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Constitutional Law • Equal Protection
CONLAW#105
Legal Definition
The Equal Protection Clause is limited to state and local government action under the 14th Amendment, but applies to the federal government as well through the 5th Amendment Due Process Clause.
Plain English Explanation
The Equal Protection Clause originally applied only to state and local government under the 14th Amendment. But over time, the Supreme Court has found that the 5th Amendment's due process clause also imposes equal protection limits on the federal government. This means that all levels of government in the U.S. must abide by equal protection principles.
The 14th Amendment was passed after the Civil War to require states to treat people equally. But the principles of equal treatment are so fundamental that the Supreme Court found it silly that the federal government was not also bound. Interpreting due process to encompass equal protection means all government is subject to the same limits when classifying and differentiating between people and groups.
The 14th Amendment was passed after the Civil War to require states to treat people equally. But the principles of equal treatment are so fundamental that the Supreme Court found it silly that the federal government was not also bound. Interpreting due process to encompass equal protection means all government is subject to the same limits when classifying and differentiating between people and groups.
Related Concepts
Under the Equal Protection Clause, what level of scrutiny is applied to alienage?
Under the Equal Protection Clause, what level of scrutiny is applied to all other classifications beside fundamental right, suspect, and quasi-suspect?
Under the Equal Protection Clause, what level of scrutiny is applied to everything else?
Under the Equal Protection Clause, what level of scrutiny is applied to fundamental rights or suspect classifications?
Under the Equal Protection Clause, what level of scrutiny is applied to gender and legitimacy?
Under the Equal Protection Clause, what level of scrutiny is applied to laws benefitting women?
Under the Equal Protection Clause, what level of scrutiny is applied to quasi-suspect classification?
Under the Equal Protection Clause, what level of scrutiny is applied to race or national origin?
Under the Equal Protection Clause, what level of scrutiny is applied to undocumented alien children?
Under the Equal Protection Clause, what level of scrutiny is applied to undocumented aliens?
What is the Equal Protection Clause?
