Equal Protection Clause Flashcards, test questions and answers
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What is Equal Protection Clause?
The Equal Protection Clause is a clause within the Fourteenth Amendment of the United States Constitution that provides individuals with protection from being denied equal protection under the law. This clause states that no state shall deny to any person within its jurisdiction the equal protection of the laws. This means that all people within a state are to be treated equally by its laws, regardless of race, gender, religion, or any other classification. The Equal Protection Clause was drafted in response to Reconstruction-era legislation that granted African Americans certain rights and protections but not others. These laws excluded African Americans from voting and holding office, owning property, serving on juries and attending public schools. The Supreme Court has since interpreted this clause as providing broad protection against discrimination based on race or other classifications. In addition to protecting individuals from being denied equal treatment under the law due to their race or other classification, the Equal Protection Clause also protects people from being treated differently than those who belong to another state or national affiliation. For instance, in Plyler v Doe (1982), an illegal immigrant sued his school district for denying him access to a free public education the Supreme Court ruled in favor of Plyler based on his right to equal protection under the law regardless of his immigration status. The Equal Protection Clause continues to be an important safeguard against discrimination today it is used as a basis for challenging discriminatory laws and policies in court as well as preventing new ones from taking effect. Even though it does not guarantee absolute equality between all people in all circumstances, it does ensure that individuals cannot be denied their basic rights simply because they belong to a certain group or class.