What Does Equal Protection Mean in Law

In the late nineteenth century, the Court considered whether racial segregation of government violated the constitution. If people were divided into different institutions by race, but those institutions were supposed to be equally suitable, does that constitute discrimination? Historians have debated whether the Fourteenth Amendment was intended to end this segregation, but in Plessy v. Ferguson (1896), the court ruled by a vote of 7 to 1 that so-called “separate but equal” facilities (in this case, railway cars) for blacks and whites did not violate the equality clause. The decision cemented racist Jim Crow-era laws. In a famous dissent, Justice John Marshall contradicted Harlan, stating, “Your constitution is colorblind.” Plessy remained the law of the land until 1954, when it was incorporated in Brown v. School Board. The Supreme Court unanimously rejected Plessy`s argument, ruling that separate schools for blacks and whites violated the equality clause. Brown was a turning point in a decades-long struggle to dismantle government-imposed segregation, not only in schools, but throughout American society. Brown was a turning point, but it wasn`t the end of the fight. For example, it was not until 1967 in Loving v. Virginia that the Supreme Court found that laws prohibiting interracial marriage violated equal protections. State A passes a law requiring all Hispanics in the state to provide proof of citizenship and residency before enrolling children in public school.

Does this provision violate constitutional protection? In Bush v. In Gore`s case, which dates back to the 2000 presidential election, the Supreme Court ruled that the selective recount of ballots in Florida violated the tie clause and preserved Bush`s narrow victory in Florida, including in the Electoral College. The purpose of the same protection was to compel states to govern impartially and not to make distinctions between individuals because of differences that are not essential to the government`s objectives. Therefore, the equality safeguard clause is crucial for the protection of civil rights. Equal protection requires a state to govern impartially – not just to make distinctions between individuals who are not relevant to a legitimate government objective. Therefore, the equality clause is crucial for the protection of citizens` rights. Good equal protection of the definition of the law is equivalent to individual equality, which is a broad concept that refers to an egalitarian society in which all persons are treated equally, regardless of: n. the right of all persons to equal access to the law and justice and to equal treatment of the law and the courts, both in procedure and in legal matters. It is similar to the right to due process, but applies in particular to equal treatment as an element of fundamental fairness. The most famous case on the subject is Brown v.

Board of Education of Topeka (1954), in which Chief Justice Earl Warren, acting unanimously by the Supreme Court, held that “separate but equal” educational institutions for blacks were inherently unequal and unconstitutional because the segregated school system did not give all students equal rights before the law. It also applies to other inequalities such as pay gaps for equal work or unequal taxation. The principle is enshrined in the 14th Amendment to the Constitution: “No state may. to deny to any person within its jurisdiction the same protection of the law. There were few laws protecting slaves from abuse, and such laws were rarely enforced. The U.S. Supreme Court upheld the institution of slavery in 1857, ruling that slaves were not citizens within the confines of the Constitution. The Court further held that slaves were merely property that did not enjoy constitutional protection. The importance of the equality safeguard clause has been the subject of much debate and has inspired the well-known expression “justice equal before the law”.

This clause formed the basis of Brown v. Board of Education (1954), the Supreme Court decision that helped dismantle racial segregation, and also the basis for many other decisions that rejected discrimination and bigotry against people belonging to different groups. 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.