not all people were treated equally. As shown in document one on paper and de jure everyone was equal, however it was evident in many things that white males had advantages de facto and in society. For example, people may be denied jobs and housing and other services

The 13th Amendment says “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States.” (Doc C) Although many years later African Americans still were not being treated like people, abolishing slavery was a big step to the stop of harsh treatment toward African Americans. The citizenship, and the right to vote are granted to African Americans by the 14, and 15 Amendments. The passing of these Amendments insured that the African Americans are people.

The Fourteenth Amendment to the United States Constitution is commonly regarded as a major victory against racism that further advanced democracy in America. Adopted on July 9, 1868, it attempted to transform the oppressive culture of the Confederacy by granting citizenship rights to all people born or naturalized in the United States and affording equal protection under the law to all U.S. citizens. Nonetheless, in spite of aiming to put an end to discrimination against African-Americans and other minority groups, this important amendment did not entirely succeed in eradicating racism during the Reconstruction era.

The Equal Protection Clause derives from the Fourteenth Amendment, which specifies “no state shall deny to any person within its jurisdiction the equal protection of the laws…” As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the strict scrutiny has been applied to the cases, in which a fundamental constitutional rights have been infringed or a government action applies to a suspect classification (i.e. race, religion, national background). Specifically, in regards to Bakke v. Regents of University of California, the Supreme Court (“the Court”) concluded that, considering that the University of California, Davis received several Caucasian applicants for its special admission program in 1973 and 1974 and that none of the applicants received the admission to the program since the start, the program unfairly administered in favor of minority races and, therefore, violated the rights of the white applicants under the Equal Protection Clause of the Fourteenth Amendment. Furthermore, from Hopwood v. State of Texas, the Fifth Circuit Court ruled under strict scrutiny that, the affirmative action imposed by the University of Texas School of Law (“the law school”) violates the Fourteenth Amendment since neither the law school nor the University of Texas system has proved a proof of

The 13th Amendment to the United States Constitution officially abolished and prohibits slavery and involuntary servitude, except as punishment for a crime.The 14th Amendment provides the citizenship, due process and equal protection clauses. The 13th amendment was adopted on December 6, 1865. It was preceded by the Emancipation Proclamation of 1863, which freed all slaves from the Confederate states during the Civil War. Most of these states were in the South below the Mason-Dixon line.The 14th Amendment was adopted on July 9, 1868, and it is the longest of all the Reconstruction Amendments, having five separate sections. The amendment also covers citizen's' right to hold public office, suffrage, compensation for emancipation and debts of war.

Constitution. This amendment was to help African Americans with citizens rights and equal representation. The U.S Constitution stated that the 14th amendment said “all person 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 of the United States.” The 14th amendment provided African Americans that was born in the United States equal citizenship with other natives in the U.S. It also limited the power of states that they could not take away the rights of the citizens of the United States.

In December of 1865, Congress passed the 13th amendment abolishing slavery in the United States. By July of 1868, the 14th amendment was passed to grant citizenship to anyone, regardless of race, born in the United States and prohibiting states from depriving any person of his life, liberty, or property without due process of law, or rejecting to any person, within their jurisdiction, the equal protection of the laws (Jim Crow Stories). Immediately following the Civil War, Abraham Lincoln and Republicans were trying to give equal rights to African Americans and set rules that would allow the Southern states back into the Union. At the same time, the Radical Republicans were working to minimize African Americans’ rights; this era is known as

It also allowed black men to join the Union Army and Navy, “enabling the liberated to become liberators.” (The Emancipation Proclamation) The big change in slavery and the fight for equality did not come until the Thirteenth Amendment was passed by Congress on January 31, 1865 and ratified by the states on December 6, 1865. With this event, it was declared that “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” (13th Amendment of the U.S. Constitution) Although this Amendment did give slaves their freedom, it did not guarantee them the same rights nor the same treatment that other citizens of the United States had and took for granted. This was especially seen in the states that “enacted ‘black codes’ that were intended to limit the civil rights of the newly free slaves.” (Civil Rights) These “black codes” and the obvious difference in treatment were a large issue, and they were later addressed in the Constitution with the introduction of the Fourteenth and Fifteenth Amendment. The Fourteenth Amendment was ratified on July 9, 1868 and it made large changes for black individuals. This Amendment “granted citizenship to ‘all persons born or naturalized in the United States,’ which included former slaves recently freed.” (14th Amendment to the U.S. Constitution) It also “forbids states from denying

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.