Tuesday, December 31, 2019
The Equal Protection Clause - 783 Words
Racism is a powerful piece in our nations history. About more than 60 years ago, we struggled in a society of discrimination and racial segregation. We lived in a time of cruelty because we didnââ¬â¢t see eye to eye with a person who had a different skin color. But overtime we have evolved from racism and focused on fairness. The interpretation of the Fourteenth Amendment has contributed to racial equality by the Equal Protection clause. The clause was a deciding factor in cases that involved racism. Though it sometimes limited rights, the Equal Protection clause eventually became a key element to justice. Lum vs. Rice (1927) was a Supreme Court case where the Mississippi education board did not allow a nine year old girl to attend theâ⬠¦show more contentâ⬠¦Unlike the Lum vs. Rice case, ââ¬Å"separate but equalâ⬠had no place for society because it was now (legally) seen as unfair. The Brown vs. Board of Education repealed the Lum vs. Rice case and the discriminatory Plessy vs. Ferguson case. The Brown vs. Board of Education case did not fully desegregate public schools, but it influenced a sea of activists to start making a change. From bus boycotts to the Civil Rights Act of 1964, the civil rights movement turned into a revolution. Lum vs. Rice and Brown vs. Board of Education included the equal protection clause from the 14th Amendment where the state canââ¬â¢t ââ¬Å"deny to any person within its jurisdiction the equal protection of laws.â⬠In Lum vs. Rice, the 14th Amendment limited the rights of the Lum family because they were classified as ââ¬Å"colored.â⬠In Brown vs. Board of Education, the 14th Amendment expanded the rights of students because schools were now segregated. These cases are different not only because of their outcomes but because of a change in time. The 1920s were much more conservative years compared to the 1950s. Weââ¬â¢ve started to evolve from the tradition of keeping things separate to choosing to live as equals. Today, we are free from discrimination. People from different cultures and ethnicities can come together in school, work, etc. But race plays a small factor in the job industry and admittingShow MoreRelatedThe Equal Protection Clause Of The Fourteenth Amen dment976 Words à |à 4 Pagesthe University of Texas with the claim that the University had violated the Equal Protection Clause of the 13th Amendment. The main question that arose in the question was, ââ¬Å"does the Equal Protection Clause of the Fourteenth Amendment permit the consideration of race in undergraduate admissions decisionsâ⬠. The overall decision of the Supreme Court was that the University of Texas hadnââ¬â¢t violated the Equal Protection Clause, and in fact that they were permitted to consider race in the admissions processRead MoreThe Equal Protection Clause Of The Fourteenth Amendment3764 Words à |à 16 PagesThe equal protection clause of the Fourteenth Amendment to the Constitution was at first created to protect against racial discrimination, but the Supreme Court later expanded the clause to also providing equal treatment amongst different races. The clause says, ââ¬Å"No state shallâ⬠¦deny to any person within its jurisdiction the equal pro tection of the lawsâ⬠(U.S. Constitution. Art./Amend. XIV, Sec. 1.) A person could not be discriminated upon solely because of his or her race and if the law treated aRead MoreThe Equal Protection Clause From The Fourteenth Amendment1137 Words à |à 5 PagesThe Equal Protection Clause derives from the Fourteenth Amendment, which specifies ââ¬Å"no state shall deny to any person within its jurisdiction the equal protection of the lawsâ⬠¦Ã¢â¬ As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the strict scrutiny has been applied to the cases, in which a fundamentalRead MoreThe Federal Sentencing Guidelines And The Equal Protection Clause1343 Words à |à 6 PagesWomen are twice as likely as men to avoid incarceration if convicted of a crime. Whether or not this is fair , though, is highly debated. Some politicians argue that womenââ¬â¢s prisons be abolished all together, while Menââ¬â¢s Rights Activists push for equal sentencing for comparable crimes. It has been proven that judges tend to give women less time in prison, or no incarceration at all, and the reasons for this support the imbalance in sentencing. Though many view womenââ¬â¢s tendency to receive lighter punishmentsRead MoreThe Equal Protection Clause Of The United States Constitution1496 Words à |à 6 PagesIntroduction The Equal Protection Clause of the 14th Amendment of the United States Constitution sanctioned all 50 States to protect all citizens, by requiring that all citizens are treated according to the Bill of Rights, by protecting ââ¬Å"the inalienable rights of all its citizensâ⬠(Fisher, 2013, pg. 3). Although, the inalienable rights of men are projected differently, both from a Biblical perspective and a Constitution, Declaration, there are or will be several morals violations among citizensRead More Gender Equality and the Law Essay1045 Words à |à 5 Pagesstate must show a compelling interest in its legislation, and ââ¬Å"must demonstrate that the means are necessarily related to the ends sought to be achieved by the statue and are the least restrictiveâ⬠(Mezey 16). Today, it is debatable whether women are equal to men in the eyes of the law. However, without the Womenââ¬â¢s Rights Projectââ¬â¢s litigation of the nineteen seventies, women would be remain subjected to stereotypical legal treatment and thus would still be regulated to an inferior status of citizenshipRead MoreDue Process Procedures Essay1020 Words à |à 5 Pagesdue process simply mean educators accused of something have protection. The protection should be fair and reasonable to balance social concern such as government affair and criminal behavior. The employee rights originated from state and federal constitutional provisions, statues, and regulations. The Civil Rights Act of 1964 protects educators employed in private or public schools (Oliva, 2009). In addition, the equal protection clause of the Fourteenth Amendment protects educators from discrimination;Read MoreA Closer Look At The Fourteenth Amendment s Equal Protection Clause2421 Words à |à 10 PagesMarkus Allard Professor Anne Redding Administrative Justice 245 20 November 2016 A Closer Look At The Fourteenth Amendmentââ¬â¢s Equal Protection Clause Our 14th amendment is perhaps the most important amendment because it helps defend some of our fundamental rights. This amendment extends the due process procedure to all citizens when trying to deprive them of life, liberty, or property. The amendment also ensures that everyone born in the United States or naturalized is guaranteed citizenship.Read MoreRace And National Origin Of The Court s Current Equal Protection Clause1830 Words à |à 8 PagesIn recent decades, the Supreme Court has not granted certiorari for many gender-based discrimination cases, and consequently there has not been much jurisprudential progress lately regarding Equal Protection Clause claims. It is not uncommon for the Supreme Court to back off of certain issues that they feel are largely solved for the time being. Feeling that the existing precedent is satisfactory, the Court has not shown a desire to alter the test for gender-based claims and have settled on usingRead MoreThe Constitutional Court Book By Jack Fruchtman Jr.1331 Words à |à 6 Pages The Right to ââ¬Å"Libertyâ⬠and the Right to Equal Protection in the Fourteenth Amendment In the United States Constitution, the Fourteenth Amendment states ââ¬Å"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.â⬠(Law.Cornell) Many of the cases that have
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.