Interpretation The Equal Protection Clause Constitution Center

The Equal Protection Clause

Everyone who is born or naturalized in the United States, and is in the jurisdiction, is the United States and its resident citizens. Any state must not or execute the laws to deprive the United States citizens' privileges or exemptions, and in any state, no matter how much they are in the law, they will be free. Alternatively, it must not be taken away from property, and it shall not deny the equal protection of the law in the jurisdiction of the jurisdiction.

Representatives shall count all the number of members in each state (excluding no n-taxed Indians) and are allocated to each state according to the number. However, in the election of elections of the United States and Vice President, the House of Representatives of the Federal Congress, the state of the state, the government, or the legislative parliamentary members, the right to vote for the 2 1-yea r-old male and 2 1-yea r-old boys. If it is denied, the basis of representation rights in the state, except for this, except for participation in the rebellion or other crimes, is the basis of representation in the state in any way. It shall be reduced according to the ratio of the number of male citizens to the total number of the total.

Article 108 Neither of the Senator or the House of Representatives, or the electoral of the President or Vice President, or in any state or the United States or any state, it must not be a civil or military position. As a member of the Diet, or as a member of the United States, or as a member of the state parliament, or as a state administrative or judicial official, he has performed an oath that supports the United States Constitution, and has revolted or rebellion against the United States Constitution. Those who are engaged in rebellion or provided an enemy of the United States Constitution shall not be in any position in the United States or in any state. However, parliament can remove such obstacles by tw o-thirds of voting in the parliament.

The effectiveness of the United States public debt, which was recognized by the law, including the debt generated by pensions and the payment of rewards for the crowning or rebellion, shall not be doubtful. However, the United States and any of the states, no debt or obligations that occur to help the United States riots or rebellions, or any claims for slave loss or relief of slaves must not be undertaken or paid. All debts, duty and claims are illegal and invalid. All those who are born or naturalized in the United States and are in the court right are the United States and the resident citizens. Any state must not or execute the laws to deprive the United States citizens' privileges or exemptions, and in any state, no matter how much they are in the law, they will be free. Alternatively, it must not be taken away from property, and it shall not deny the equal protection of the law in the jurisdiction of the jurisdiction.

Matters of Debate

Article 108 Neither of the Senator or the House of Representatives, or the electoral of the President or Vice President, or in any state or the United States or any state, it must not be a civil or military position. As a member of the Diet, or as a member of the United States, or as a member of the state parliament, or as a state administrative or judicial official, he has performed an oath that supports the United States Constitution, and has revolted or rebellion against the United States Constitution. Those who are engaged in rebellion or provided an enemy of the United States Constitution shall not be in any position in the United States or in any state. However, parliament can remove such obstacles by tw o-thirds of voting in the parliament.
The effectiveness of the United States public debt, which was recognized by the law, including the pensions for pensions and the payment of rewards for the crowning or rebellion, shall not be doubted. However, the United States and any of the states, no debt or obligations that occur to help the United States riots or rebellions, or any claims for slave loss or relief of slaves must not be undertaken or paid. All debts, duty and claims are illegal and invalid. Everyone who is born or naturalized in the United States, and is in the jurisdiction, is the United States and its resident citizens. Any state must not or execute the laws to deprive the United States citizens' privileges or exemptions, and in any state, no matter how much they are in the law, they will be free. Alternatively, it must not be taken away from property, and it shall not deny the equal protection of the law in the jurisdiction of the jurisdiction.
Representatives shall count all the number of members in each state (excluding no n-taxed Indians) and are allocated to each state according to the number. However, in the election of elections of the United States and Vice President, the House of Councilors of the Federal Congress, the state of the state, the government, or the legislative parliamentary, the 2 1-yea r-old male voting right of the 2 1-yea r-old male. If it is denied, the basis of representation rights in the state, except for this, except for participation in the rebellion or other crimes, is the basis of representation in the state in any way. It shall be reduced according to the ratio of the number of male citizens to the total number of the total.

Common Interpretation

by Brian T. Fitzpatrick

by Theodore M. Shaw

Congress shall have the power to enforce the provisions of this Article by appropriate legislation.

General Interpretation

The Future of Racial Preferential Treatment

Unfinished Business of the Equal Protection Clause

Professor, Vanderbilt University Law School

Julius L. Chambers Distinguished Professor and Director, Civil Rights Center, University of North Carolina Law School

The Future of Racial Preferences

by Brian T. Fitzpatrick

Near the end of the 19th century, courts considered whether government racial segregation violated the Constitution. If people were separated into different facilities based on their race, but those facilities were deemed equally adequate, was that discrimination? Historians have debated whether the 14th Amendment was intended to end such segregation, but in Plessy v. Ferguson (1896), the Court ruled 7-1 that so-called "separate but equal" facilities for blacks and whites (in this case, train cars) did not violate the Equal Protection Clause. The decision entrenched racist Jim Crow-era laws. In a famous dissent, Justice John Marshall Harlan wrote, "Our Constitution is color-blind. Plessy remained the law of the land until it was overturned in Brown v. Board of Education in 1954. The Supreme Court unanimously overturned Plessy and found that separate schools for blacks and whites violated the Equal Protection Clause. Brown marked a critical turning point in the decades-long struggle to dismantle government-imposed segregation, not just in schools but throughout American society. Although Brown was a turning point, it was not the end of the struggle. For example, it was not until Loving v. Virginia in 1967 that the Supreme Court held that laws banning interracial marriage violated the Equal Protection Clause.

While its original purpose was to protect blacks from discrimination, its broad language led the Supreme Court to hold that all racial discrimination (including discrimination against whites, Hispanics, Asians, and Native Americans) was constitutionally suspect. These cases have led to ongoing debate in recent decades over whether it is unconstitutional for the government to consider black, Hispanic, and Native American race as a positive factor in college admissions, employment, and government contracts. We will discuss this issue separately.

The Supreme Court has used the Equal Protection Clause to prohibit discrimination on grounds other than race as well. Most laws are evaluated under what is called "rational basis scrutiny," where any plausible and legitimate reason is sufficient to make discrimination constitutional. However, laws that rely on so-called "classifications of suspects" are evaluated under "high scrutiny," where the government must have a significant or compelling reason to justify the discrimination, and the discrimination must be carefully tailored to meet that reason. What classifications are "suspect"? Given the history of the Equal Protection Clause, it is no surprise that race and national origin are suspect classifications. However, the Court has also found that sex, immigration status, and marital status at birth are suspect classifications. The Court has rejected arguments that age and poverty should be elevated to suspect categories.

Today, one of the biggest equity debates is whether the Court should recognize sexual orientation as a suspect classification. In a recent opinion on same-sex marriage, Obergefell v. Hodges (2015), the Court suggested that discrimination against gays and lesbians may violate the Equal Protection Clause. However, the Court did not decide what level of scrutiny should be applied, leaving the issue for another day.

Like many constitutional clauses, the Equal Protection Clause remains in flux.

The Unfinished Work of the Equal Protection Clause

by Theodore M. Shaw

As mentioned in the joint statement, one of the most controversial issues in the equality clause is whether the program known as "affirmative action" or "racial preferential treatment" is constitutional. Racial priority programs prefer black, Hispanic, and Native Americans in university entrance examinations, employment, and government contracts. It has been a constitutional issue since it began in the 1960s, and many people believe that the Supreme Court is going to abolish these programs in the near future.

Despite the good intentions of compensating past racist discrimination and expanding opportunities to society as a whole, many people have a moral problem, promoting tension between races and intended to rescue. I think it is a stigma to the people who do. You may be wondering what kind of moral and empirical discussions have the meaning of equality protection clause, but this debate is a debate over the original understanding of equality protection clauses. (This is also divided among historians), which has a significant impact on the Supreme Court ruling in this field. In fact, a new empirical rationale is why many people think that race priority programs cannot survive for a long time.

First, there is the idea that people who have the opportunity by racial preference are actually more wealthy than those who have taken the opportunity. This is the basis of the idea that racial preference will expand the opportunity equally throughout society as a whole. Second, many of the most suffering groups, especially the preferential programs for university entrance examinations, are gradually revealing that they are not as white but Asian. Asians have also received a lot of discrimination in the country in the past, and this progress has weakened the idea that selection programs compensate for past discrimination. Finally, there is now a sophisticated and empirical research that suggests that the preferential treatment system has narrowed the opportunity of beneficiaries. For example, some studies have suggested that the number of black lawyers is now decreasing because of the preferential treatment of blacks in the entrance examination of law schools. Some scholars argue in these studies, but nevertheless, are these studies achieving the most basic purpose of expanding the opportunities for blacks, hiss breads, and native Americans? He is asking many questions about it. As mentioned in the joint statement, one of the most controversial issues under the equality clause is whether the program known as "affirmative action" or "racial preferential treatment" is constitutional. be. Racial priority programs prefer blacks, hispanic, and native Americans in university entrance examinations, employment, and government contracts. It has been a constitutional issue since it began in the 1960s, and many people believe that the Supreme Court is going to abolish these programs in the near future.

First, there is the idea that people who have the opportunity by racial preference are actually more wealthy than those who have taken the opportunity. This is the basis of the idea that racial preference will expand the opportunity equally throughout society as a whole. Second, many of the most suffering groups, especially the incentive programs for university entrance examinations, are gradually revealing that they are not as white but Asian. Asians have also received a lot of discrimination in the country in the past, and this progress has weakened the idea that selection programs compensate for past discrimination. Finally, there is now a sophisticated and empirical research that suggests that the preferential treatment system has narrowed the opportunity of beneficiaries. For example, some studies have suggested that the number of black lawyers is now decreasing because of the preferential treatment of blacks in the entrance examination of law schools. Some scholars argue in these studies, but nevertheless, are these studies achieving the most basic purpose of expanding the opportunities for blacks, hiss breads, and native Americans? He is asking many questions about it. As mentioned in the joint statement, one of the most controversial issues in the equality clause is whether the program known as "affirmative action" or "racial preferential treatment" is constitutional. Racial priority programs prefer black, Hispanic, and Native Americans in university entrance examinations, employment, and government contracts. It has been a constitutional issue since it began in the 1960s, and many people believe that the Supreme Court is going to abolish these programs in the near future.

The 14th Amendment and the Evolution of Title IX

Some supporting racial supporters propose s o-called "racial neutral" affirmative actions in case the Supreme Court eventually banned race preferential treatment. In fact, some universities have turned into a neutral affiliate action after the lower court withdraws preferential programs. Under the neutral affirmative action, the government uses preferential treatments for the characteristics of races, rather than race itself, to increase the opportunity of black, hispanic, and native Americans. For example, some state universities prefer applicants living in specific areas where these races live in many races (however, white and Asians living in these areas are also treated preferentially). Many people think that such a program is a constitutional because it is based on geographical classifications, not racial classification. However, the Supreme Court states in many precedents that racial classifications that motivate racial discrimination and have the effect of racism are subject to strict monitoring as in racial classifications. Therefore, it is not known whether a neutral action that is neutral to race becomes more constitutional than racial priority programs.

It is clear that this field will be a very dispute lawsuit for the time being.

North Carolina University Law School, Julius L. Chamberas Special Professor and Civil Rights Center.

The core of the discussion on the application of the equality clause to races is a problem of symmetry. There are people who oppose rac e-conscious measures, designed to deal with racism and inequality. For example, there are people who oppose races in consideration of schools and employers to increase the enrollment and employment of minority applicants. When such measures violate Article 14 of the Constitution's revision, the opposition shares such an effort with the grudge discrimination rooted in racial inferiority and superiority. some of the racial preferential supporters advocate s o-called "racial neutral" affirmative actions in case the Supreme Court eventually banned race preferential treatment. In fact, some universities have turned into a neutral affiliate action after the lower court withdraws preferential programs. Under the neutral affirmative action, the government uses preferential treatments for the characteristics of races, rather than race itself, to increase the opportunity of black, hispanic, and native Americans. For example, some state universities prefer applicants living in specific areas where these races live in many races (however, white and Asians living in these areas are also treated preferentially). Many people think that such a program is a constitutional because it is based on geographical classifications, not racial classification. However, the Supreme Court states in many precedents that racial classifications that motivate racial discrimination and have the effect of racism are subject to strict monitoring as in racial classifications. Therefore, it is not known whether a neutral action that is neutral to race becomes more constitutional than racial priority programs.

It is clear that this field will be a very dispute lawsuit for the time being.

In a Nutshell

North Carolina University Law School, Julius L. Chamberas Special Professor and Civil Rights Center.

The core of the discussion on the application of the equality clause to races is a problem of symmetry. There are people who oppose rac e-conscious measures, designed to deal with racism and inequality. For example, there are people who oppose races in consideration of schools and employers to increase the enrollment and employment of minority applicants. When such measures violate Article 14 of the Constitution's revision, the opposition shares such an effort with the grudge discrimination rooted in racial inferiority and superiority. Some supporting racial supporters propose s o-called "racial neutral" affirmative actions in case the Supreme Court eventually banned race preferential treatment. In fact, some universities have turned into a neutral affiliate action after the lower court withdraws preferential programs. Under the neutral affirmative action, the government uses preferential treatments for the characteristics of races, rather than race itself, to increase the opportunity of black, hispanic, and native Americans. For example, some state universities prefer applicants living in specific areas where these races live in many races (however, white and Asians living in these areas are also treated preferentially). Many people think that such a program is a constitutional because it is based on geographical classifications, not racial classification. However, the Supreme Court states in many precedents that racial classifications that motivate racial discrimination and have the effect of racism are subject to strict monitoring as in racial classifications. Therefore, it is not known whether a neutral action that is neutral to race becomes more constitutional than racial priority programs.

It is clear that this field will be a very dispute lawsuit for the time being.

North Carolina University Law School, Julius L. Chamberas Special Professor and Civil Rights Center.

How to Use These Resources

In 1978, the Supreme Court, in Regents of the University of California v. Bakke, held that race-conscious measures designed to address the effects of discrimination were presumptively unconstitutional, as was discrimination rooted in racial antipathy or a belief in racial inferiority. The Court further recognized a category of "social discrimination," i. e., discrimination for which no one is responsible and for which there is no remedy, no matter how deplorable. Before Bakke, racial equality efforts were justified on the basis of a general requirement to overcome the enduring effects of historical racial discrimination and subordination. Bakke and subsequent precedents effectively limited this requirement for justification of relief to individual cases in which discrimination was proven. It threw the basis for relief under the bus and left vast manifestations of racial inequality beyond the reach of the law.
But Justice Powell offered an alternative basis for universities' race-based admissions. Justice Powell bridged the divided Court in Bakke, recognizing "diversity" as a compelling government interest. It sought diversity in the First Amendment interest of universities in academic freedom, rather than in the Fourteenth Amendment interest of equal protection, which is educational opportunity in institutions from which African Americans and other people of color have long been excluded. Despite the original purpose of the Fourteenth Amendment, and despite continued racial inequality in higher education, the Bakke majority held that the Fourteenth Amendment had no special meaning for African Americans.
In the years following Bakke, students of color gained access to selective colleges, even as Bakke continued to be criticized and attacked in public discourse and court cases. In 2003, Grutter v. Bollinger upheld race-based admissions programs at public law schools. Grutter ruled out the longstanding argument that Powell's diversity rationale had never received a 5-vote majority. However, opponents of diversity have continued to challenge Bakke/Grutter, sensing that the Court has become more conservative and refusing to accept what should have been dogma. Opponents of diversity have continued to challenge Bakke/Grutter, citing the Supreme Court's 2007 decision Parents Involved in Community Schools v. Seattle School District No. 14, which, by its very nature, applies to everyone. But there is a great irony in the fact that in the "age of Obama," many of the effects of systemic and generational racism, particularly on African Americans, remain in place. The courts have placed them above the law. Even more ironic is that long after the courts abandoned the Brown order, even voluntary desegregation efforts have been found to be racially discriminatory.
A few years ago, at the Harvard Law School symposium to commemorate the 100th anniversary of the Persisy vs. Ferguson case (1896), I had a hard time explaining the two sides of Article 14 of the Constitution. However, Article 14 of the Constitution has aimed to protect all people from unequal treatment under the law. One purpose does not deny the other. As noted by Judge Guido Calabrace, there are two in Article 14 of the Constitutional Fix: Article 14 of the Constitutional Fix and Article 13 of the Constitutional Fix. Article 14. Article 13 of the Constitution has not applied to everyone, and is prohibited from existing slavery and no n-spontaneous slavery anywhere in the United States. However, Article 13 of the fix, aimed at wiping out the brand of slavery and incidents, had an important meaning for some people. The duality of the equality clause has adopted all measures that are specially conscious of races for black Americans, such as the Liberal Bureau, School, Hospital, Bank, Land, etc. Is proven. The idea that mere racial consciousness is inconsistent with Article 14 of the Constitutional Fix, no matter what its intention is, there is no backing of history. A few years ago, a Harvard Rose School symposium commemorating the 100th anniversary of the Thesthy vs. Ferguson case (1896), I had a hard time explaining the tw o-sided property of Article 14 of the Constitution. However, Article 14 of the Constitution has aimed to protect all people from unequal treatment under the law. One purpose does not deny the other. As noted by Judge Guido Calabrace, there are two in Article 14 of the Constitutional Fix: Article 14 of the Constitutional Fix and Article 13 of the Constitutional Fix. Article 14. Article 13 of the Constitution has not applied to everyone, and is prohibited from existing slavery and no n-spontaneous slavery anywhere in the United States. However, Article 13 of the fix, aimed at wiping out the brand of slavery and incidents, had an important meaning for some people. The duality of the equality clause has adopted all measures that are specially conscious of races for black Americans, such as the Liberal Bureau, School, Hospital, Bank, Land, etc. Is proven. The idea that mere racial consciousness is inconsistent with Article 14 of the Constitutional Fix, no matter what its intention is, there is no backing of history. A few years ago, at the Harvard Law School symposium to commemorate the 100th anniversary of the Persisy vs. Ferguson case (1896), I had a hard time explaining the two sides of Article 14 of the Constitution. However, Article 14 of the Constitution has aimed to protect all people from unequal treatment under the law. One purpose does not deny the other. As noted by Judge Guido Calabrace, there are two in Article 14 of the Constitutional Fix: Article 14 of the Constitutional Fix and Article 13 of the Constitutional Fix. Article 14. Article 13 of the Constitution has not applied to everyone, and is prohibited from existing slavery and no n-spontaneous slavery anywhere in the United States. However, Article 13 of the fix, aimed at wiping out the brand of slavery and incidents, had an important meaning for some people. The duality of the equality clause has adopted all measures that are specially conscious of races for black Americans, such as the Liberal Bureau, School, Hospitals, Banks, Land, etc. Is proven. The idea that mere racial consciousness is inconsistent with Article 14 of the Constitutional Fix, no matter what its intention is, there is no backing of history.
Lest we think that these facts have no contemporary relevance, we need to recall that legalized subordination of African Americans did not end with the adoption of the Thirteenth Amendment in 1865, or the Fourteenth Amendment in 1868. It was a continuum that only ended with Brown v. Board of Education in 1954 and the legislation and jurisprudence of the civil rights era of the 1960s. The attack on Bakke's remedy began just a decade after the end of the continuum of subordination began. From the time African Americans were forced into what is now the United States until today, nine out of every ten days of their life have been spent in slavery and Jim Crow segregation, and from the time the Declaration of Independence was adopted, eight out of every ten days have been spent in slavery and Jim Crow segregation. Jurisprudence and discourse that separates current racial inequality from a history of legally imposed racial subordination is historically ignorant or intellectually dishonest, as is the idea that there is any moral or legal symmetry between efforts to address the effects of such history, on the one hand, and discriminatory discrimination, on the other. The Fourteenth Amendment continues to call out to us. The Fourteenth Amendment continues to call out to us. Its original work is unfinished, even though it has other work that is no less important.
The Fourteenth Amendment provides, in part, that no state "shall deny to any person within its jurisdiction the equal protection of the laws." Title IX specifically prohibits sex discrimination.

The Equal Protection Clause of the Fourteenth Amendment, ratified in 1868, has been applied by Congress and the courts to many aspects of public life over the past 150 years. Title IX is one example of how the Fourteenth Amendment has been interpreted over time. Of particular concern to young people, Title IX prohibits educational institutions receiving federal funding from excluding students from participating in educational or athletic programs because of their sex. Specifically, Title IX states that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

About Federal Courts

The IX Chapter of the Civil Rights Law was signed by President Richard M. Nixon on June 23, 1972. However, the Title IX is the three governments of the government since the Hawaiian selected Hawai i-elected Hawaiian Lower House of Representatives submitted this law to Congress, which is recognized as the main creators and sponsors of this law. The journey to pass has begun. When she died in 2002, the title IX was renamed the Pazzi Mink Education Equality (PatsSy Mink Equal Opportunity in Education Act). She was awarded the Liberal Medal after his death.
- One way to follow the transition of the title IX is to investigate the ruling of the Gloves Charage vs. Bell trial in 1984. The first title IX incident in the high law of high law indicates how each of the two divisions exercises authority. The case is also studying the impact of the Title IX not only in Article 14 of the Constitution, but also on the impact of the thre e-rights division to citizens who comply with the law.
- The Congress of the Legal Organization has established the 1972 IX Chapter of Education. This law states that in "all educational programs or activities that have received federal financial assistance," not to be eliminated, rejected, or discriminated against because of gender. There is. Federal government agencies that provide such aids have been given the authority to issue rules for prohibition of gender discrimination. Also, if the educational institution does not voluntarily obey this, it can be discontinued.
- In 1975, the Ministry of Health Education and Welfare of the United States (the Ministry of Education, which is called the Ministry of Education), to submit a document to all educational institutions receiving federal financial assistance to guarantee the compliance with the title IX. Was announced.
- In 1984, the Judicial Supreme Supreme Court ruled that discrimination and compliance with title IX would be applied to all educational institutions receiving federal financial assistance through subsidies provided directly to students. At that time, the requirements were applied only to specific programs and activities provided by the federal government. In this example, the program was student finance assistance. The IX Chapter of the Civil Rights Law was signed by President Richard M. Nixon on June 23, 1972. However, the Title IX is the three governments of the government since the Hawaiian selected Hawai i-elected Hawaiian Lower House of Representatives submitted this law to Congress, which is recognized as the main creators and sponsors of this law. The journey to pass has begun. When she died in 2002, the title IX was renamed the Pazzi Mink Education Equality (PatsSy Mink Equal Opportunity in Education Act). She was awarded the Liberal Medal after his death.
Elim Poon - Journalist, Creative Writer
Last modified: 27.08.2024

Interpretations of The Clauses of the Fourteenth Amendment by constitutional scholars. The six-member majority stated that since law school for Black students did not exist in the State of Missouri, the "equal protection clause" required the state. In such cases, the law will be upheld as constitutional if the court determines that there is a “rational basis” for the unequal treatment in order to meet a “.

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