Eleanor Finch
The Equal Protection Clause, which is part of the first section of the Fourteenth Amendment to the United States Constitution, provides that nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws. The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses many aspects of citizenship and the rights of citizens. The Equal Protection Clause mandates that individuals in similar situations be treated equally by the law, and it has been the subject of much debate, inspiring the phrase Equal Justice Under Law. The clause has been applied in landmark cases such as Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts).
| Characteristics | Values |
|---|---|
| Part of the US Constitution | Fourteenth Amendment |
| Section | First |
| Date of Effect | 1868 |
| Purpose | To mandate that individuals in similar situations be treated equally by the law |
| Motivation | To validate the equality provisions contained in the Civil Rights Act of 1866 |
| Landmark Cases | Brown v. Board of Education, Roe v. Wade, Bush v. Gore, Reed v. Reed, University of California v. Bakke |
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What You'll Learn
The Fourteenth Amendment and citizenship
The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses many aspects of citizenship and the rights of citizens. The amendment states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside. This provision overturned the Supreme Court's 1857 decision in Dred Scott v. Sandford, which held that people of African descent, whether free or enslaved, could not be considered citizens of the United States.
The Fourteenth Amendment also includes the Equal Protection Clause, which mandates that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." This clause requires that individuals in similar situations be treated equally by the law. The Equal Protection Clause has been at the centre of many landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts).
Another important aspect of the Fourteenth Amendment is its impact on voting rights. The amendment addresses the situation where the right to vote for President, Vice President, Representatives in Congress, or state officials is denied to male citizens over twenty-one years of age. In such cases, the basis of representation for that state shall be reduced proportionally. This provision ensures that states do not unfairly restrict the voting rights of their citizens.
Furthermore, the Fourteenth Amendment prohibits individuals who have engaged in insurrection or rebellion against the United States from holding certain offices. However, Congress may, by a two-thirds vote of each House, remove this disability. Additionally, the amendment addresses the validity of public debt incurred during insurrection or rebellion, stating that neither the United States nor any state shall assume or pay any debt incurred in aid of insurrection or rebellion.
The Fourteenth Amendment also includes provisions for apportionment of representatives among the states. It states that representatives shall be apportioned according to the respective numbers of each state, counting all persons excluding untaxed Indians. This apportionment ensures that states are represented proportionally in Congress based on their population.
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The Civil Rights Act of 1866
The Act stated that all people born in the United States, except for American Indians, are citizens of the United States, regardless of race, colour, or previous condition of slavery. It also provided that citizens of every race and colour have the same rights as white citizens 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. Additionally, the Act guaranteed all citizens the "full and equal benefit of all laws and proceedings for the security of person and property".
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Voting rights
The Fourteenth Amendment to the United States Constitution, which came into effect in 1868, contains the Equal Protection Clause in its first section. This clause mandates that individuals in similar situations be treated equally by the law. It was primarily intended to address racial discrimination, validating the equality provisions of the Civil Rights Act of 1866, which guaranteed equal protection under the law for all citizens. The Fourteenth Amendment also granted citizenship to formerly enslaved people, establishing birthright citizenship and, consequently, extending the right to vote to many citizens, particularly people of colour, who had previously been denied this right.
The Equal Protection Clause has been central to several landmark voting rights cases. For instance, in Dunn v. Blumstein (1972), the Court struck down a Tennessee statute that imposed a residency requirement of one year in the state and three months in the county, protecting the right to vote for citizens who had recently moved. In Bush v. Gore (2000), the Equal Protection Clause was used to argue that the Florida Supreme Court had violated the clause by failing to establish uniform standards for counting ballots across counties during the 2000 presidential election recount. The Court agreed, stating that once the right to vote is granted equally, a state cannot devalue one person's vote over another through arbitrary and disparate treatment.
The Equal Protection Clause has also been invoked in cases challenging gerrymandering and the creation or maintenance of electoral practices that dilute and weaken the voting strength of racial minorities. The Court has interpreted the Equal Protection Clause to require that electoral districts within a redistricting map contain an approximately equal number of people, ensuring that each person's vote holds equal weight. This interpretation has been used to address minority vote dilution and prevent the denial or abridgement of the right to vote based on race, colour, or membership in a language minority.
While the Equal Protection Clause has been pivotal in protecting voting rights, it is important to note that it does not explicitly extend to voting rights. Instead, it focuses on equal protection under the law for all citizens, ensuring that similar situations are treated alike. The specific application of the clause to voting rights has been a subject of debate and interpretation by the Court, shaping the legal landscape surrounding voting rights in the United States.
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Landmark cases
The Fourteenth Amendment to the United States Constitution, which came into effect in 1868, contains the Equal Protection Clause. This clause mandates that individuals in similar situations be treated equally by the law. The meaning of the Equal Protection Clause has been the subject of much debate and has been frequently litigated. Here are some landmark cases that have interpreted and applied the Equal Protection Clause:
Brown v. Board of Education
This case addressed racial discrimination in the context of public education. The Supreme Court found that segregation in public schools based on race was a violation of the Fourteenth Amendment's Equal Protection Clause. This case marked a significant step towards racial equality in education.
Roe v. Wade
Roe v. Wade is a landmark case that centred around reproductive rights. While not directly quoting the Fourteenth Amendment, the case law surrounding it has been influenced by the amendment's interpretation of the right to privacy.
Bush v. Gore
This case addressed the controversial recount in Florida during the 2000 presidential election. The Supreme Court's decision in this case was based on the Equal Protection Clause, holding that different standards of counting ballots across the state violated the clause's guarantee of equal protection under the law.
Reed v. Reed
Reed v. Reed is a significant case addressing gender discrimination. While the specifics of the case are not commonly discussed, it is known for its interpretation and application of the Fourteenth Amendment, specifically regarding equal protection under the law.
University of California v. Bakke
This case examined racial quotas in education, specifically in the admissions process at the University of California. The Court found that universities may use race as a factor in admissions but only if it does not result in "fixed quotas". This decision started a line of cases upholding affirmative action programs.
Mapp v. Ohio
Mapp v. Ohio (1961) dealt with the issue of illegally obtained evidence by the police. The Court held that evidence obtained through an illegal search or seizure could not be used against an individual, even if it was obtained before the Court's decision in this case. This case was significant in protecting individuals' rights and ensuring that law enforcement adheres to constitutional standards.
Gideon v. Wainwright
Gideon, a Florida resident, was charged with breaking and entering and requested an attorney due to his poverty. The Florida court denied his request, and he represented himself, ultimately losing the case. Gideon appealed, arguing that he had a constitutional right to legal representation. The United States Supreme Court agreed, ruling that state courts must provide counsel in criminal cases for defendants who cannot afford attorneys, as guaranteed by the Fourteenth Amendment.
Dunn v. Blumstein
This case addressed the issue of durational residency requirements and their impact on newcomers' right to vote. The Court found that such requirements were constitutionally insufficient to justify the classification between long-term and new residents, protecting the constitutional right to travel and equal protection under the law.
Rodriguez v. Popular Democratic Party
In this case, the Court interpreted the Equal Protection Clause in the context of filling political offices. The Court unanimously sustained a Puerto Rico statute that allowed an incumbent legislator's political party to designate their successor until the next general election. This case demonstrated the flexibility of the Equal Protection Clause in allowing for methods other than elections to fill offices.
Avery v. Midland County
Avery v. Midland County addressed the issue of population equality in the context of local government elections. The Court held that when a state delegates lawmaking power to local governments with elections by district, the districts must be established with substantially equal populations. This case ensured that the principle of "one person, one vote" was upheld.
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Equality and discrimination
The Fourteenth Amendment to the United States Constitution, which came into effect in 1868, contains the Equal Protection Clause in its first section. This clause mandates equality before the law for all persons within a state's jurisdiction, stating that:
> "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws."
The Fourteenth Amendment was a significant shift in American constitutionalism, imposing many more restrictions on the states than before the Civil War. The Equal Protection Clause was partly a response to the inequality imposed by Black Codes, and its primary motivation was to validate the equality provisions of the Civil Rights Act of 1866, which guaranteed that:
> "all citizens shall have the right to equal protection under the law."
The Equal Protection Clause has been central to many landmark cases, including those concerning racial discrimination, reproductive rights, voting rights, gender discrimination, and racial quotas in education. The clause has also been invoked in cases involving absentee voting rights for jail inmates and convicted misdemeanours.
Despite the Equal Protection Clause's mandate for equality, it has been interpreted to allow for certain types of discrimination. For example, the Court has explicitly stated that the Fourteenth Amendment does not prohibit discrimination based on sex or other factors, such as age or educational qualifications. Instead, its primary aim was to address discrimination based on race or colour.
Furthermore, the Equal Protection Clause has been interpreted to apply only to acts "sanctioned in some way" by the state, as outlined in the "state action doctrine" from the Civil Rights Cases of 1883. This means that private actors or entities are not bound by the clause in the same way that state or government actors are.
In terms of voting rights, there has been debate over the extent to which the Equal Protection Clause applies. While it has been used to protect voting rights, some argue that it does not extend to voting rights due to the existence of the Fifteenth and Nineteenth Amendments, which specifically address voting rights.
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Frequently asked questions
The Fourteenth Amendment.
It provides that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws."
1868.
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.
Bush v. Gore (2000), which concerned the controversial recount in Florida in the aftermath of the 2000 presidential election.
