SOLUTION: Equal Protection Under the Law - Studypool

Definition of Equal Protection Clause in the Legal Dictionary - by Free online English. Ideal of human equality from the reality of racial inequality under the law.

Equal Protection Under The Law Essay Style - …

B., the Court strikes down aMississippi law that prevented an indigent mother from appealing atermination of parental rights order because she could not pay a $2000transcript-processing fee. The deprivation involved (a completesevering of parent-child bonds), Justice Ginsburg wrote for the Court,is "devastating" and heightened scrutiny is justified. The modestcost savings to the state resulting from the mandatory fee is not asufficiently compelling reason to impose the burden that Mississippi'slaw did.

(1973) made clear the Court's desire toconfine strict scrutiny to cases involving rights that are eitherexplicitly or implicitly guaranteed by the Constitution. It willNOT be enough, the Court said in its 5 to 4 decision, that a right isvery important or has a clear nexus to the exercise of constitutionalrights. In upholding a Texas state financing scheme that leftpoor school districts with substantially less money to fund educationthan richer districts, the Court said that however important educationmight be, and however helpful education might be to voting or theexercise of First Amendment rights, it is not a "fundamental right" ofthe sort that triggers strict scrutiny under the Equal ProtectionClause. Applying rational basis scrutiny, the law was found tosupport the state's interest in decentralized education.


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Equal Protection Under The Law Essay Style Legal Essay Contest Catalog

Seduction of Choice LawEducation and American Pluralismentrenched the pattern of a twotiered system of schoolingwhich sanctions private optouts from publicly run schools. The Equal Protection Clause itself applies only to state and local governments. Section Two of the Fourteenth Amendment provides a specific federal response to such actions by a state reduction of a states representation in Congress. Supreme Court added Equality of treatment and the due process right to demand respect for conduct protected by the substantive guarantee of liberty are linked in important respectsand a decision on the latter point advances both interests has written that Congress never required that the schools of the District of Columbia be segregated. Since thesince Lincoln did not have a law schoolbut was denied admission due solely to his race. Thusif a legislature was primarily motivated by the traditional raceneutral districting principlesan equal protection clause challenge fails. Civil Rights Act and of the Equal Protection Clause. It prohibits the hanging of a black man for a crime for which the white man is not to be hanged. The 14th Amendment is not by its terms applicable to the federal government. Representatives shall be apportioned among the several states according to their respective numberscounting the whole number of persons in each stateexcluding Indians not taxed. GrahamEverymans ConstitutionHistorical Essays on the Fourteenth Amendmentthein Connecticut General Life Ins. Recentlyhoweverthe Supreme Court has held racial quotas unconstitutional. We conclude that in the field of public education the doctrine of separate but equal has no place. The equal protection clausefor exampledoes not forbid states from treating different entities differently. Actions by the federal governmenthoweverthat classify individuals in a discriminatory manner willunder similar circumstancesviolate the Due Process Clause of the Fifth Amendment. Choosing the standard of scrutiny can determine the outcome of a caseand the strict scrutiny standard is often described as strict in theory and fatal in fact. A violation would occurfor exampleif a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The case concerned a privately made contract that prohibited people of the Negro or Mongolian race from living on a particular piece of land. Its aim was against discrimination because of race or color. First Amendment freespeech groundsbut This case can also be profitably analyzed under the Equal Protection Clause of the fourteenth amendment. The clause is not intended to provide equality among individuals or classes but only equal application of the law . Fourteenth Amendmentthe Right to Voteand the Understanding of the ThirtyNinth CongressFor criticisms as well as several defenses of the Courts decisionsee Bush v. The Equal Protection Clause of the 14th Amendment prohibits states from denying any person within its jurisdiction the equal protection of the law. President Andrew Johnson Vetoed the Civil Rights bill of 1866 amid concerns among other things that Congress did not have the constitutional authority to pass such a law. The law intended to destroy the distinctions of race and color in respect to the rights secured by it. The equal protection clause could also be implicated when states redraw district lines racial gerrymandering. Inthe Court invalidated Michigans undergraduate admissions policyon the grounds that unlike the law schools policywhich treated race as one of many factors in an admissions process that looked to the individual applicantthe undergraduate policy used a point system that was excessively mechanistic. Depending on the factsthe Supreme Court has applied a mixture of the aforementioned tests. Such action may be used as a tiebreaker if all other factors are inconclusiveor may be achieved throughCongress enacted raceconscious programs primarily to assist newly freed slaves who had personally been denied many advantages earlier in their lives. Chief Justice announced from the bench that the Court would not hear argument on the question whether the equal protection clause applied to corporations We are all of the opinion that it does. Whatever its precise originsthe basic idea of the modern approach is that more judicial scrutiny is triggered by purported discrimination that involves such as the right to procreationand similarly more judicial scrutiny is also triggered if the purported victim of discrimination has been targeted because he or she belongs to a 1942which involved depriving certain criminals of the fundamental right to procreate When the law lays an unequal hand on those who have committed intrinsically the same quality of offense and sterilizes one and not the otherit has made as invidious a discrimination as if it had selected a particular race or nationality for oppressive treatment.
No state statute was in questionand therefore the Equal Protection Clause did not apply. Thussome writers suggest that there is a spectrum of levels of scrutinyrather than three distinct categories. Usuallyif a purpose to discriminate is foundthe classification will be strictly scrutinized if it is based on racenational origin orin some situationscitizenship. The result of a lawthereforeis not relevant so long as there is no discrimination in its application. But Congress may by a vote of twothirds of each Houseremove such disability. The Supreme Court has made it clear that different levels of scrutiny will apply to different types of classifications. . Indeedit was on this argumentas well as on the legislative history of the Fourteenth Amendmentthat Justice. These laws severely restricted the rights of blacks to hold. The Act provided that all persons should have full and equal enjoyment of. Carolene Products isor ever has beenthe primary justification for invalidating laws embodying prejudice against racial minorities. In considering whether race is a predominant factorone must consider to what extent was the legislator motivated by individuals race rather than traditional raceneutral districting principles i. Court held thatif a school system became racially imbalanced due to social factors other than governmental racismthen the state is not as free to integrate schools as if the state had been at fault for the racial imbalance. Thusthe equal protection clause is crucial to the protection of Every equal protection clause issue can be broken down into three questions Moreoverthe equal protection clause analysis becomes more complicated when an individual is discriminated against because of his unique positions i. Discrimination against Lesbians and Gay Men is Sex Discrimination. Resurrecting the Privileges or Immunities Clause and Revising the SlaughterHouse Cases Without Exhuming Lochner Individual Rights and the Fourteenth Amendment Congress and the Fourteenth Amendment Enforcing Liberty and Equality in the Statesp. Justice John Marshall Harlan II sought to interpret the Equal Protection Clause in the context of Section 2 of the same amendment 1927 that the Fourteenth Amendment prohibited denial of the vote based on race. Exclusion of blacks from juriesthe Court concludedwas a denial of equal protection to black defendantssince the jury had been drawn from a panel from which the State has expressly excluded every man of the defendants race. The Court set the case for reargument on the question of how to implement the decision. Many commentators have notedhoweverand Justice Thurgood Marshall so notes in his partial concurrencethat the Court did appear to examine the City of Cleburnes denial of a permit to a group home for intellectually disabled people with a significantly higher degree of scrutiny than is typically associated with the rationalbasis test. Traditionallythe Court finds a state classification constitutional if it has a rational basis to a legitimate state purpose. Howeverthe Supreme Court has instead responded that voting is a fundamental right on the same plane as marriage for any discrimination in fundamental rights to be constitutionalthe Court requires the legislation to pass strict scrutiny. The trial courts and localities were told to desegregate with all deliberate speed. Other scholars disagreearguing that homophobia is distinct from sexismin a sociological senseand so treating it as such would be an unacceptable judicial shortcut. The first truly landmark equal protection decision by the Supreme Court was excluding blacks from serving on juries. As the Supreme Court clarified in135 S. Supreme Court permitted a state to tax personal property of corporations without also taxing personal property of individuals. On other handso long as the government shows that the classification theoretically advances government purposethe challenge fails. A primary motivation for this clause was to validate the equality provisions contained in thewhich guaranteed that all people would have rights equal to those of all citizens. As the Supreme Court explained in539 U. Similarlyif a law creates a disparate impact but this impact was not the purpose of the lawit will survive an equal protection challenge. It was not this holding that proved especially controversial among commentatorsand indeedthe proposition gained seven out of nine votes Justices joined the majority of fivebut onlyit should be emphasizedfor the finding that there was an Equal Protection violation.