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Topic: Equal Protection Amendment


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In the News (Thu 8 Jan 09)

  
  ELS - ERD - Law By Country - United States Substantive Law - Constitution of the United States   (Site not responding. Last check: 2007-10-19)
Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The amendment was rejected (and not subsequently ratified) by Oklahoma in June 1947, and Massachusetts on June 9, 1949.
The amendment was rejected by Mississippi (and not subsequently ratified) on December 20, 1962.
www.law.emory.edu /FEDERAL/usconst/amend.html   (2848 words)

  
 Rights of the People: Individual Freedom and the Bill of Rights
The guaranty of equal protection of the laws is a pledge of the protection of equal laws.
The Fourteenth Amendment's premise that no person shall be denied the equal protection of the law must coexist with the practical necessity that most legislation classifies [people] for one purpose or another, with resulting disadvantages to various groups or persons.
Equal protection has also come to mean that all persons must be free to participate in the community's public life, depending on their inclination and financial means, even those aspects that might normally be seen as belonging to private persons.
usinfo.state.gov /products/pubs/rightsof/equal.htm   (4300 words)

  
 Equal protection - Wex   (Site not responding. Last check: 2007-10-19)
The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws.
The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws.
By denying states the ability to discriminate, the equal protection clause of the Constitution is crucial to the protection of civil rights.
www.law.cornell.edu /topics/equal_protection.html   (519 words)

  
 Supreme Law Library : Reference : Fourteenth Amendment : 14amrec
Thus, the present use and expansion of the 14th Amendment is a sham -- {H7162} serving as a crutch and hoodwink to precipitate a quasi-legal approach for overthrow of the tender balances and protections of limitation found in the Constitution.
The 13th Amendment to the United States Constitution was proposed by Joint Resolution of Congress [27] and was approved February 1, 1865, by President Abraham Lincoln, as required by Article I, Section 7, of the United States Constitution.
On this point, therefore, the question is, was the 14th Amendment proposed and ratified in accordance with Article V? In answering this question, it is of no real moment that decisions have been rendered in which the parties did not contest or submit proper evidence, or the Court assumed that there was a 14th Amendment.
www.supremelaw.org /ref/14amrec/14amrec.htm   (4644 words)

  
 Equal Protection   (Site not responding. Last check: 2007-10-19)
Ordinarily, the command of equal protection was only that government must not impose differences in treatment "except upon some reasonable differentiation fairly related to the object of regulation," as Justice Jackson put it in the Railway Express case, p.
That "old" variety of equal protection scrutiny focused on the means used by the legislature: it insisted merely that the classification in the statute reasonably relate to the legislative purpose.
The cases rejecting efforts to invoke equal protection as an affirmative, broad‑gauged weapon on behalf of the poor are symbolized by Rodriguez, the school fi nancing case in 1973 (p.
www.marquette.edu /polisci/wolfe/gunther.htm   (3109 words)

  
 CITES BY TOPIC: equal protection
The equal protection demanded by the fourteenth amendment forbids this.
The Constitution, previous to this amendment, declared that 'the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States,' and it was never supposed or contended that jury duty or jury service was included among those privileges and immunities.
The amendment, as I said in Ex parte Virginia, 'secures to all persons their civil rights upon the same terms; but it leaves political rights, or such as arise from the form of government and its administration, as they stood previous to its adoption.
famguardian.org /TaxFreedom/CitesByTopic/EqualProtection.htm   (1300 words)

  
 Amendment violates equal protection, judge rules   (Site not responding. Last check: 2007-10-19)
An Alachua County charter amendment that prohibits ordinances protecting gays from discrimination is unconstitutional, a circuit judge ruled Friday.
Circuit Judge Frederick Smith declared that the amendment violated the Equal Protection clause of the U.S. Constitution.
"Amendment 1's focus on sexual orientation cannot be explained on any rational basis other than as a manifestation of the majority's condemnation of homosexuality and bisexuality," Smith said in his ruling.
www.alligator.org /edit/issues/96-fall/961125/b01rulin.htm   (839 words)

  
 Fourteenth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and it includes the Due Process and Equal Protection Clauses.
Early on, the Supreme Court limited the reach of the Amendment by holding in the Slaughterhouse Cases (1871) that the "privileges and immunities" clause was limited to "privileges and immunities" granted to citizens by the federal government.
The Fourteenth Amendment not only empowered the federal courts to intervene in this area to enforce the guarantee of due process and the equal protection of the laws, but to import the substantive rights of free speech, freedom of religion, protection from unreasonable searches and cruel and unusual punishment and other limitations on governmental power.
en.wikipedia.org /wiki/Equal_Protection_Amendment   (3370 words)

  
 THE EQUAL RIGHTS AMENDMENT: U.S. CIVIL RIGHTS COMMISSION
Moreover, as a result of experiences under State constitutional amendments virtually identical to the proposed Federal amendment, it is even clearer now than it was in 1972 that the ERA is the appropriate remedial action to address this inequality and assure women and men equal justice before the law.
Even where the husband is the "sole provider," the court reasoned that the State's equal rights amendment requires recognition of the contribution of the homemaker wife and concluded that, in the absence of evidence to the contrary, it must be presumed that the property is held jointly.
The 14th amendment together with the 13th and 15th amendments were added to the Constitution more than a century ago to abolish slavery and extend civil rights to fls at a time when women were denied such basic prerogatives of citizenship as the right to vote, hold property, serve on juries, and practice certain occupations.
www.gate.net /~liz/suffrage/eracom.htm   (11027 words)

  
 14th Amendment to the U.S. Constitution: Primary Documents of American History (Virtual Programs & Services, ...
The 14th Amendment to the Constitution was ratified on July 28, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.
The Senate passed the 14th Amendment on June 8, 1866, by a vote of 33 to 11, while the House of Representatives passed the 14th Amendment on June 13, 1866, by a vote of 120 to 32.
The Fourteenth Amendment to the Constitution was ratified on July 28, 1868.
www.loc.gov /rr/program/bib/ourdocs/14thamendment.html   (602 words)

  
 FindLaw: U.S. Constitution: Fourteenth Amendment: Annotations pg. 18 of 40
The continuum of state action ranges from obvious legislated denial of equal protection to private action that is no longer so significantly related to or brigaded with state action that the Amendment applies.
The prohibitions of the Amendment ''have reference to actions of the political body denominated by a State, by whatever instruments or in whatever modes that action may be taken.
Kraemer, 334 U.S. Similarly, the due process clause of the Fifth Amendment, with its equal protection component, limits only federal governmental action and not that of private parties, as is true of each of the provisions of the Bill of Rights.
caselaw.lp.findlaw.com /data/constitution/amendment14/18.html   (5631 words)

  
 Equal rights amendment overdue - Minnesota Daily
Supporters of the amendment argue that sex, like race, should be considered a "suspect class," and thus held to "strict scrutiny." Strict scrutiny is the highest level of judicial scrutiny.
If the amendment is passed by the full 38 states, sex discrimination cases would be held to the same standards as race discrimination cases.
The closest thing we have for equality of sexes in the Constitution is the 14th Amendment's equal protection clause.
www.mndaily.com /articles/2005/12/12/66564   (809 words)

  
 Untitled Document   (Site not responding. Last check: 2007-10-19)
For Equal Protection of the Laws, some areas where it is denied in the USA, and how we can use it to improve matters, please go to the site EqualProtection.us.
"Equal Protection of the Laws" is a concept enshrined in amendments to the US Constitution.
This is a clear violation of equal protection.
www.equalprotection.us   (784 words)

  
 14th Amendment: Equal Protection   (Site not responding. Last check: 2007-10-19)
What does equal protection of the laws actually mean.
The 14th Amendment does not say that everyone must be treated exactly alike.
The Supreme Court set up three tests to determine whether a classification denies equal protection of the laws.
online.sfsu.edu /~lara276/civilright/tsld016.htm   (51 words)

  
 United States, City of Richmond, Appelant v. J.A. Croson Company
DECISION: Fourteenth Amendment's equal protection clause held violated by Virginia city's requirement that non-minority-owned prime contractors on city construction contracts must provide at least 30 percent set-aside to minority subcontractors.
J., and White, Kennedy, and Stevens, JJ., and constituted the opinion of the court, it was held that the Fourteenth Amendment's equal protection clause was violated by the city's set-aside ordinance..
J., and White and Kennedy, JJ., expressed the view racial classifications under the equal protection clause were subject to a strict scrutiny standard, especially given the specifics of this case.
www.hrcr.org /safrica/equality/richmond_croson.html   (430 words)

  
 Black Box Voting : 1-6-05: Constitutional Equal Protection Amendment for Voters?
With voting, there is no equal protection under the law.
If we do enact federal equal protection legislation for voting, many of the inappropriate actions taken by state officials would be struck down in court.
Despite multiple Constitutional Amendments which already guarantee equal protection, these equal protections are not carried over into our voting system -- yet our vote provides the very underpinning our our republic.
www.bbvforums.org /forums/messages/1954/1961.html   (534 words)

  
 ABA Division for Public Education: Quizzes: Equal Protection
The phrase "All men are created equal" is in the original U.S. Constitution drafted in 1787 and is one of its most important guiding principles.
The phrase "equal protection of the law" entered the U S. Constitution via the Fourteenth Amendment.
Approximately half of the amendments to the U.S. Constitution passed after the Bill of Rights have to do with extending rights.
www.abanet.org /publiced/quizzes/equal_protection.html   (99 words)

  
 Free Essay 24th Amendment
The Twenty-Fourth Amendment states that as a citizen of the United States you should not have to pay a tax to vote.
I have read articles on men and women that have never been able to vote until this amendment was passed because they were poor and could not afford it.
Some people were in their forties before they could bote and it would not surprise me if there wre peoiple that had not been able to vote until they were much older or someone who have never been able to vote at all.
www.echeat.com /essay.php?t=28391   (814 words)

  
 SSRN-Bolling, Equal Protection, Due Process, and Lochnerphobia by David Bernstein
The controversy reflects the widespread belief that the outcome in Bolling reflected the Justices' political preferences and was not a sound interpretation of the Due Process Clause.
First, the almost universal portrayal of Bolling as an opinion relying on an equal protection component of the Fifth Amendment's Due Process Clause is incorrect.
Another surprise is that the proposition that Bolling has come to stand for, that the Fifth Amendment prohibits discrimination by the Federal Government, was not simply made up by the Supreme Court, but has a basis in longstanding precedent.
papers.ssrn.com /sol3/papers.cfm?abstract_id=761926   (433 words)

  
 SSRN-Privilege, Gender, and the Fourteenth Amendment: Reclaiming Equal Protection of the Laws by Stephanie Wildman
Analyzing the Court's gender equality decisions, the author proposes another path in equal protection jurisprudence that would analyze systemic privilege, recognizing the structures of subordination and domination.
Examining equal protection through a privilege lens would clarify the interrelation of individuals to groups, provide an avenue for addressing biases, and sidestep the intent requirement currently mandated in cases alleging discrimination.
Wildman, Stephanie M., "Privilege, Gender, and the Fourteenth Amendment: Reclaiming Equal Protection of the Laws".
papers.ssrn.com /sol3/papers.cfm?abstract_id=706682   (310 words)

  
 A Practical Guide To Race And Gun Control - Jim March
We’ll go into more detail on the racist history of the USSC in the second portion of this document, on equal protection (Williams vs. State of Mississippi 1898 cited in part two, or the infamous Plessy vs. Fergusen (legalizing “separate but equal” in the same period as Williams)).
In any equal protection case, the courts assume that the government CAN indeed “discriminate”, but only if it can be justified.
If the discrimination is along economic lines, such as “favoritism to the wealthy”, then no “protected class” is involved and the government defendant in an equal protection lawsuit must come up with a “rational basis” for the law, policy, enforcement practice or whatever.
www.equalccw.com /practicalrace.html   (4895 words)

  
 Equal Protection Clause - Wikipedia, the free encyclopedia
Notably, O'Connor did not claim to apply a higher level of scrutiny than mere rational basis, and as a larger matter the Court has not extended suspect-class status to sexual orientation.
Virginia, actually combine Equal Protection issues with substantive due process issues.
The right to vote, however, seems to be an exception to the foregoing, in that the substantive right to vote appears to derive not from the Due Process Clause but from the Equal Protection Clause.
en.wikipedia.org /wiki/Equal_Protection_Clause   (5465 words)

  
 Equality and the Law   (Site not responding. Last check: 2007-10-19)
Abstract: A study of the doctrine of equal protection as promulgated in the Fourteenth Amendment and its interpretation by the Supreme Court down to the present.
Keywords: book review, law, constitution, Fourteenth Amendment, equal protection, 14th amendment.
This book is being considered for further review, but we do not yet have a copy in hand.
www.weyrich.com /book_reviews/equality_law.html   (55 words)

  
 The Fourteenth Amendment: Equal Protection Under the Law price comparison at MSN Shopping
The Fourteenth Amendment: Equal Protection Under the Law: Compare prices
-- Brings the constitutional amendments to life through the use of personal stories and examples.-- Supports a United States government curriculum and brings history into a contemporary context.
Please alert us to any pricing discrepancies you discover.Tax and shipping costs are estimated and may vary by item, location or seller.
shopping.msn.com /prices.aspx?itemId=1931443   (144 words)

  
 FindLaw: U.S. Constitution: Fourteenth Amendment
Fourteenth Amendment - Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection
Traditional Equal Protection: Economic Regulation and Related Exercises of the Police Powers
Poverty and Fundamental Interests: The Intersection of Due Process and Equal Protection
caselaw.lp.findlaw.com /data/constitution/amendment14   (602 words)

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