- "The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868..."
The clause in the Fourteenth Amendment that prohibits the government from discriminating against people based on race, gender, religion, or other protected classes.
Overview of the Equal Protection Clause: This topic covers the history and purpose of the Equal Protection Clause, its placement in the Constitution, and its relevance in modern times.
Constitutional Interpretation: This topic discusses the different methods of interpreting the Constitution, including originalism, textualism, and living constitutionalism.
Levels of Scrutiny: This topic covers the levels of scrutiny that are applied to claims of discrimination, including strict scrutiny, intermediate scrutiny, and rational basis review.
Race-Based Discrimination: This topic focuses on the Equal Protection Clause's application to issues of race-based discrimination, such as affirmative action, voting rights, and racial profiling.
Gender-Based Discrimination: This topic discusses the Equal Protection Clause's application to issues of gender-based discrimination, including reproductive rights, employment discrimination, and sexual orientation.
Age-Based Discrimination: This topic focuses on the Equal Protection Clause's application to issues of age-based discrimination, including employment and retirement benefits.
Disability-Based Discrimination: This topic covers the Equal Protection Clause's application to issues of disability-based discrimination, including access to public accommodations and employment rights.
National Origin-Based Discrimination: This topic discusses the Equal Protection Clause's application to issues of national origin-based discrimination, including immigration policies and language barriers.
Intersectionality: This topic discusses the concept of intersectionality and how it relates to the Equal Protection Clause, including the way that different forms of discrimination can intersect to create unique and complex issues.
Current Controversies: This topic covers current controversies related to the Equal Protection Clause, such as the DACA program and the transgender military ban.
Rational Basis Scrutiny: The government's action is rationally related to a legitimate state interest, and it is the easiest standard to meet;.
Intermediate Scrutiny: The government's action is substantially related to an important governmental objective, which is a higher standard of scrutiny than Rational Basis review;.
Strict Scrutiny: The government's action is narrowly tailored to serve a compelling state interest, and it is the most difficult standard to meet;.
Heightened Scrutiny: This standard of scrutiny is used if there is a "suspect classification" involved, meaning that the group in question has a history of being discriminated against.
Gender-Based Review: This is a specific form of Intermediate Scrutiny that applies only to gender-based distinctions.
Fundamental Rights Review: This form of Strict Scrutiny review that applies to rights such as the right to marry, the right to vote, and the right to privacy.
Race-Based Review: This form of Strict Scrutiny review applies to race-based classifications.
National Origin-Based Review: This is a form of heightened scrutiny that applies to classifications based on national origin.
Alienage-Based Review: This form of heightened scrutiny applies to classifications based on alienage.
- "It mandates that individuals in similar situations be treated equally by the law."
- "A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law."
- "As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War."
- "The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase 'Equal Justice Under Law'."
- "This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that helped to dismantle racial segregation."
- "The clause has also been the basis for Obergefell v. Hodges which legalized same-sex marriages, along with many other decisions rejecting discrimination against, and bigotry towards, people belonging to various groups."
- "While the Equal Protection Clause itself only applies to state and local governments..."
- "the Supreme Court held in Bolling v. Sharpe (1954) that the Due Process Clause of the Fifth Amendment nonetheless requires equal protection under the laws of the federal government via reverse incorporation."
- "The primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law."
- "As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War."
- "The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase 'Equal Justice Under Law'."
- "This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that helped to dismantle racial segregation."
- "The clause has also been the basis for Obergefell v. Hodges which legalized same-sex marriages, along with many other decisions rejecting discrimination against, and bigotry towards, people belonging to various groups."
- "the Supreme Court held in Bolling v. Sharpe (1954) that the Due Process Clause of the Fifth Amendment nonetheless requires equal protection under the laws of the federal government via reverse incorporation."
- "The clause, which took effect in 1868..."
- "It mandates that individuals in similar situations be treated equally by the law."
- "A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866..."
- "As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War."
- "the Supreme Court held in Bolling v. Sharpe (1954) that the Due Process Clause of the Fifth Amendment nonetheless requires equal protection under the laws of the federal government via reverse incorporation."