Quick Answer: What Does Equal Protection Under The Law Mean?

What is an equal protection violation?

To prove an equal-protection claim based on uneven enforcement of a law, the plaintiffs must show (1) that the government official is treating them differently from similarly situated persons, and (2) that the government is unequally applying the laws (e.g., statutes, regulations, ordinances) for the purpose of ….

What is equal protection review?

Equal protection analysis is comparative, focusing on whether there is a rational reason for the difference in treatment between those the law applies to and those it doesn’t apply to in light of the purpose of the law.

What is an example of equal protection?

Basics of the Equal Protection Clause For instance, states may require people to pass a vision as a condition of receiving a driver’s license. However, states cannot deny a person a driver’s license because of their race, gender, or other minority considerations.

What does equal protection under the law mean quizlet?

Define Equal Protection of the Laws. It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons.

What are the 14th Amendment rights?

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.

What falls under strict scrutiny?

For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.

What are the 3 levels of scrutiny?

You’ve likely heard that there are three levels of scrutiny used by courts to evaluate the constitutionality of laws: rational basis review, intermediate scrutiny, and strict scrutiny.

Which of the following is the most frequently used standard test in equal protection cases?

EXAM NOTE: The right to travel and the right to vote are the most frequently tested fundamental rights in the area of equal protection. (Often, both the Due Process Clause and the Equal Protection Clause will apply.

What is intermediate scrutiny quizlet?

Intermediate scrutiny applies to government discrimination regarding sex and illegitimacy. … Such laws will be presumptively invalid, absent a showing by the state that the measure is necessary to achieve a compelling state interest.

What rights does the 14th Amendment Protect?

The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former slaves—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and establish …

What is the 14th Amendment Section 3 in simple terms?

Amendment XIV, Section 3 prohibits any person who had gone to war against the union or given aid and comfort to the nation’s enemies from running for federal or state office, unless Congress by a two-thirds vote specifically permitted it.

What does equal protection mean in the 14th Amendment?

The Fourteenth Amendment to the U.S. Constitution, one of three amendments adopted in the immediate aftermath of the American Civil War (1861–65), prohibits states from denying to any person “the equal protection of the laws.” …

What is equal protection review quizlet?

Equal protection analysis determines whether a state is constitutionally permitted to differentiate between persons.

What level of scrutiny are gender classifications subject to under equal protection?

intermediate scrutinyAs the name implies, intermediate scrutiny is less rigorous than strict scrutiny, but more rigorous than the rational basis test. Intermediate scrutiny is used in equal protection challenges to gender classifications, as well as in some First Amendment cases.