The Equal Protection Clause Of The Fourteenth Amendment

The equal protection clause of the Fourteenth Amendment to the Constitution was at first created to protect against racial discrimination, but the Supreme Court later expanded the clause to also providing equal treatment amongst different races. The clause says, â€Å"No state shall†¦deny to any person within its jurisdiction the equal protection of the laws† (U.S. Constitution. Art./Amend. XIV, Sec. 1.) A person could not be discriminated upon solely because of his or her race and if the law treated a group of people differently, then a valid reason for the discrepancy of different treatment must exist. Racial minorities, but mainly women, have historically been subjected and made vulnerable to harsh restrictions on activities such as voting, attending college, and working as lawyers. These restrictions, based on stereotypes overlooked the actual capability and potential of each individual woman. For many cases dealing with discrimination of women, the Court looked to an other important element of equal protection, which stated that unfair treatment couldn’t be based on immutable distinctions, such as race and gender, because those fixed distinctions are uncontrollable and unrelated to ability. In the case of Frontiero v. Richardson, 411 U.S. 677 (1973), the Supreme Court was just one vote short of adopting gender as a suspect classification. In United States v. Virginia, 518 U.S. 515 (1996), women rights supporters were very pleased with the Supreme Court’s ruling and remainShow MoreRelatedThe Equal Protection Clause Of The Fourteenth Amendment976 Words   |  4 Pagesthe University of Texas with the claim that the University had violated the Equal Protection Clause of the 13th Amendment. The main question that arose in the question was, â€Å"does the Equal Protection Clause of the Fourteenth Amendment permit the consideration of race in undergraduate admissions decisions†. The overall decision of the Supreme Court was that the University of Texas hadn’t violated the Equal Protection Clause, and in fact that they were permitted to consider race in the admissions processRead MoreThe Equal Protection Clause From The Fourteenth Amendment1137 Words   |  5 PagesThe Equal Protection Clause derives from the Fourteenth Amendment, which specifies â€Å"no state shall deny to any person within its jurisdiction the equal protection of the laws†¦Ã¢â‚¬  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 fundamentalRead MoreA Closer Look At The Fourteenth Amendment s Equal Protection Clause2421 Words   |  10 PagesMarkus Allard Professor Anne Redding Administrative Justice 245 20 November 2016 A Closer Look At The Fourteenth Amendment’s Equal Protection Clause 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. ThisRead MoreThe Fourteenth And Fourteenth Amendment1018 Words   |  5 PagesThe Thirteenth and Fourteenth Amendment Want to learn how everyone is equal? On May 17, 1954 the United States Supreme Court came to a decision that had immediate repercussions on the lives of black and white American citizens. Historic moment experiences have continually characterized these people into distinct racial and social entities. The thirteenth and fourteenth amendment had a positive affect on the problem of racism and segregation.The thirteenth amendment was created to abolishRead MoreThe Road Brown V. Board Of Education Of Topeka ( 347 U.s.1455 Words   |  6 PagesHistorical Setting The road to Brown v. Board of Education of Topeka (347 U.S. 74 (1954)), is littered with many Supreme Court cases that have battled for equality in education. The Fourteenth Amendment strengthened the legal rights of newly slaves and became the stomping ground for many Supreme Court decisions. There were six separate cases concerning the issue of segregation in public schools that was heard and consolidated into the one case named Brown v. Board of Education. The cases includedRead MoreThe Constitution Of The United States1552 Words   |  7 Pagescountry for over 200 years. The Bill of Rights, also known has the first Ten Amendments of the Constitution, has protected the unalienable rights of citizens in the United State. Selective incorporation was used in order to nationalize the Bill of Rights and protect the immunities, rights, and privileges of all United States citizens within the states. The success of Selective Incorporation, along with the 14th Amendment, ensured that states could not put in place any laws that took away the constitutionalRead More 14th Amendment -EQUAL PROTECTION UNDER THE LAW Essay939 Words   |  4 Pages EQUAL PROTECTION UNDER THE LAW In school especially, as well as throughout our daily lives, we learn in America to live by the idea of freedom and equality for all. We do not allow race, class, or creed to determine a person’s stature in the community. It may seem as if this is the standard of society, but these ideas of equality have been fought over since the beginning of written history, and even in America today, prejudice still exists. To address these and similar problems, the founding fathersRead MoreThe Rights Of State Governments And The Federal Government1442 Words   |  6 Pages1868, the Fourteenth Amendment was ratified stating â€Å"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, withou t due process of law; nor deny to any person within its jurisdiction the equal protectionRead MoreEssay on Affirmative Action1018 Words   |  5 Pagesconsideration. The Fourteenth Amendment states that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. As a result, Affirmative action is not consistent with the Fourteenth Amendment. In this essay, I will first discuss the violation of Affirmative Action against the Fourteenth Amendment. Second, how AffirmativeRead MoreLoving V. Virginia, Introduction, Facts, Legal Background1567 Words   |  7 PagesLoving v. Virginia Interracial marriage: Respecting the Equal Protection and Due Process Clauses of the Fourteenth Amendment. I. INTRODUCTION This case note will examine the 1967 landmark Supreme Court case of Loving v. Virginia. The Loving v. Virginia case touched on constitutional principles including equality, federalism, and liberty. Just over 30 years ago, it was a crime for interracial couples in Virginia to marry, or to live as husband and wife. Prior to the 1967 case of Loving v. Virginia