equal protection clause quizlet

Start studying Unit 3 Important Court Cases. As we know, any equal protection issue implicates the 14th Amendment. VI. After all, this amendment was passed in the wake of the Civil War in attempts to remedy some of injustices that led up to that war, like racial inequality and slavery. Equal Protection Analysis When an individual believes that either the federal government or a state government has violated that individual's guaranteed equal rights, that individual is able to … Introduction to Equal Protection Important Cases; It can perhaps be said that the Equal Protection Clause is at the core of the 14th Amendment. The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The Equal Protection Clause is located at the end of Section 1 of the Fourteenth Amendment: 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. Many view it as the attempt to uphold the professed “all men are created equal” clause written in the Constitution. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Equal protection comes into play where the amendment states that no person can be deprived of life, liberty, or property without due process. When it comes to federal action concerning equal protection, the 14th Amendment only applies by incorporation through the 5th Amendment Due Process clause. Equal protection clause - Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws. Thus, the equal protection clause is crucial to the protection of civil rights. 2. By interpretation, the Fifth Amendment imposes the same limitation on the national government. In other words, persons similarly situated must be similarly treated. However, you must remember the following: The 14th Amendment itself applies directly only to state and local governments. In other words, the laws of a state must treat an individual in the same manner as other people in similar conditions and circumstances. Obviously, the Equal Protection Clause cannot mean that government is obligated to treat all persons exactly the same--only, at most, that it is obligated to treat people the same if they are "similarly circumstanced." Over recent decades, the Supreme Court has developed a three-tiered approach to analysis under the Equal Protection Clause. EQUAL PROTECTION OF THE LAW A. Applicability of the Equal Protection Clause The Fourteenth Amendment was passed after the American Civil War, in response to severe discrimination practiced against African Americans by many southern states. Equal protection, in United States law, the constitutional guarantee that no person or group will be denied the protection under the law that is enjoyed by similar persons or groups. The Equal Protection Clause of the 14th Amendment prohibits states from denying any person within its jurisdiction the equal protection of the law. The equal protection clause of the Fourteenth Amendment does not take from the State the power to classify in the adoption of police laws, but admits of the exercise of a wide scope of discretion in that regard, and avoids what is done only when it is without any reasonable basis and therefore is purely arbitrary. Text. The Equal protection law implies that no State has the right to deny anyone within jurisdiction equal protection of the law. Denying any person within its jurisdiction the equal protection of the law persons equal protection clause quizlet situated must similarly. 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