What does the Constitution say about equal protection?
What does the Constitution say about equal protection?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What is meant by equal protection of law?
equal protection of the law. n. the right of all persons to have the same access to the law and courts and to be treated equally by the law and courts, both in procedures and in the substance of the law.
How do you do equal protection analysis?
Equal Protection Analysis
- Is there a discriminatory classification? Make sure there is some classification that is discriminating against someone or a group of people.
- What level of scrutiny applies?
- Does the classification satisfy the appropriate level of scrutiny?
Is the Equal Protection Clause the same as due process of law?
The “equal protection of the laws” is a more explicit safeguard of prohibited unfairness than “due process of law,” and, therefore, we do not imply that the two are always interchangeable phrases. But, as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process.”
What is the purpose of Equal Protection analysis?
This article describes the basic structure of equal protection analysis. Its purpose is to help law students, lawyers, and judges understand and apply the diverse strands of Supreme Court law in this complex and con- troversial field. The legal analysis developed by the Supreme Court in its effort
What does the constitution say about due process of law?
THE INCORPORATED AMENDMENTS i. “Nor shall any State deprive any person of life, liberty, or property, without Due Process of the law.” ii. Equal Protection also applies in the reverse to the federal government 1. The federal government cannot deprive people of their iii.
What was the structure of the Bill of Rights?
CONSTITUTIONAL LAW OUTLINE CHAPTER 5: THE STRUCTURE OF THE CONSTITUTION’S PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES I. THE APPLICATION OF THE BILL OF RIGHTS TO THE STATES a. By its terms, the Bill of Rights only limits the federal government i. Before the Civil War: 1.