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Topic: Equal protection clause


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In the News (Thu 18 Apr 19)

  
 Equal protection - Wex   (Site not responding. Last check: 2007-11-05)
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)

  
 Land Use Law
  Other federal courts have lately agreed that an equal protection claim may be established based on “selective enforcement,” or a “singling out,” where the disparate treatment is alleged to be motivated by an arbitrary or malicious or bad faith intent to injure the property owner.
Even in cases where equal protection claims have failed in the land use context, the courts have acknowledged that equal protection claims can succeed if certain criteria are met.
Where equal protection claims in a land use context have failed, such claims can nonetheless possibly be successful if certain criteria are met.  If similarly situated parties receiving selective treatment can be identified, and “improper considerations” have motivated the selective treatment, a landowner might succeed by relying on equal protection.
law.wustl.edu /landuselaw/equalprotection.html   (1256 words)

  
 Equal Protection   (Site not responding. Last check: 2007-11-05)
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)

  
 Morality is Absolute: Interview with Dr. Harry Jaffa
The Equal Protection Clause of the Fourteenth Amendment was instituted along with the original clause which reads: "Persons born and residing in the United States are citizens of the United States and the state wherein they reside."
The Equal Protection Clause is designed to prevent freed slaves from becoming second-class citizens and, in fact, prevented the possible formation of different classes of citizens.
That was the intention of the Equal Protection Clause.
www.tfp.org /tfc/Dr._Jaffa.htm   (1663 words)

  
 EQUAL PROTECTION
The Clause, was enacted shortly after the Civil War, and its primary goal was to attain free and equal treatment for ex-slaves.
For example, it’s a violation of Equal Protection for a city to do its zoning in such a way that all government-subsidized housing is built in the heavily fl part of town, if the intent of this zoning practice is to maintain racial segregation.
Held, this statute probably violates the equal protection rights of males aged 21 to thirty, because it is not substantially related to the achievement of important governmental objectives.
www2.sfasu.edu /polisci/Abel/ConstitutionalLawII/EQUALPROTECTION.htm   (5748 words)

  
 The Supreme Court Historical Society
According to Harlan, expansion of civil rights by the judiciary through the equal protection clause violated constitutional guidelines in two respects: first, the Court was exceeding its authority under the Constitution; second, the delicate balance between state and federal jurisdiction would be upset by such judicial maneuvers.
These guidelines were found within the due process of law clause, separation of powers doctrine, or judicial restraint, not in applying a broad sweep of the equal protection of the laws clause.
The federal courts have not been empowered by the Equal Protection of the Laws Clause to judge whether this resolution of the State's internal political conflict is undesirable, wise or unwise.
www.supremecourthistory.org /04_library/subs_volumes/04_c17_g.html   (6007 words)

  
 ABA Talking Points: Equality/Equal Protection: How Law Protects Equality
Individuals are guaranteed free speech, freedom of religion, and such due process protections as the right to a speedy and public trial, by an impartial jury, with the assistance of counsel.
By guaranteeing equal protection of the laws, the purpose of the Fourteenth Amendment was to assure Americans that laws will not arbitrarily discriminate against individuals or groups.
The Equal Protection Clause is not intended to produce equality in society, but only the "equal application" of the laws.
www.abanet.org /publiced/lawday/talking/equal_law.html   (926 words)

  
 Strauder v. West Virginia, 1880, 1st Exercise Of Racial Protection Under The Equal Protection Clause
It denies to such citizens the equal protection of the laws, since the constitution of juries is a very essential part of the protection which the trial by jury is intended to secure.
They very idea of a jury is that it is a body of men composed of the peers or equals of the person whose rights it is selected or summoned to determine; that is, of persons having the same legal status in society as that which he holds.
The very idea of a jury is a body of men composed of the peers or equals of the person whose rights it is selected or summoned to determine; that is, of his neighbors, fellows, associates, persons having the same legal status in society as that which he holds.
www.lectlaw.com /files/case35.htm   (2064 words)

  
 [No title]   (Site not responding. Last check: 2007-11-05)
Equal Rights and Equal Protection Doctrine (14th Amendment) symbol 45 \f "Symbol" \s 12 focus of this paper hyperlink \l "_Current_Law" Current Law hyperlink \l "LegalHistory" Legal History and hyperlink \l "RoleFeminists" Role of Feminists hyperlink \l "_Public_Policy_Debates" Public Policy Debates hyperlink \l "_Feminist_Jurisprudence" Feminist Jurisprudence II.
Current Law The Constitutional basis for equality of the sexes is found in the 14th Amendment, in particular the Equal Protection Clause which says: No state shall.
Some schools may provide their purpils with the latest editions of each textbook and equip each classroom with computers while in other schools there is only one out-dated textbook for every two pupils, ceilings are falling down in the classrooms, and chemistry is taught without laboratories.
coss.stcloudstate.edu /psamuel/EqualProt.doc   (1967 words)

  
 9.11 and the equal protection of law   (Site not responding. Last check: 2007-11-05)
The first step in the equal protection clause analysis is determining whether a compelling interest exists for the government's unequal treatment of its citizens.
The next step in the equal protection clause analysis is whether the steps the government has taken in furtherance of the compelling interest are necessary.
Because of the compelling nature of the need to protect U.S. citizens against additional terrorist attacks and the limited nature of the discriminatory actions by the government, U.S. courts are likely to find that the government's current actions comport with the constitutional requirements of the equal protection clause.
www.oycf.org /Perspectives/15_123101/911_equal_protection_law.htm   (1596 words)

  
 Wikinfo | Equal protection
The Equal Protection Clause is a very important part of the 14th Amendment of the United States Constitution.
Although the primary goal of the clause was to attain free and equal treatment for ex-slaves, it has been interpreted as imposing a general restraint on the government's power to classify people, not just classifications based on race but also those based on sex, alienage, illegitimacy, wealth, or any other characteristic.
Nonetheless the federal government is bound by the same rules of equal protection under the 5th Amendment.
www.wikinfo.org /wiki.php?title=Equal_protection   (708 words)

  
 Due Process and Equal Protection Clause
Quill, the Court did not recognize a right to suicide or assisted suicide based on the due process or equal protection clause.
Director, Missouri Department of Health, the Court affirmed that incompetent citizens have the same rights as competent citizens (equal protection), and affirmed the traditional common law doctrine of informed consent and its "logical corollary" the right to refuse unwanted medical treatment.
The Equal Protection Clause commands that no State shall "deny to any person within its jurisdiction the equal protection of the laws." This provision creates no substantive rights.
www.ascensionhealth.org /ethics/public/issues/due.asp   (263 words)

  
 legal redux: Romer: A victory for the equal protection clause? (part 1)
In an opinion authored by Justice Kennedy, the Supreme Court ruled 6-3 to overturn Amendment 2 in a decision that forms the foundation of modern homosexual jurisprudence and led to the overturning of state sodomy laws in Lawrence v.
The equal protection clause is not cited by those it unfairly protects but rather by those who feel discriminated against.
Painter (1950) to demonstrate its point: “Equal protection of the laws is not achieved through indiscriminate imposition of inequalities.” The two operative terms in that statement are not violated by Amendment 2.
www.ledux.blogspot.com /2005/08/romer-victory-for-equal-protection.html   (900 words)

  
 Equal Protection Issues   (Site not responding. Last check: 2007-11-05)
The Equal Protection clause is located in Amendment XIV: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.
Social justice is related to equal protection through the ideas that past vestiges, legacies, or patterns of inequality stand in the way of real progress.
More likely, the Equal Protection clause will eliminate the harshest inequalities, increase the overall standard of living, and bring enjoyment of the good life to as many people as possible.
faculty.ncwc.edu /mstevens/410/410lect07.htm   (1885 words)

  
 Bolling
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.
While dicta in Bolling states that the concept of due process clause overlaps to some extent with the concept of equal protection, the ultimate holding of the Court is based on the traditional due process concern that the government not engage in arbitrary deprivations of liberty.
Although equal protection has been the basis of most decisions involving racial discrimination, we have previously recognized that discrimination may also constitute a denial of due proces of law.
mason.gmu.edu /~dbernste/bolling.htm   (10354 words)

  
 Equal Protection
Currently, for a person to win on a race-based equal protection claim the court has to find that a racially discriminatory purpose supported the government action; discriminatory impact alone is not enough.
Davis that the Equal Protection Clause is only applicable in instances of intentional racial discrimination by a government actor.
Equal protection should be modified so that a claim of discrimination, one that is rooted in both race and economic class, and where discriminatory intent cannot be proven, would trigger the intermediate standard of constitutional review.
zmagsite.zmag.org /Nov2005/mikhail1105.html   (1140 words)

  
 Equal Protection of the Law
As to racial discrimination, although the equal protection clause clearly applied to African Americans, the Supreme Court held that it did not prohibit laws requiring segregation for whites and fls.
Brown v Board of Education (outlawing school segregation) that the Court threw out the separate but equal doctrine, recognizing that separate facilities for fls and whites never had been and never could be truly equal.
            Although the equal protection clause applies to any law that treats different classifications of people differently, varying standards are used to test the law, depending on the type of classification being made by the law.
home.ubalt.edu /shapiro/rights_course/Chapter6text.htm   (1405 words)

  
 LII: Constitution   (Site not responding. Last check: 2007-11-05)
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
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.
Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.
www.law.cornell.edu /constitution/constitution.amendmentxiv.html   (219 words)

  
 BRIA 7:4 The 14th Amendment, Equal Protection Clause, Stalin Purges, Due Process, fair trial, self-incrimination
The 14th Amendment prohibits any state from denying "to any person within its jurisdiction the equal protection of the laws." The equal protection clause clearly requires that all American citizens must be treated equally by the law.
Undocumented immigrants should not be protected under the equal protection clause to the same degree as citizens and others living legally in the country.
The equal protection clause of the 14th Amendment requires Texas and the Tyler Independent School District to provide free public schooling to the children of undocumented immigrants on an equal basis with the other children in the state and school district.
www.crf-usa.org /bria/bria7_4.htm   (5917 words)

  
 The Women's Convention and the Equal Protection Clause
The Equal Protection Clause, however, does prohibit a state from placing individuals into different classes based on grounds wholly unrelated to the objective served by a statute.
Thus, the Court concluded that the Equal Protection Clause of the Fourteenth Amendment forbade the arbitrary gender-based distinction of Section 15 -314.
In those cases in which the rights protected are exclusively female, such as the article dealing with maternity rights, the language may remain female specific, keeping in mind that the Convention's goals and objectives must be maintained.
www.law-lib.utoronto.ca /Diana/fulltext/corb.htm   (10631 words)

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