Malcolm Rivera
The Fourteenth Amendment, passed by Congress in 1866 and ratified in 1868, is often cited as the clause in the US Constitution that calls for no discrimination. The amendment states that nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Equal Protection Clause was intended to prevent states from discriminating against citizens on the basis of race and colour. Despite this, in the period from 1868 to 1912, the Supreme Court interpreted the Fourteenth Amendment in far more cases dealing with the rights of corporations than with the rights of African Americans. The broad wording of the Fourteenth Amendment has also led to ongoing debates over whether it is unconstitutional for governments to consider race as a positive factor in university admissions, employment, and government contracting.
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What You'll Learn
The Fourteenth Amendment
One of the key provisions of the Fourteenth Amendment is its guarantee of citizenship to "All persons born or naturalized in the United States," which granted citizenship to those who had been previously enslaved. This amendment also includes the Equal Protection Clause, which requires states to govern impartially and not discriminate against individuals based on irrelevant differences. The exact wording is that no state shall "deny to any person within its jurisdiction the equal protection of the laws". This clause has been central to numerous landmark cases, including Brown v. Board of Education, which helped dismantle racial segregation in education, and Obergefell v. Hodges, which legalised same-sex marriage.
In the decades following the ratification of the Fourteenth Amendment, the Supreme Court interpreted it in a relatively narrow manner, focusing more on the rights of corporations than on the rights of African Americans. Despite this, the amendment has been invoked in numerous cases challenging racial discrimination and segregation. For example, in Yick Wo v. Hopkins (1886), the Supreme Court interpreted the word "person" in the amendment broadly, affirming that the equal protection of the laws applies to all persons within the US territorial jurisdiction, regardless of race, colour, or nationality.
However, in Plessy v. Ferguson (1896), the Supreme Court upheld a Louisiana law mandating segregation on railroads, cementing Jim Crow-era laws. This decision was not overruled until 1954 in Brown v. Board of Education, which marked a significant shift towards recognising the Fourteenth Amendment's original purpose of addressing racial discrimination against African Americans.
While the Fourteenth Amendment has been a powerful tool in the fight against discrimination, it has also faced criticism for failing to fully protect the rights of Black citizens during the Reconstruction era. The ongoing struggle for racial equality demonstrates the complex nature of constitutional interpretation and the need for continued efforts to uphold the promise of equal protection for all.
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The Civil Rights Act of 1866
The Act also declared that "all persons born in the United States," excluding American Indians, "are hereby declared to be citizens of the United States," regardless of race, colour, or previous condition of slavery. This marked a significant step towards shaping a multiracial society in the postwar South and was closely related to the Second Freedmen's Bureau Act of 1866.
While the Civil Rights Act of 1866 and the Fourteenth Amendment represented significant progress towards equality and non-discrimination, their implementation and interpretation faced challenges. The Supreme Court's interpretation of the Fourteenth Amendment in the late 19th and early 20th centuries focused more on corporate rights than on protecting African Americans from racial discrimination. Additionally, despite the Act's intention to protect African Americans, its broad wording has led to ongoing debates about the consideration of race in university admissions, employment, and government contracting.
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The Supreme Court
The Fourteenth Amendment, passed by Congress in 1866 and ratified in 1868, was intended to extend the liberties and rights granted by the Bill of Rights to formerly enslaved people. The Equal Protection Clause, part of the Fourteenth Amendment, was created to stop states from discriminating against Black people. The text of the clause is worded broadly, and it has evolved since its creation, now applying to the federal government as well.
The Equal Protection Clause has been the basis for many Supreme Court decisions rejecting discrimination, including Brown v. Board of Education (1954), which helped to dismantle racial segregation, and Obergefell v. Hodges, which legalised same-sex marriage. The Supreme Court has also rejected arguments that age and poverty should be considered suspect classifications.
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Racial discrimination
The Fourteenth Amendment's Equal Protection Clause is a critical provision in the US Constitution that guarantees all citizens equal protection under the law. The Clause was primarily intended to prevent states from discriminating against African Americans, a goal that was particularly relevant in the aftermath of the Civil War. While the text of the Clause is very broad, its original purpose was clear: to protect African Americans from discrimination and racial segregation.
Despite the Equal Protection Clause, racial discrimination has persisted in the United States, often in insidious and systemic forms. One example is the case of Buchanan v. Warley, which dealt with an ordinance prohibiting African Americans from occupying houses in predominantly white areas and vice versa. The Supreme Court invalidated this ordinance as a violation of the Equal Protection Clause. Another case, Brown v. Board of Education, was also based on the Equal Protection Clause and helped dismantle racial segregation in schools.
The Equal Protection Clause has also been applied to address discrimination against other racial and ethnic groups, such as Hispanics, Asians, and Native Americans. The Supreme Court has held that all racial discrimination is constitutionally suspect, and this has sparked debates about affirmative action and whether it is unconstitutional for governments to consider race as a positive factor in university admissions, employment, and government contracting.
While the Equal Protection Clause is a powerful tool in the fight against racial discrimination, it has its limitations. The Supreme Court has ruled that the Clause does not forbid governmental policies that unintentionally lead to racial disparities. Additionally, in the decades after the Fourteenth Amendment's ratification, the Supreme Court interpreted it far more frequently in cases dealing with corporate rights than with the rights of African Americans, illustrating how the Clause has sometimes fallen short of its original purpose.
Despite these challenges, the Fourteenth Amendment's Equal Protection Clause remains a cornerstone of civil rights in the United States, inspiring the well-known phrase "Equal Justice Under Law." It has been the basis for landmark Supreme Court decisions, such as Brown v. Board of Education, which rejected racial segregation, and continues to shape the nation's efforts to combat racial discrimination and ensure equal protection for all citizens.
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Suspect classifications
The Fourteenth Amendment, passed by Congress in 1866 and ratified in 1868, was intended to extend the liberties and rights granted by the Bill of Rights to formerly enslaved people. Section 1 of the amendment states that:
> [N]or shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
This "Equal Protection Clause" has been interpreted and applied in numerous ways since its ratification. While it was originally intended to protect the rights of Black citizens, the broad wording of the clause has led to its use in cases concerning a wide range of groups and issues.
One important aspect of the Equal Protection Clause is the concept of "suspect classifications". In the context of US constitutional law, a suspect classification refers to a group of people who are likely to be subjected to discrimination. When a law or government action affects a suspect classification, courts apply a strict scrutiny standard to review the constitutional validity of that law or action. This means that the government must have a compelling reason for the discrimination, and the discrimination must be carefully tailored to serve that reason.
The Supreme Court has recognised race, national origin, and religion as suspect classifications. The Court has also held that gender, immigration status, and wedlock status at birth qualify as suspect classifications. Other classifications, such as age and poverty, have been rejected as suspect classifications by the Court. There is ongoing controversy over whether sexual orientation should be considered a suspect classification. While it is not currently considered a federal suspect classification, some states, such as California, do classify sexual orientation as such.
In summary, suspect classifications are an important aspect of the Equal Protection Clause of the Fourteenth Amendment. They refer to groups of people who are likely to face discrimination, and when laws or government actions affect these groups, courts apply a strict scrutiny standard to review the constitutionality of those laws or actions. The Supreme Court has recognised several classifications as suspect, and the ongoing debate continues over whether sexual orientation should be included as well.
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Frequently asked questions
The Equal Protection Clause is part of the Fourteenth Amendment to the U.S. Constitution, which was passed in 1868 after the Civil War. The Fourteenth Amendment states that "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The original purpose of the Equal Protection Clause was to prevent states from discriminating against Black citizens.
Yes, while the original focus of the Equal Protection Clause was on racial discrimination, it has since been interpreted to prohibit discrimination based on other factors such as national origin, gender, immigration status, and wedlock status at birth.
The Equal Protection Clause has been used in several landmark Supreme Court cases, including Brown v. Board of Education (1954), which helped to dismantle racial segregation in schools, and Loving v. Virginia (1967), which struck down laws prohibiting interracial marriage.
The Equal Protection Clause applies specifically to state action, meaning it restricts the actions of federal and state governments. However, private discrimination can also violate the Equal Protection Clause if it is enforced by the courts or other state entities.
