Equal Protection Clause

The Equal Protection Clause is a provision in the Fourteenth Amendment of the United States Constitution that requires states to provide equal protection under the law to all people within its jurisdiction. It is a critical component in the government's efforts to bring about civil rights change.

5 Must Know Facts For Your Next Test

1. The Equal Protection Clause has been a powerful tool in the fight for civil rights, as it has been used to challenge laws and policies that discriminate against protected groups.
2. The Supreme Court has interpreted the Equal Protection Clause to prohibit states from denying any person within its jurisdiction the equal protection of the laws.
3. Laws that classify people based on race, religion, or other suspect categories are subject to strict scrutiny, the highest level of judicial review, under the Equal Protection Clause.
4. The Equal Protection Clause has been used to challenge a wide range of discriminatory practices, including segregation, unequal funding of public schools, and discrimination in employment and housing.
5. The Equal Protection Clause has also been interpreted to prohibit discrimination based on gender, and has been used to challenge laws that treat men and women differently.

Review Questions

• Explain how the Equal Protection Clause has been used to bring about civil rights change in the United States.
  • The Equal Protection Clause has been a crucial tool in the fight for civil rights in the United States. It has been used to challenge a wide range of discriminatory laws and policies, including segregation, unequal funding of public schools, and discrimination in employment and housing. The Supreme Court has interpreted the Equal Protection Clause to prohibit states from denying any person within its jurisdiction the equal protection of the laws, and has subjected laws that classify people based on race, religion, or other suspect categories to the highest level of judicial review, known as strict scrutiny. This has allowed the courts to strike down many discriminatory laws and practices, and has helped to advance the cause of civil rights in the United States.
  • The legal doctrine of 'disparate impact' has been used in conjunction with the Equal Protection Clause to address discrimination, even in the absence of discriminatory intent. Disparate impact recognizes that a facially neutral policy or practice can have a disproportionately adverse effect on a protected group, such as racial minorities or women. When a policy or practice is shown to have a disparate impact, the burden shifts to the government to prove that the policy or practice is narrowly tailored to achieve a compelling governmental interest. This has allowed the courts to strike down seemingly neutral policies and practices that have the effect of discriminating against protected groups, even if the discrimination was not the intent behind the policy. The combination of the Equal Protection Clause and the disparate impact doctrine has been a powerful tool in the fight against systemic discrimination.
  • The Supreme Court's interpretation of the Equal Protection Clause has evolved significantly over time, and this evolution has had a significant impact on the government's ability to bring about civil rights change. Initially, the Court took a narrow view of the Equal Protection Clause, upholding discriminatory laws and practices such as racial segregation. However, over time, the Court's interpretation has become more expansive, subjecting laws that classify people based on race, religion, or other suspect categories to the highest level of judicial review under the strict scrutiny standard. This has allowed the courts to strike down many discriminatory laws and policies, and has been a crucial tool in the fight for civil rights. Additionally, the Court's recognition of the 'disparate impact' doctrine has further expanded the reach of the Equal Protection Clause, allowing the courts to address systemic discrimination even in the absence of discriminatory intent. As the Supreme Court's interpretation of the Equal Protection Clause has evolved, it has become a more powerful tool in the government's arsenal for bringing about meaningful civil rights change.

  Related terms

  Fourteenth Amendment : The Fourteenth Amendment to the U.S. Constitution, ratified in 1868, which granted citizenship and equal civil and legal rights to African Americans and enslaved people who had been emancipated after the American Civil War.

  Strict Scrutiny : A form of judicial review that courts use to determine the constitutionality of certain laws, requiring the government to prove that the law is narrowly tailored to achieve a compelling governmental interest.

  Disparate Impact : A legal doctrine that recognizes discrimination can occur when a facially neutral policy or practice has a disproportionately adverse effect on a protected group, even in the absence of discriminatory intent.

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  Subjects ( 23 )

  • AP US Government
  • African American History Since 1865
  • American Society
  • Business Ethics
  • Business Law
  • Civil Rights and Civil Liberties
  • Constitutional Law I
  • Criminal Justice
  • Fundamentals of American Government
  • History of Education
  • Honors US Government
  • Introduction to Asian American History
  • Introduction to Ethnic Studies
  • Introduction to Law and Legal Process
  • Introduction to Public Policy
  • Native American Law
  • Public Health Policy and Administration
  • Social Stratification
  • State and Federal Constitutions
  • The Supreme Court
  • United States History Since 1865
  • United States History Since 1945
  • United States Law and Legal Analysis