Isabella Carter
The United States Constitution's Fourteenth Amendment, ratified in 1868, was intended to guarantee equal civil and legal rights to all citizens, specifically extending liberties and rights to formerly enslaved people. The Equal Protection Clause, part of the first section of the Fourteenth Amendment, mandates that individuals in similar situations be treated equally by the law. Despite this, the US has a long history of racial discrimination, particularly against African Americans, and the interpretation of the Equal Protection Clause has been contentious, with Supreme Court decisions impacting affirmative action, same-sex marriage, and more.
| Characteristics | Values |
|---|---|
| Date of Amendment | 13 June 1866 (passed by Congress) and 9 July 1868 (ratified) |
| Purpose | To prevent states from discriminating against Black people and to extend liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Notable Cases | Romer v. Evans (1996), Lawrence v. Texas (2003), United States v. Windsor (2013), Obergefell v. Hodges (2015), Regents of the University of California v. Bakke (1978) |
| Equality of Opportunity | Treating people as individuals, not as components of a particular race or group |
| Disparate-Impact Liability | Employers cannot act in the best interests of the job applicant, the employer, and the American public |
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What You'll Learn
The Fourteenth Amendment
The Citizenship Clause of the Fourteenth Amendment overruled the Supreme Court's Dred Scott decision, which held that African Americans could not become citizens. The Fourteenth Amendment established that all persons born or naturalized in the United States and subject to its jurisdiction are citizens, thereby granting citizenship to formerly enslaved individuals.
The Due Process Clause of the Fourteenth Amendment applies the protections of the Fifth Amendment to state governments, safeguarding citizens against arbitrary denial of life, liberty, or property. This includes both procedural due process, which outlines the processes for restraining these rights, and substantive due process, which involves the government's justification for its actions.
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The Civil Rights Act of 1866
The Act was mainly intended to protect the civil rights of persons of African descent born in or brought to the United States, in the wake of the American Civil War. It stated that all people born in the United States who are not subject to any foreign power are citizens, without regard to race, colour, or previous condition of slavery. It also guaranteed that any citizen has the same rights as a white citizen to make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, sell, hold, and convey real and personal property.
The Act also guaranteed to all citizens the "full and equal benefit of all laws and proceedings for the security of person and property". Persons who denied these rights on account of race or previous enslavement were guilty of a misdemeanour and upon conviction faced a fine not exceeding $1,000, or imprisonment not exceeding one year, or both.
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Affirmative action
The US Constitution's Equal Protection Clause, which came into effect in 1868, mandates that individuals in similar situations be treated equally under the law. However, the interpretation of this clause has been a subject of debate, and it has not always been applied equally to all citizens.
In the context of education, affirmative action has been a contentious issue. While some cases, like Brown v. Board of Education, laid the groundwork for desegregating schools, other cases, such as Regents of the University of California v. Bakke, highlighted the complexity of affirmative action in higher education. The University of California's Medical School reserved 16 spots for minority students in each entering class, but the Supreme Court found that racial quotas were unconstitutional. The University of Michigan's use of a points-based system in admissions was also challenged in Gratz v. Bollinger.
In employment, affirmative action seeks to increase diversity and tackle discrimination. The Philadelphia Plan, initiated by the Nixon administration in 1969, aimed to guarantee fair hiring practices in construction jobs, addressing the exclusion of Blacks from certain industries. Employers contracting with the government or receiving federal funds are required to document their affirmative action practices. However, affirmative action has faced criticism, with some arguing that it results in the selection of less qualified candidates and breeds racial tensions.
While affirmative action has been a tool to address historical inequalities, it has also faced legal challenges and varying interpretations. As of 2024, the focus has shifted towards diversity, equity, and inclusion, and several states have banned the use of affirmative action in the employment process. The Supreme Court's ruling in 2023 rejected race-based affirmative action in college admissions, declaring it unconstitutional.
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Equality of opportunity
The Fourteenth Amendment, which came into effect in 1868, introduced the notion of equality to the US Constitution for the first time. The amendment's most frequently litigated phrase is "equal protection of the laws," which has been used in landmark cases such as Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts). The Fourteenth Amendment's Citizenship Clause grants US and state citizenship at birth to all those under the jurisdiction of the United States.
The Fourteenth Amendment's Equal Protection Clause mandates that individuals in similar situations be treated equally by the law. Its original purpose was to protect African Americans from discrimination, but its broad wording has led to its application to all forms of racial discrimination. Despite this, systemic and intergenerational racial discrimination, particularly against African Americans, persists.
The Equal Protection Clause has been interpreted to mean that states cannot deny any person within their jurisdiction equal protection under the law. This clause has been used to challenge discrimination in jury selection and to strike down bans on interracial marriage. The Supreme Court has also used the Equal Protection Clause to prohibit discrimination on bases other than race, such as in Romer v. Evans (1996), where the Court struck down a Colorado constitutional amendment aimed at denying homosexuals certain protections.
The interpretation and application of the Equal Protection Clause continue to evolve. One contentious issue is the constitutionality of affirmative action or racial preference programs, which aim to increase opportunities for underrepresented racial groups. While these programs are well-intentioned, some argue that they are morally questionable and have unintended negative consequences.
Disparate-impact liability is a legal concept that holds that unlawful discrimination exists when there are differences in outcomes among different groups, even if there is no explicit discriminatory policy or intent. This concept has been criticised for undermining national values, conflicting with equal protection under the law, and hindering businesses from making decisions based on merit.
The principle of equality of opportunity guarantees that all citizens are treated equally under the law and are treated as individuals, regardless of race or sex. It encourages meritocracy and a colourblind society, promoting equal access to opportunities based on individual strengths and achievements.
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Equal Protection Clause
The Equal Protection Clause, part of the first section of the Fourteenth Amendment to the US Constitution, took effect in 1868. It mandates that individuals in similar situations be treated equally by the law and that no state shall deny any person within its jurisdiction the equal protection of the laws. The clause was primarily intended to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law.
The Fourteenth Amendment marked a significant shift in American constitutionalism, imposing more constitutional restrictions on the states than before the Civil War. The Equal Protection Clause was also a response to the Dred Scott v. Sandford decision in 1857, where the Supreme Court ruled that black men, regardless of their free or enslaved status, lacked legal rights under the US Constitution. The Amendment was meant to protect black Americans from discrimination and ensure their rights as citizens.
Despite its original purpose, the Equal Protection Clause has been interpreted and applied broadly. For example, it has been used to challenge racial segregation in cases like Brown v. Board of Education (1954) and to legalise same-sex marriage in Obergefell v. Hodges. The Clause has also been central to debates around affirmative action, with some arguing that it is unconstitutional to give preferential treatment to certain racial groups in college admissions, employment, and government contracts.
The Equal Protection Clause has been invoked in various landmark cases, including Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), and Reed v. Reed (gender discrimination). It continues to be a crucial aspect of US law, ensuring that state governments govern impartially and do not draw distinctions between individuals based on irrelevant differences.
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Frequently asked questions
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. It mandates that individuals in similar situations be treated equally by the law.
Passed in 1868, the Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It also granted citizenship to "All persons born or naturalized in the United States".
The Equal Protection Clause has been used to challenge discrimination based on race, gender, and sexual orientation. For example, in 1872, the Alabama Supreme Court ruled that the state's ban on mixed-race marriage violated the Equal Protection Clause. In 1996, the Court's decision in Romer v. Evans struck down a Colorado constitutional amendment aimed at denying homosexuals "minority status, quota preferences, protected status or [a] claim of discrimination."
