Equal Protection Clause

Fourteenth Amendment (Equal Protection Clause): For one to file an equal protection claim, one has to prove that the “government intentionally discriminated against the plaintiff by classifying him or her for different treatment under the law than one similarly situated.” For the equal protection clause to be violated, a government has to group individuals in such a way that denies them certain rights or provides different treatment on the basis of traits they have no control over.

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

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 14th Amendment was added to the Constitution in order to guarantee equal treatment and to forbid any state to deny someone the right to receive a fair chance with issues of life, property and due process. (p 30). Today, the 14th Amendment continues to represents as one of the most historically significant building blocks to our nation's democracy. It still symbolizes our country's promise that everybody is created equally under the law regardless of gender, race, orientation or nationality. The relevance of the 14th Amendment outlined in the United States Constitution shapes the origin and growth of our nation.

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.

citizen. The fourteenth amendment did also promise all citizens the equal protection of the laws. The fourteenth amendment also guaranteed the african american vote. This amendment was manly proposed by the republicans because they were interested in the african american vote. They were so interested in the african american votes because with this votes they could have more power over their rival political party the democrats.

Substantive due process and equal protection require review of subastance of the law or other governmental action rather than review of the procedures used. When a law of action limits thelibeity of all individuals to do something it may violate substantive due process; when a law or action limits liberty of some individuals but not others then it may violate the equal protection clause. In this case because it’s only applying to motorcycle operators and their passenges than it raises some equal protection issues (Cross, Frank B. and Miller, L., 2012). This statue is more state interest to protect others and promote safety.

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

This ideal is expressed in declaration of American war of independence and in the equal protection clause of the fourteenth amendment, which provides that “no state shall deny to any person within its jurisdiction the equal protection of laws”. The equal protection clause prohibits the state from denying to any person or class of persons the same protection and rights that the law extends to other similarly situated persons or classes of persons. Like other rights guaranteed by the civil war amendments, the equal protection clause was motivated in large part by a desire to protect the civil rights of African- Americans recently freed from

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.

Although the Declaration of Independence stated that “All men are created equal,” the U.S Constitution denied minorities basic human rights, such as life, liberty and the pursuit of happiness. With this, the line had been drawn. Skin color had now become the definite indicator of how race would be defined in future American society.

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 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.

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.