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Although the equal protection clause is one of the most cited ideas in legal theory, it received little attention during the ratification of the Fourteenth Amendment. [20] Instead the key tenet of the Fourteenth Amendment at the time of its ratification was the Privileges or Immunities Clause. [17]
The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. This clause has been the basis for many decisions rejecting discrimination against people belonging to various groups. The second, third, and fourth sections of the amendment are seldom litigated.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.
This clause has also been used by the federal judiciary to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural requirements that state laws must satisfy. [16] The Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction.
The word "laws" is used by the Constitution with two different meanings, but "equal protection" is only meaningful when applied to one of those meanings. Two meanings of 'law' in Constitution ...
On March 22, Supreme Court nominee Judge Ketanji Brown Jackson answered questions from Sen. Mike Lee (R-Utah) on the high court’s role in interpreting the Equal Protection Clause in regards to race.
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.
The state’s equal protection clause initially criminalized the denial of rights to people based on “race, color, creed or religion.” Prop. 1 expands New York’s version of the ERA to ...