Further Readingįor more on equal protection, see this Harvard Law Review article, this University of Pennsylvania Law Review article, and this Columbia University Law Review article. It is important to note that courts have combined elements of two of the three tests to create an ad hoc test. The Fourteenth Amendment promises that all persons in the United States shall enjoy the equal protection of the laws. The court will determine which scrutiny the individual will be subject to, relying on legal precedent to determine which level of scrutiny to use. The individual will need to prove that the governing body's action resulted in an actual harm to the individual. After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny. When an individual believes that either the federal government or a state government has violated that individual's guaranteed equal rights, that individual is able to bring a lawsuit against that governmental body for relief.īased on the type of discrimination alleged, the individual will first need to prove that the governing body actually discriminated against the individual. How does the language of the equal protection clause show intention to safeguard all groups civil liberties This clause took effect in 1868. The Fifth Amendment's Due Process Clause requires the United States government to practice equal protection. The Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection.Įqual protection forces a state to govern impartially-not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights. The Equal Protection Clause of the fourteenth amendment prohibits states from denying any persons within its jurisdiction the protection of the laws. Permissible Discriminationīefore proceeding, it is important to remember that a government is allowed to discriminate against individuals, as long as the discrimination satisfies the equal protection analysis outlined below, and described in full detail in this Santa Clara Law Review article. This mandates that no state shall deny to any person within its jurisdiction the. ![]() ![]() 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. In addition, the Fourteenth Amendment contains the equal protection clause. First Amendment with reference to the Equal Protection Clause.
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