Preview

Equal Protection Clause Analysis

Good Essays
Open Document
Open Document
353 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Equal Protection Clause Analysis
Within the United States Constitution is The Equal Protection Clause of the 14th amendment which essentially prohibits “unreasonable discrimination.” It states that every person should be treated equally regardless of condition or circumstances within the jurisdiction of each state. The Equal Protection Clause is written in such a manner to protect people from unlawfully being classified with discriminatory classifications. The court will deem a classification constitutional if it contains “rational basis” for a “legitimate purpose”.
Over a span of time, the Supreme Court developed what is referred to as a 3-tier approach in which to analyze the Equal Protection Clause: Rational Basis Review, Intermediate Scrutiny, and Strict Scrutiny. Other
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Walmart, Inc. V. Dukes Summary
    • 296 Words
    • 2 Pages

    Walmart, Inc. V. Dukes Summary

    Title VII of the Civil Rights Act of 1964 prohibits discrimination of employees on the basis of race, color, religion, sex or national origin (see 42 U.S.C. § 2000e-2[31]). Title VII also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin. An employer cannot discriminate against a person because of his interracial association with another, such as by an interracial marriage.…

    • 296 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Brace Me USOT Analysis Answers
    • 1153 Words
    • 5 Pages

    Brace Me USOT Analysis Answers

    Gender discrimination (sex discrimination) is discrimination against a person because of his or her gender (Cheeseman, 2016). Religious Discrimination is the right of an employee to practice his or her religion is not absolute. Under Title VII, an employer is under a duty to reasonably accommodate the religious observances, practices, or beliefs of its employees if doing so does not cause an undue hardship on the employer (Cheeseman, 2016). Age Discrimination is the right of an employee to practice his or her religion is not absolute. Under Title VII, an employer is under a duty to reasonably accommodate the religious observances, practices, or beliefs of its employees if doing so does not cause an undue hardship on the employer. Genetic Discrimination is discrimination based on information from which it is possible to determine a person’s propensity to be stricken by diseases. Discrimination Against People with Disabilities is a federal statute that imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities. Equal Pay Act is a federal statute that protects both sexes from pay discrimination based on sex. It extends to jobs that require equal skill, equal effort, equal responsibility, and similar working conditions. Sexual harassment is…

    • 1153 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Ethics 125 Week 3 Appendix C
    • 784 Words
    • 4 Pages

    Ethics 125 Week 3 Appendix C

    |Discrimination |The denial of opportunities and equal rights in individuals and groups because of prejudice |…

    • 784 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Equality 7-2521 Anthem Analysis
    • 366 Words
    • 2 Pages

    Equality 7-2521 Anthem Analysis

    The significance of nature in anthem is the way liberty 5-3000 her job is to plant seeds in the Home of the Peasants in their city. What this says about equality 7-2521 that they feel in love with liberty 5-3000 as soon as they laid eyes on them. Equality have something for liberty and nature. The men never entered the Uncharted Forest. The power of the Equality that they have discovered is electricity. The golden one has brought water to Equality lips. The water significance in anthem is to wash away the old.…

    • 366 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Assess The Significance Of The Section 14th Amendment
    • 792 Words
    • 4 Pages

    Assess The Significance Of The Section 14th Amendment

    Civil rights law in the United States is a complex system that includes both constitutional and statutory elements. The Fourteenth Amendment, a landmark constitutional provision, prohibits states from denying equal protection of laws to persons within their jurisdictions. Since the 1940s, the Supreme Court has ruled that all state-sponsored racial discrimination is inherently suspect, and the principle of equal protection applies to the federal government and its agencies via the Due Process Clause of the Fifth Amendment. In the modern era, the Supreme Court has recognized that the constitutional principle of equal protection applies to other forms of intentional, official discrimination, including gender, sexual orientation, age, disability, and immigration status. Congress has enacted laws to enforce the constitutional principle of equal protection, affecting not only governmental agencies but also private institutions receiving federal funding.…

    • 792 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Compare And Contrast Grutter And Gratz
    • 1320 Words
    • 6 Pages

    Compare And Contrast Grutter And Gratz

    Distinguished, set apart from, or excelling others of its kind. Or in other words, special treatment. The law likes to stand by a claim that no group of people receives special treatment, while coincidently, no group receives unfair treatment. However, the world we live in is not a perfect one, so discrimination is a common thing. The most common form of discrimination our country experiences is racial discrimination. Minority groups living in America often feel that they are discriminated against. The Constitution of the United States has strived to create a world where people from every race and ethnicity can enjoy the same natural rights in our country.The Equal Protection Clause of the Fourteenth Amendment, states…

    • 1320 Words
    • 6 Pages
    Better Essays
    Read More
  • Good Essays

    Criminal Procedure In The 1960s And 1970s
    • 842 Words
    • 4 Pages

    Criminal Procedure In The 1960s And 1970s

    Discrimination is a huge issue that leads to unfair stops and frisks, cruel treatment during the booking process and can even effect your arraignment and/ or bail. It has been an underlining problem since the beginning. Although now, we do have several rights now that protect the everyday citizen from being discriminated against. These rights are the 4th 5th 6th 8th and 14th. There are major cases that have lead up to review of these amendments to better help the everyday citizen which will be discussed later.…

    • 842 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Equal Rights Amendment Pros And Cons
    • 1648 Words
    • 7 Pages

    Equal Rights Amendment Pros And Cons

    Since 1923, activists have been trying to pass the Equal Rights Amendment or ERA, which originally stated, "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. " The amendment was ignored during the twenty’s, thirties, and forties until it was reintroduced in 1951. The ERA was then dropped until 1970 when feminists across america fought to reestablish and expand it to not only cover gender equality but racial equity and age discrimination as well. Although the Equal Rights Amendment was passed in 1972 by both the House and senate the amendment has yet to be put into the constitution because only 35 states have ratified it since then. The same 15 states that refused to ratify…

    • 1648 Words
    • 7 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    What Is Strict Scrutiny?
    • 131 Words
    • 1 Page

    What Is Strict Scrutiny?

    Suspect classification is a class that has been historically discriminated. Strict Scrutiny is used by the courts and in which determine whether an act by the president , national, congress, or state is valid. Scrutiny is applied to the classifications that are unproven to violate constitutional rights to equal protection. Laws that treat people differently based on race and gender do violate the constitution requirements for “Equal Treatment” because for example, no person can be detained in jail for a crime unless directed by a jurisdiction. Equal protection comes into place where in states no person with life can be derived with life, liberty, or property. Strict Scrutiny is the standard that engages affirmative action cases. There are 3…

    • 131 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Equal Protection Clause
    • 634 Words
    • 3 Pages

    Equal Protection Clause

    The Virginia Military Institute was a higher education school in Virginia. It claimed to train the leaders of the future, or “citizen-soldiers” and impart to its students great discipline; however, it only enrolled male students. In 1996, the United States government sued the state of Virginia and the Virginia Military Institute for its male-only policy as a violation of the Fourteenth amendment’s Equal Protection Clause. The District Court ruled in the school’s favor. The Fourth Circuit “reversed and ordered Virginia to remedy the constitutional violation” (Van Camp). In return, Virginia proposed a similar program for women: the Virginia Women’s Institute for Leadership, which would be located at Mary Baldwin College, a private liberal arts…

    • 634 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Anti Discriminatory Practice
    • 2108 Words
    • 9 Pages

    Anti Discriminatory Practice

    Discrimination – The unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age or gender.…

    • 2108 Words
    • 9 Pages
    Good Essays
    Read More
  • Good Essays

    Equal Opportunity Rule
    • 889 Words
    • 4 Pages

    Equal Opportunity Rule

    The Equal opportunities rule is sometimes confused with the fairness doctrine because this doctrine, "never said that opposing views were entitled to equal time," (366), as the Equal opportunities rule mandates. The Fairness Doctrine was a regulation of the State 's Federal Communications Commission which required broadcast licensees to present controversial issues of public importance, and to present such issues in an honest, equal and balanced manner. The, "equal {opportunities} rule {basically} require {d} equal air time for all major candidates competing for political office. It was preceded by the fairness doctrine, abolished in 1987, which required radio and television broadcasters to air contrasting views on controversial public issues," (http://www.factmonster.com/ce6/society/A0909692.html).…

    • 889 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Equality Act 2010 Essay
    • 1100 Words
    • 5 Pages

    Equality Act 2010 Essay

    The Equality Act came into force in October 2010 and was set up in order to legally protect people from discrimination in the workplace and outer society. The Equality Act replaced all of the anti-discrimination laws such as Sex Discrimination Act 1975, Equal Pay Act 1970, Race Relations Act 1976 and the Disability Discrimination Act 1995 with one law covering them all. The Act protects employees from being discriminated against in the work place and mainly covers the three areas of discrimination which are religion or belief, sexual orientation and age.…

    • 1100 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Unit 1 Equality And Diversity 2014
    • 4748 Words
    • 20 Pages

    Unit 1 Equality And Diversity 2014

    Discrimination can also be against a person’s sex, gender, disability, sexual orientation, religion, belief, race or age.…

    • 4748 Words
    • 20 Pages
    Good Essays
    Read More
  • Powerful Essays

    Racial profiling.
    • 1560 Words
    • 5 Pages

    Racial profiling.

    The equal protection clause can be found in the Fourteenth Amendment of the Constitution. It simply states that, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States...nor deny to any person within its jurisdiction the equal protection of the laws." In other words, this meant that the Constitution would become 'color-blind'. State laws would no longer be allowed to treat whites and blacks differently. The Supreme Court relied heavily upon the "separate but equal" doctrine to determine when a state law violated the equal protection clause. This is also how the Supreme Court would determine what is considered to be discrimination. In order to prove that a state is guilty of discrimination there must…

    • 1560 Words
    • 5 Pages
    Powerful Essays
    Read More