In practice, the Supreme Court has used the Due Process Clause of the 14th Amendment to guarantee some of the most fundamental rights and liberties we enjoy today. It protects individuals (or corporations) from infringement by the states as well as the federal government.
Does the Equal Protection Clause apply to businesses?
Interestingly, while the Court has concluded that corporations are “persons” within the meaning of the Equal Protection Clause of the Fourteenth Amendment, the Court has been quite reticent to concede that corporations are “citizens” for the purpose of the Privileges and Immunities Clause.
Who does the Equal Protection Clause protect?
In addition, the Fourteenth Amendment contains the equal protection clause. This mandates that no state shall… “deny to any person within its jurisdiction the equal protection of the laws.” This clause has proved to be central in ending and preventing government discrimination based on race and gender.
Does the Constitution protect businesses?
U.S. Constitution, Amendment I. … Many entrepreneurs make businesses out of selling information, and the First Amendment, as well as other parts of the Constitution, protects those businesses.
What does the Equal Protection Clause prohibit?
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.
What is the Equal Protection Clause in simple terms?
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
How can the 14th Amendment be violated?
Washington , the U.S. Supreme Court rules that the due process clause of the 14th Amendment (which guarantees the right to a fair hearing that follows the rules) is violated when a state law fails to explain exactly what conduct is prohibited.
What is the Equal Protection Clause What three tests are associated with discrimination in law?
The tests associated with legal discrimination are the reasonable-basis test and the strict-scrutiny test.
Can a business violate your constitutional rights?
The Regulation of Congress
The rules of the Constitution are meant to regulate Congress, not businesses or citizens. Therefore, the right to free speech means Congress cannot restrict someone from speaking his or her mind, but a business may be able to.
Does the Bill of Rights protect businesses?
The Bill of Rights (the first ten amendments to the Constitution) was originally meant to apply to federal actions only. … The guarantees of the Bill of Rights apply only to state and federal government action. They do not limit what a company or person in the private sector may do.