Civil rights, on the other hand, protect individuals from discrimination by the government and other individuals and originate from the “Equal Protection” Clause of the Fourteenth Amendment. … This is a civil liberties issue as police are violating individuals’ protected political freedom.
Is the equal protection clause a civil right?
It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law.
Is equal protection a right or liberty?
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.
How does the Equal Protection Clause protect civil liberties?
A clause of the Fourteenth Amendment stipulating that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” The equal protection clause has served as the basis for most legal challenges to discrimination.
Is the 14th Amendment a civil right or liberty?
The overwhelming majority of court decisions that define American civil liberties are based on the Bill of Rights, the first ten amendments added to the Constitution in 1791. … Civil rights are also protected by the Fourteenth Amendment, which protects violation of rights and liberties by the state governments.
What are the 3 levels of scrutiny?
There are three judicial review tests: the rational basis test, the intermediate scrutiny test, and the strict scrutiny test. The intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test.
What are the 2 types of due process?
Due process under the Fifth and Fourteenth Amendments can be broken down into two categories: procedural due process and substantive due process. Procedural due process, based on principles of fundamental fairness, addresses which legal procedures are required to be followed in state proceedings.
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 does the Equal Protection Clause protect?
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.
What did the 14th Amendment do?
Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons “born or naturalized in the United States,” including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of …