The Equal Protection Clause: The Plessy V. Ferguson Case

Laws are enforced to provide our society with safety, boundaries, protection of rights, and overall justice. The United States Constitution and Bill of Rights were established years ago to reduce the tensions and conflicts of our newly founded nation. It sought out to accomplish this by providing justice through an equal voice for all citizens. However, this equal voice for justice more often times than not is squandered and diminished. Things such as race, religion, and culture often times blur the lines of the law and fair outcomes in a court. Individuals feel that their beliefs are more important than the protection of rights and the deliverance of law or the law itself cannot go outside of its limitations to provide justice. This is apparent in the court cases of Marbury v Madison, Plessy v Ferguson, and the book To Kill a Mocking Bird by Harper Lee. These cases clearly exemplify that the law does not always provide justice, although it endeavors to do so.

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.

The 14th Amendment of the United States constitution guarantees that, “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” (U.S Constitution, Sec. 1). This amendment gives the citizens of the United States their basic human rights and the process that must be taken accounted for in any given court cases. No individual born in the United States should be stripped from their rights no matter the circumstances, for example the skin color, race, religious beliefs or sexuality preferences should interfere. The Constitution is a document that was signed on September 17, 1787 for the nation in order to solve any pre-occurring disagreements that were bound to happen soon (“Constitution Faqs”). The document establishes the rights that are given to all U.S citizens laying out their rights, the freedoms that they are granted, and the series of events that were to occur in the court of law. When the Constitution was signed into effect many people at that time period had a hard time adjusting to the new laws and regulations. Despite the new laws, many would still abide their own personal traditions and not follow the new established laws. This Mentality that many had would continue to happen for the next couple of decades to come. For example,

This statement encapsulates why the framers of the Fourteenth Amendment found it necessary to include that, “No state shall…deny to any person within its jurisdiction the equal protection of the laws.” Bingham’s reading of the Constitution already incorporated this point, but Rogers’ certainly did not, so by placing it in the Fourteenth Amendment, the framers ensured beyond all doubt that the right of all citizens to equal protection of the laws would be part of any subsequent reading of the Fourteenth Amendment.

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 14th amendment is an amendment about civil rights and liberties. In the 14th amendment, it talks about equal protection of the law for all people no matter what race, religion age gender economic status or anything else it also states that due process and equal protection must be enforced at state levels too.The 14th amendment was created in an effort to end discrimination. In theory the 14th amendment sounds wonderful and very effective however in real world situations the 14th amendment and bill of rights are not as effective as they were thought to be. This is evident through many things a few these are inequalities that are still present (document 1,4), still favored rich over the poor(document 3) and still does not show equal protection for all races (document 5).

The 1920’s, was a decade of change, when Americans owned cars, radios and other electronics for the first time. The cars brought great transportation and the need for new roads. The radio brought music and entertainment to all. Electronics became a wide phenomenon where it helped with things from transportation to cooking. The 1920’s was a new era which brought immense change to Americans but after WWI, the nation suffered with strikes and a targeted upon communists and foreigners. This was also the time of the red scare. The Red Scare had begun following the Bolshevik Russian Revolution of 1917; a nationwide fear of communists, socialists and anarchists.

On July 9, 1868 the 14th amendment to the constitution was ratified. This amendment granted citizenship to “all persons born or naturalized in the United States," which included former slaves recently freed. Although the slaves were freed, there was still discrimination all around them. Discrimination is defined as "differences between things or treating someone as inferior based on their race". In 1800’s through 1900 there was a huge amount of cases that occurred due to violations of the 14th Amendment. Two well known landmark Supreme Court cases involving the 14th Amendment are Plessy vs. Ferguson and Brown vs. Board of Education.

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 14th amendment was established after the American Civil War. It addresses the equal protection and rights for everyone. In addition to equal protection under the law to all citizens, the amendment also prohibits citizens from being deprived of life, liberty, and property. Although our laws guarantee equal treatment for all citizens, we often judge people based on their color, religion, and gender.

Our 14th amendment is perhaps the most important amendment because it helps defend some of our fundamental rights. This amendment extends the due process procedure to all citizens when trying to deprive them of life, liberty, or property. The amendment also ensures that everyone born in the United States or naturalized is guaranteed citizenship. This helped grant the right to vote for many americans who before were excluded from this right. It was ratified on july 9th in 1868 following the civil war along with 13th and 15th amendment. These are known as the civil war amendments and had to be accepted by the southern states in order for them to be brought back into the union. The 14th amendment in particular was designed to protect the basic civil rights granted in the constitution to all americans. However a lot of issues have arose over time in regarding the 14th amendment equal protection clause. Movements like Black Lives Matter have brought forth some of these issues happening today. The supreme court has made interpretations of the 14th amendment in cases like Plessy vs Ferguson, Brown vs the Board of Education, and even in when overturning the case Dred Scott vs Sanford. To better understand the 14th amendment’s equal protection clause we have to take a closer look at the interpretations made by the supreme court to

The 14th amendment states “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 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.” The big part to focus on with the 14th amendment is equal protection clause. This prevents one race of being discriminated on. So, let’s look at the facts and see what they have to say.

Racism has been a part of our country since the early ages. Historically, racism and equality have been central issues that have divided our country. Many actions from the past such as the decision in the Plessy versus Ferguson case, and present day actions like The Mississippi school system case have been the ongoing battle in today 's society. The struggle to achieve equality was made even more difficult by the legislation that is now considered racist in the Plessy versus Ferguson case.

Ferguson v. City of Charleston, 532 U.S 67 is a case that began Oct 4, 2000 and was decided March 21, 2001. This case involved the constitutionality of drug testing pregnant women. The case began when “a state hospital’s performance of a diagnostic test to obtain evidence of a patient’s criminal conduct for law enforcement purposes is an unreasonable search if the patient has not consented to the procedure” (FERGUSON v. CHARLESTON 2001). This lead to the reviewing of MUSC policies, which lead to discovery of POLICY M–7, which involves the “Management of Drug Abuse during Pregnancy.” This policy made it possible for law enforcement to become involved if a pregnant mother tested positive for cocaine. As a result, these drug testing lead to discussion

The fourteenth amendment of the Constitution grants equal civil and legal rights to all black citizens, after they were freed with the thirteenth amendment in 1865. Before then, black people were viewed as personal property an extra set of helping hands. This is what drove civil rights activists like Martin Luther King Jr. and Malcolm