Let us start by examining the three levels of review applied in Equal Protection and Due Process cases: (1) Rational Basis Review; (2) Intermediate Scrutiny; (3) Strict Scrutiny.
U.S. Constitution The Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection. Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.
It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons. Explain why neither state governments nor the national government can deprive people of equal protection of the laws. The Fourteenth Amendment applies it to the state.
Equal Protection Clause of the 14th Amendment prohibits any state from passing a law that denies to any person within its jurisdiction the equal protection of the laws. Challenge may arise where there is a difference in treatment based on discriminatory classification.
For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races. Also, as mentioned above, any laws requiring segregation of the races will be held unconstitutional.
Which of the following statements is true of the equal protection clause? According to the equal protection clause, states must not discriminate unreasonably against a particular group or a class of individuals.
EXAM NOTE: The right to travel and the right to vote are the most frequently tested fundamental rights in the area of equal protection.
Equal Rights Amendment. The proposed Equal Rights Amendment (ERA) states that the rights guaranteed by the Constitution apply equally to all persons regardless of their sex.
A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law.
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.
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.
It forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws."