Which Type of Rights Ensure Equal Treatment Under the Law

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. Many view it as the attempt to uphold the professed “all men are created equal” clause written in the Constitution. The Equal protection law implies that no State has the right to deny anyone within jurisdiction equal protection of the law.

The implementation of the Equal Protection Clause marked a pivotal bespeak in the American Constitution. Before the Equal Protection Clause (part of the Fourteenth Subpoena), the Bill of Rights was merely limited to the protection of individuals from the Federal Government. Once the Fourteenth Amendment was enacted, the Constitution was extended to provide protection from Land governments.

The Fourteenth Amendment was implemented in 1868, a curt time afterwards the American Civil War. It preceded the Thirteenth Amendment which abolished slavery, leading many one-time Confederate states to prefer Black Codes after the Civil War.To combat the list of Black Codes enacted in Southern states, Congress imposed the Civil Rights Act of 1866.

This The act was a direct effect of the U.South. Supreme Court decision in the Dred Scott v. Sanford example. The police force required that all citizen regardless of race and colour have equal benefits of all laws, equally enjoyed by white citizens. The doubts that arose with the law under the Constitution that was in existence then pb Congress to implement changes to the Constitution, which became known as the Equal Protection Clause of the Fourteenth Amendment.

In social club to ensure the off-white practice of the Equal Protection Clause, the U.S. Supreme Court decided to utilize different tests to the different Country classifications and its response to fundamental rights. Unremarkably, the Court finds a State nomenclature Constitutional equally long as it has a “rational ground” to a “legitimate state purpose”. The U.S. Supreme Court, however, established a firmer sense of analysis to sure cases.

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To measure the form of equal protection it will scrutinize any distinction when it encounters suspect classifications. When the Supreme Court orders a nomenclature subject to scrutiny, information technology must have the substance that a State law or the State’s administration holds intentions to discriminate. If any intent of a State law provides discrimination, the U.S. Supreme Court farther analyzes the basis of race, national origin, and in some cases U.S. citizenship. In order for a classification to laissez passer a U.S. Supreme examination, the State must evidence that there is an imperative interest to the constabulary and the nomenclature is needed to further its interest. The U.S. Supreme Court will also employ strict scrutiny if any classification interferes with the fundamental rights, such every bit the First Amendment, the correct to travel, or a person’s right to privacy.

The The Equal Protection Clause was implemented to ensure the fair treatment of all legal citizens of the The states. All states must comply with the rulings of the Supreme Court, which continuously reviews the laws applied by each State to ensure it is post-obit guidelines of fair practice and treatment.



Which Type of Rights Ensure Equal Treatment Under the Law

Source: https://constitution.laws.com/equal-protection-clause