Jonah Patel
The concept of equality in the US Constitution has evolved over time, with various amendments and legal interpretations shaping its meaning. The Fourteenth Amendment, ratified in 1868, introduced the ideal of equality, promising equal protection of the laws and directly prohibiting certain state actions. This amendment, which made former slaves citizens of the United States and their states of residence, was a key expansion of the national government's power over the states. While it was initially used to protect the rights of corporations, it laid the foundation for future interpretations and expansions of equality. The struggle for gender equality, led by feminists like Ruth Bader Ginsburg, resulted in the Nineteenth Amendment, which granted women the right to vote, and the ongoing push for the Equal Rights Amendment (ERA) seeks to enshrine gender equality in the Constitution. Despite these advancements, the US Constitution still falls short of guaranteeing fundamental equality for all, with ongoing debates surrounding the rights of immigrants, LGBTQ+ individuals, and racial minorities.
| Characteristics | Values |
|---|---|
| First appearance in the US Constitution | Fourteenth Amendment |
| Equality in | Citizenship, treatment under the law, and possession of fundamental human rights |
| Applicable to | Race, gender, color, ethnicity, religion, disability, sexual orientation, gender identity, nationality, language, origin, social status, and immigration status |
| Interpretations | Equality in civil rights, not equality in social arrangements |
| Notable figures | Justice Ruth Bader Ginsburg, Justice Harlan, Justice Henry B. Brown, Justice Field, Charles Sumner, Alice Paul |
Explore related products
What You'll Learn
The Fourteenth Amendment
The amendment also includes the Insurrection Clause, which disqualifies individuals who have engaged in insurrection or rebellion against the Constitution from holding specific offices. However, Congress may remove this disability by a two-thirds vote in each House. The Fourteenth Amendment further addresses the validity of the public debt of the United States and states that neither the US nor any state shall assume debts incurred in aid of insurrection or rebellion.
While some historians argue that the Fourteenth Amendment was intended to solidify the 1866 Civil Rights Act, others interpret it as a guarantee of equal rights for all in the United States. Over time, the Fourteenth Amendment has been used to enforce equal protection and due process rights, with Congress being granted the power to enforce it, leading to landmark legislation like the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
The First Constitution: A New World Order
You may want to see also
The Citizenship Clause
> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Sexual Conduct Crimes: Underage Victims and Their Rights
You may want to see also
The Equal Protection Clause
The concept of equality was first introduced to the US Constitution with the Fourteenth Amendment, which was passed by Congress on June 13, 1866, and ratified on July 9, 1868. The Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people.
The Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection. This clause forces a state to govern impartially and not draw distinctions between individuals based on differences irrelevant to a legitimate governmental objective. The text of the Equal Protection Clause states:
> "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 Fifth Amendment's Due Process Clause similarly requires the United States government to practice equal protection. When an individual believes that either the federal or state government has violated their guaranteed equal rights, they can bring a lawsuit against that governmental body.
To bring such a lawsuit, the individual must first prove that the governing body discriminated against them and that the governing body's action resulted in actual harm to them. The court will then scrutinize the governmental action in one of three ways: strict scrutiny, intermediate scrutiny, or rational basis scrutiny.
In the decades following the ratification of the Fourteenth Amendment, the Supreme Court often interpreted the amendment in cases dealing with the rights of corporations rather than the rights of African Americans. For example, in the late 19th and early 20th centuries, the Equal Protection Clause was used to strike down numerous statutes applying to corporations. In one of its most contentious interpretations of the Equal Protection Clause, the Supreme Court in Plessy v. Ferguson (1896) upheld a Louisiana Jim Crow law that required the segregation of blacks and whites on railroads.
The First Day of Your Period: What Counts?
You may want to see also
Explore related products
The Civil Rights Act of 1866
The Act was primarily intended to protect the civil rights of people of African descent born in or brought to the United States in the aftermath of the American Civil War. It declared that all people born in the United States who are not subject to any foreign power are entitled to be citizens, regardless of race, colour, or previous enslavement. This marked a significant step towards shaping a multiracial society in the postwar South, as envisioned by Radical Republicans.
The Act was closely related to the Thirteenth Amendment, which abolished slavery, and the Fourteenth Amendment, which granted citizenship to freed slaves. The Fourteenth Amendment, ratified in 1868, further solidified the constitutionality of the Civil Rights Act of 1866. It introduced the concept of equality to the Constitution, promising "equal protection of the laws" and prohibiting certain state actions.
The Evolution of Portugal's First Republic Constitution
You may want to see also
The ERA and Equality Act
The concept of equality has evolved over time in the United States, with the country's constitution originally excluding women, LGBTQ+ individuals, people of colour, and immigrants from its definition of "We the people". While the Fourteenth Amendment, ratified in 1868, was intended to solidify the constitutionality of the 1866 Civil Rights Act, it has been interpreted differently over the years, with a focus on corporate rights rather than the rights of African Americans.
The Equal Rights Amendment (ERA) and the Equality Act are two pieces of legislation that aim to strengthen legal protections against discrimination and reinforce the fundamental principle of equality in the US Constitution. The ERA, first proposed to Congress in 1923 by feminist leaders Alice Paul and Crystal Eastman, seeks to guarantee equal rights for women and ensure that "equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex". Despite facing opposition from conservative religious and political organizations, as well as labour unions, the ERA has gained support from prominent feminists and activists, including Ruth Bader Ginsburg and Gloria Steinem. As of 2020, 38 states have ratified the ERA, but its inclusion in the Constitution is still uncertain due to lapsed ratification deadlines and states rescinding their prior approval.
The Equality Act, pending in Congress alongside the ERA, aims to provide legal protections against discrimination based on sex, sexual orientation, and gender identity. While the ERA focuses on gender equality, the Equality Act addresses the rights of LGBTQ+ individuals, who have faced opposition from conservatives using fear tactics and pitting marginalized groups against each other. Despite the controversy surrounding these pieces of legislation, they represent a crucial step towards ensuring fundamental equality under the law for all Americans, regardless of their gender, sexual orientation, or identity.
The ERA and the Equality Act are part of a broader movement for equality in the United States, building upon the successes of the women's suffrage movement and the adoption of the Nineteenth Amendment, which granted women the right to vote. While there have been setbacks and challenges, such as the opposition faced by the ERA in the 1970s and 1980s, the persistence of gender discrimination, and the lack of equal representation, the ongoing activism and resurgence of the women's movement demonstrate a continued commitment to achieving full equality for all.
The First Constitution: Undemocratic and Unrepresentative
You may want to see also
Frequently asked questions
The Fourteenth Amendment was passed in 1868 to grant citizenship to freed slaves and promise them equal treatment under the law. It also introduced the concept of equality to the US Constitution for the first time.
The Equal Protection Clause is part of the Fourteenth Amendment, which states that "no state shall [...] deny to any person within its jurisdiction the equal protection of the laws." This clause has been used to argue for the equal rights of African Americans, as well as for the rights of corporations.
The ERA is a proposed amendment to the US Constitution that seeks to guarantee equality for all, regardless of sex. It was first proposed to Congress in 1923 by feminist leader Alice Paul, who believed that explicit protections for women were necessary in the Constitution.
