A phrase in the Fourteenth Amendment to the United States Constitution requiring that states guarantee the same rights, privileges, and protections to all citizens. This doctrine reinforces that of due process of law and prevents states from passing or enforcing laws that arbitrarily discriminate against anyone.
What does the phrase equal protection under the law mean?
Overview. 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.
Where does the concept of equal protection come from?
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides “nor shall any State … deny to any person within its jurisdiction the equal protection of the laws”.
Why was the equal protection clause created?
Although the original purpose was to protect blacks from discrimination, the broad wording has led the Supreme Court to hold that all racial discrimination (including against whites, Hispanics, Asians, and Native Americans) is constitutionally suspect.
What is the equal protection clause in simple terms?
: the clause in the Fourteenth Amendment to the U.S. Constitution that prohibits any state from denying to any person within its jurisdiction the equal protection of the laws.
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.
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 an example of equal protection?
They’re guarantees of equal social opportunities and protection under the law, regardless of race, religion, or other characteristics. Examples are the rights to vote, to a fair trial, to government services, and to a public education.
What falls under intermediate scrutiny?
Intermediate scrutiny is a test courts will use to determine a statute’s constitutionality. … To pass intermediate scrutiny, the challenged law must: further an important government interest. and must do so by means that are substantially related to that interest.
What was one reason why the Equal Rights Amendment failed?
What was one reason why the equal rights amendment failed? Fewer women wanted to enter the workforce by the 1970s. Only seven states ratified the amendment in the allotted time. Many people feared potential unintended effects of the amendment because it was vaguely worded.
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.
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.
What is the difference between due process and equal protection?
Substantive due process protects criminal defendants from unreasonable government intrusion on their substantive constitutional rights. … The equal protection clause prevents the state government from enacting criminal laws that arbitrarily discriminate.
Is everyone treated equally under the law?
Thus, everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination or bias.