Equal Protection Clause

fundamental principle of fairness and equal rights that becomes a basis for all legal matters. It is a general concept of equality but can be interpreted and applied widely depending on situations and cases. The idea of Due Process starts from the most basic level of rights and protection that the founders of United States craved for. Under the strict restrictions from the England government, the citizens of United States desired for fair rights and protection under governmental power. As the Declaration

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 Fourteenth Amendment is relatively new compared to the Bill of Rights, having been passed in 1868. The first major case that

dignity.” Even though the law states it is a right to end one’s life, “living with dignity” is better than “dying with dignity.” Our own constitution exposes the unethical foundation of this act. In the fourteenth amendment there is an Equal Protection Clause, which protects people from being denied the same rights as others in similar

in1868. 2. How procedural due process and substantive due process differ? Procedural due process is when the aspects of the due process clause that relate to the procedure of arresting and trying persons

still argue that gay marriage should not be discussed legally. They feel that same-sex marriage is not a right. In the United States Constitution, the Constitutional Convention wrote, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” (The Declaration of Independence) Marriage, in terms of the Constitution, is essential to the pursuit of happiness

same-sex marriage legal on a federal level. Justice Kennedy played a pivotal role in expanding the rights of gays and lesbians over the years through specific legal rationale that insists upon protection of LGBT rights. On the other hand, Justice Scalia’s dissenting opinions oppose expanded constitutional protections for gays and lesbians. In order to understand the evolution of LGBT rights, it is crucial to analyze the opinions from Romer v. Evans, Lawrence v. Texas,

provides adequate protection to all citizens. Chiefly influenced by a British Philosopher, John Locke, the Due Process Clause emphasizes the importance of “life, liberty, and property”. More specifically, any deprivation of the three freedoms can occur only through judicial and procedural safeguards (Smentkowski). First documented in the Magna Carta, the concept of legality became a constitutional guarantee that affords equal protection of the laws (Strauss). In fact, the Due Process Clause of the Fifth

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.”(

does this statue raise equal protection issues instead of substantive due process concerns” 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

and this was made possible by the Plessy v Ferguson case. The case basically stated as long as both parts were equal then they could be segregated. In the early 1950’s NAACP fought for black children and their families. In this particular case Oliver Brown had a kid in the schools, and he knows that they weren’t equal to the white schools. He said that