Malcolm Rivera
The Constitution of the United States has a complex history with social equality, with various amendments and court rulings shaping its stance over time. The Fourteenth Amendment, ratified in 1868 after the Civil War, includes the Equal Protection Clause, which states that no state shall deny any person within its jurisdiction the equal protection of the laws. This clause was originally intended to prevent states from discriminating against African Americans and to validate the equality provisions of the Civil Rights Act of 1866. However, despite this, social equality has been a contentious issue, with the Supreme Court interpreting the Equal Protection Clause in different ways over the years. While it has been used to prohibit discrimination based on race, gender, immigration status, and other factors, there have also been rulings that upheld segregation and discriminatory laws. The ongoing interpretation and application of the Constitution continue to shape the understanding and pursuit of social equality in the United States.
| Characteristics | Values |
|---|---|
| Equality under the law | An American legal tradition |
| The Equal Protection Clause | Part of the first section of the Fourteenth Amendment |
| The Fourteenth Amendment | Meant to ensure equal rights for all in the U.S. |
| The Thirteenth Amendment | Ratified to end chattel slavery |
| The 19th Amendment | Meant to secure full equality for women |
| The Equal Rights Amendment (ERA) | Proposed to end legal distinctions between men and women |
| Disparate-impact liability | Holds that unlawful discrimination exists when there are differences in outcomes among groups |
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What You'll Learn
The Fourteenth Amendment
The amendment extended the liberties and rights granted by the Bill of Rights to formerly enslaved people, granting citizenship to "All persons born or naturalized in the United States," and prohibiting any state from depriving any person of "life, liberty, or property, without due process of law."
A key aspect of the Fourteenth Amendment is the "equal protection of the laws" clause, which has been central to many landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts). This clause ensures that no state can deny any person within its jurisdiction equal protection under the law, addressing racial discrimination and inequality.
The amendment has been interpreted and litigated in various ways over the years, including debates around affirmative action and the degree to which race can be considered in formulating remedies for past discrimination. Despite these ongoing discussions, the Fourteenth Amendment remains a crucial component of US law, providing a foundation for civil rights and equal protection under the law.
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Racial inequality in higher education
The Constitution of the United States has a complex history when it comes to social equality, especially in the context of racial inequality in higher education. The Fourteenth Amendment, which includes the Equal Protection Clause, was ratified after the Civil War in 1868 to prevent states from discriminating against Black Americans. Despite its good intentions, the broad wording of the Clause has led to differing interpretations over time.
One notable interpretation is the Plessy v. Ferguson case in 1896, where the Supreme Court ruled that separate but equal facilities for Blacks and Whites, such as train cars, did not violate the Equal Protection Clause as long as they were "reasonably suitable." This decision upheld racist Jim Crow-era laws and was only overruled in 1954 by the Brown v. Board of Education case, which marked a turning point in dismantling government-imposed segregation in education.
Despite these legal advancements, racial inequality in higher education persists. Recent studies from UC Berkeley and other institutions reveal that while overall college attendance has increased, Black and Latino students are becoming less likely to attend top-tier, four-year colleges compared to their White peers, even when controlling for family income and parents' education. This disparity is not simply a result of socioeconomic factors but points to systemic issues and experiences of racism and discrimination that students of color face.
The underrepresentation of racial minorities in selective institutions has significant implications for socioeconomic outcomes, perpetuating and widening the racial gap. This trend is especially concerning given the role of higher education in economic success. To address this deep-rooted inequality, proactive policy interventions are necessary, including considering a student's background during the admissions process.
Additionally, there are racial disparities in college degree completion rates. In 2022, while 26.1% of White adults and 33.1% of Asian adults held a bachelor's degree, only 12.8% of American Indian or Alaskan Native adults, 14.5% of Hispanic or Latino adults, 17.3% of Black or African American adults, and 19.5% of Native Hawaiian or other Pacific Islander adults had attained a bachelor's degree. These gaps persist despite increasing student diversity in higher education.
Furthermore, Black and Hispanic students are more likely to attend for-profit colleges and less likely to attend four-year public or nonprofit institutions. They also face higher rates of loan borrowing to finance their education, with 49.9% of Black or African American students taking out loans in the 2019-2020 academic year, the highest among the studied groups. These financial disparities further contribute to the racial inequality landscape in higher education.
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The Equal Protection Clause
> "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws."
The Fourteenth Amendment marked a significant shift in American constitutionalism, imposing greater constitutional restrictions on states than had been in place before the Civil War. The Equal Protection Clause was intended to validate the equality provisions in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law.
Despite its broad wording, the Equal Protection Clause has faced criticism for not initially offering sufficient protection against discrimination. For example, in Plessy v. Ferguson (1896), the Supreme Court upheld a Louisiana Jim Crow law that mandated the segregation of blacks and whites on railroads, ruling that the clause was intended to defend equality in civil rights, not equality in social arrangements.
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The Civil Rights Act of 1866
The Act stated that all citizens, regardless of race, had the right to make and enforce contracts, sue and be sued, provide evidence in court, and buy, sell, hold, and transfer real and personal property. Additionally, the act guaranteed that all citizens would have the "full and equal benefit of all laws and proceedings for the security of person and property." This meant that all citizens would be subject to the same punishments, penalties, and taxes. The Act also imposed penalties on those who violated these rights based on race or previous enslavement, with fines of up to $1,000 or imprisonment of up to one year, or both.
The Fourteenth Amendment, ratified in 1868, further solidified the principles of equality and equal protection under the law. It ensured that states could not deny any person within their jurisdiction the equal protection of the laws. The Equal Protection Clause, as it became known, has been interpreted and debated extensively, with a broad impact on civil rights and social equality in the United States.
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The Supreme Court's interpretation
In the infamous 1857 Dred Scott v. Sandford decision, the Supreme Court ruled that black men, whether free or enslaved, had no legal rights under the Constitution. This decision is widely believed to have set the stage for the Civil War and the subsequent ratification of the Fourteenth Amendment.
In Plessy v. Ferguson (1896), the Supreme Court upheld a Louisiana Jim Crow law that mandated the segregation of blacks and whites on railroads. The Court interpreted the Equal Protection Clause as defending equality in civil rights, not social arrangements, and thus ruled that separate but equal facilities for blacks and whites did not violate the Constitution. Justice John Marshall Harlan dissented, stating that "our Constitution is colour-blind."
It wasn't until 1954, in Brown v. Board of Education, that the Supreme Court unanimously overruled Plessy, holding that separate schools for blacks and whites violated the Equal Protection Clause. This marked a turning point in the struggle to dismantle government-imposed segregation in education and beyond.
The Supreme Court has continued to interpret the Equal Protection Clause broadly, prohibiting discrimination on the basis of not just race but also gender, immigration status, and wedlock status at birth. In Loving v. Virginia (1967), the Court ruled that laws prohibiting interracial marriages violated the Equal Protection Clause.
The principle of equality before the law is a bedrock principle of the United States, guaranteeing equality of opportunity rather than equal outcomes. This principle encourages meritocracy and a colour-blind society, treating individuals as such rather than as components of a particular race or group.
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Frequently asked questions
The Constitution's stance on social equality is outlined in the Equal Protection Clause, which is part of the Fourteenth Amendment. The Clause mandates that individuals in similar situations be treated equally by the law.
The Equal Protection Clause was ratified in 1868 after the Civil War. It was intended to stop states from discriminating against African Americans and to validate the equality provisions in the Civil Rights Act of 1866.
The Equal Protection Clause has been interpreted by the Supreme Court to prohibit discrimination on the basis of race, gender, immigration status, and wedlock status at birth, among other classifications. The Court has ruled that separate facilities for different races, such as in schools and on railroads, violate the Equal Protection Clause.
The Constitution has been used as a basis for the Equal Rights Amendment (ERA), which seeks to end legal distinctions between men and women. While the ERA has not been ratified, women have achieved greater equality through legal victories, including the Voting Rights Act of 1965.
Barriers to social equality in the United States include gerrymandering, voter registration, and voter ID laws, which can restrain the power of the vote. Additionally, the Constitution's promise of liberty and equality has yet to be fully realized for all citizens.
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