The Brown family sued the Topeka, Kansas School Board for requiring their daughter to attend a black school an hour away when the nearest white school was infinitely closer to their home. At least three of the five references should cite U.S. Supreme Court cases.Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center.
Taking a cue from the Magna Carta, it requires that the actions of government be conducted according to the rule of the law. Section 1983, applicable to the states through the Fourteenth Amendment, provides a civil remedy for persons who are deprived of constitutionally protected rights by persons acting "under the color of law." Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.You are required to submit this assignment to LopesWrite.
The 1986 case of Bowers v. Hardwick, however, came as a blow to the right of privacy; the Court ruled that individual state sodomy laws were constitutional, and thus that the right of privacy was not violated by laws criminalizing homosexual acts in those states. EQUAL PROTECTION. With the new attitude of the court, the equal protection clause became one of the main weapons of those who were determined that African Americans, should enjoy the same rights as other Americans. ... parts of the United States today where females are still excluded. By Section 5. The equal protection clause limits American governments by ensuring that they do not discriminate against people based on their race, national origin, gender or other status. It is the most important protection against arbitrary rule. However, the equal protection clause does only assert that, “no state shall…” As a result of this wording, the national government is not as rigorously limited by this clause. Only Justice Harlan dissented stating, “The…separation of citizens on the basis of race…is a badge of servitude…inconsistent with…the equality before the law established by the Constitution… ” Harlan’s dissent and many other factors led to the separate but equal doctrine being abolished by the Supreme Court in the case Brown v Board of Education. (For factors producing the change, see .)

Type: The court stated, “The Fourteenth Amendment to the Constitution is not confined to the protection of citizens. The Equal Protection Clause derives from the Fourteenth Amendment, which specifies “no state shall deny to any person within its jurisdiction the equal protection of the laws…” As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Retrieved October 8, 2020, from https://newyorkessays.com/essay-the-equal-protection-clause/, Save Time On Research and Writing. It is generally considered that such classifications do not violate the equal protection clause, because, for all intents and purposes, the clause is quite idealistic. ” Therefore, in cases involving the national government, the equal protection clause does apply, just on the grounds of the Fifth Amendment. Another two years later congresses passed the Fifteenth Amendment which forbade the states to ... and economic freedoms. 2 pages, 752 words The equal protection clause limits American governments by ensuring that they do not discriminate against people based on their race, national origin, gender or other status. Don't use plagiarized sources. Section 3 of the Fourteenth. Intermediate Scrutiny c. Rational Basis 2. A supplemental provision, intended to protect African-American suffrage but never implemented, allows reduction of the. (2016, Jun 27). ” Governments cannot discriminate, even if the people in question are not citizens. Glennon. Equal protection is preventing the states and federal governments from favoring one segment of society over others. Include at least five references in your essay. Its unique three branched system allows the government to operate under a quasi-idealistic form of checks and balances. Strict Scrutiny b. ” As Professor Yoshino states of rational basis in his article The New Equal Protection, “…most laws create distinctions between groups…the courts simply cannot perform the Sisyphean task of…testing the fairness of every governmental distinction.

Essay, 2 pages. Essentially, a democracy represents an egalitarian form of government whereby all citizens of a given nation or state determine, the laws, public policy and actions of their state, therefore, requiring all the citizens to have equal opportunity to articulate and express their opinion. The Equal Protection Clause prohibits official discrimination on the basis of race. Read this essay on Equal Protection. Let a Professional Writer Help You, © New York Essays 2020. "You must agree to out terms of services and privacy policy", Get to Know The Price Estimate For Your Paper, By clicking “Write my paper”, you agree to our, By clicking “Check Writers’ Offers”, you agree to our, By clicking Send Me The Sample you agree on the, Oil and Gas Reservoir Protection During the Process of Drilling, Equality Egalitarianism is that all people are equal and deserve equal rights, All Animals Are Equal, but Some Animals Are More Equal Than Others, One must also consider that he words equal and equality as used, Adarand Constructors, Inc. vs. Federico Pena, Transformative Constitutionalism and the South African Legal Culture, Ask Writer For Free Samples and Examples of Essays, Homeworks and any Papers. Pat and Paul can identify several classifications within the ordinance that arguably run afoul of the Equal Protection Clause of the Fourteenth Amendment. Essay, 3 pages. In Brown, the Court finally took a stance on segregation stating that their, “…disposition makes unnecessary any discussion whether…segregation…violates…the Fourteenth Amendment. By continuing we’ll assume you’re on board with our cookie policy, The input space is limited by 250 symbols. Rate this post The purpose of the 10th Amendment is to draw a line between the federal and state government’s powers. Equal protection is critical and important because it ensures that equality situated individuals are treated similarly.


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