5.5 Due Process and Equal Protection

Brown v. Board of Education was a landmark Supreme Court case decided in 1954 that declared racial segregation in public schools unconstitutional. This pivotal decision overturned the previous doctrine established by Plessy v. Ferguson, which allowed 'separate but equal' facilities, and emphasized that segregation inherently violated the Equal Protection Clause of the Fourteenth Amendment.

Plessy v. Ferguson: An 1896 Supreme Court case that upheld the constitutionality of racial segregation under the 'separate but equal' doctrine.

Equal Protection Clause: Part of the Fourteenth Amendment that requires states to provide equal protection under the law to all persons within their jurisdictions.

Civil Rights Movement: A social movement in the 1950s and 1960s aimed at ending racial discrimination and securing equal rights for African Americans.

The 5th amendment is a part of the Bill of Rights in the U.S. Constitution that provides several protections for individuals, particularly in legal proceedings. It guarantees the right to due process, protection against self-incrimination, and prohibits double jeopardy, ensuring that a person cannot be tried twice for the same crime. This amendment is crucial in safeguarding individual rights and maintaining justice within the legal system.

Due Process: A legal principle that ensures fair treatment through the normal judicial system, especially as a citizen's entitlement.

Self-Incrimination: The act of exposing oneself to prosecution by being forced to respond to questions or provide information that could be used against oneself.

Double Jeopardy: A legal concept that prohibits an individual from being tried twice for the same offense after either an acquittal or conviction.

The 14th Amendment, ratified in 1868, is a crucial part of the U.S. Constitution that guarantees equal protection under the law and due process for all citizens. It was designed to secure the rights of newly freed slaves after the Civil War and has become a cornerstone for civil rights legislation and court rulings. The amendment emphasizes the importance of protecting individual rights and ensuring that state laws uphold fairness and equality, serving as a key mechanism for incorporating the Bill of Rights against the states.

Due Process Clause: A clause in the 14th Amendment that prohibits state and local governments from depriving individuals of their life, liberty, or property without a fair legal process.

Equal Protection Clause: A provision in the 14th Amendment that requires states to treat all individuals equally under the law, prohibiting discrimination based on race, gender, or other characteristics.

Incorporation Doctrine: The legal principle through which the Supreme Court has applied parts of the Bill of Rights to the states using the Due Process Clause of the 14th Amendment.

Griswold v. Connecticut was a landmark Supreme Court case decided in 1965 that recognized a constitutional right to privacy, specifically in the context of marital relations and the use of contraceptives. This case marked a significant shift in how personal liberties were understood, highlighting the importance of due process in protecting individual rights against governmental intrusion, while also influencing the debate between originalism and a living Constitution.

Right to Privacy: An implied right derived from various amendments in the Bill of Rights that protects individuals from governmental interference in personal matters.

Due Process Clause: A clause found in the Fifth and Fourteenth Amendments that guarantees individuals a fair legal process before being deprived of life, liberty, or property.

Judicial Activism: A judicial philosophy that advocates for the courts to take an active role in shaping policy and interpreting the Constitution in light of contemporary values.

Roe v. Wade is a landmark Supreme Court case decided in 1973 that established a woman's legal right to have an abortion under the constitutional right to privacy. The decision balanced a woman's right to choose with the state's interests in regulating abortions, leading to significant implications for legislative, judicial, and executive actions surrounding reproductive rights.

Right to Privacy: A legal principle that protects personal privacy from governmental interference, recognized as a constitutional right in several Supreme Court decisions, including Roe v. Wade.

Due Process Clause: A constitutional provision that prohibits the government from depriving individuals of life, liberty, or property without due process of law; it was crucial in the Roe v. Wade decision.

Trimester Framework: A framework established by the Roe v. Wade decision that divides pregnancy into three trimesters, each allowing different levels of state regulation of abortion.

Strict scrutiny is a legal standard used by courts to evaluate laws or government actions that infringe upon fundamental rights or involve suspect classifications, such as race or national origin. This standard requires the government to prove that its action serves a compelling state interest and is narrowly tailored to achieve that interest, making it the highest level of judicial review in constitutional law.

compelling state interest: A legal requirement that necessitates the government to demonstrate a strong justification for laws or actions that may infringe upon individual rights.

intermediate scrutiny: A legal standard used by courts that requires the government to show that a law is substantially related to an important government objective, applied in cases involving gender or legitimacy.

rational basis review: The lowest level of scrutiny used by courts to evaluate laws, which only requires the government to show that a law is rationally related to a legitimate interest.

Disparate impact refers to a legal theory in civil rights law that occurs when a policy or practice disproportionately affects a particular group, even if the policy itself is neutral and not intentionally discriminatory. This concept is essential in understanding how certain practices can lead to unequal outcomes based on race, gender, or other characteristics, impacting individuals' rights to equal protection under the law.

Disparate Treatment: Disparate treatment occurs when individuals are treated differently based on a protected characteristic, such as race or gender, often involving intentional discrimination.

Equal Protection Clause: The Equal Protection Clause is part of the 14th Amendment of the U.S. Constitution, which prohibits states from denying any person within their jurisdiction equal protection under the law.

Title VII: Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin, and includes provisions related to disparate impact.

Reed v. Reed was a landmark Supreme Court case decided in 1971 that established the precedent for gender discrimination under the Equal Protection Clause of the Fourteenth Amendment. This case arose when the court ruled that a law favoring men over women in the administration of estates was unconstitutional, highlighting the need for gender equality in legal matters. The decision emphasized that arbitrary distinctions based on sex are not permissible under the law.

Equal Protection Clause: A section of the Fourteenth Amendment that prohibits states from denying any person within their jurisdiction equal protection of the laws.

Gender Discrimination: The unequal treatment of individuals based on their gender, which can manifest in various forms including legal rights, employment opportunities, and social privileges.

Constitutional Law: A body of law that interprets and applies the Constitution, focusing on the relationships between different entities within a state and issues related to civil rights.

United States v. Virginia was a landmark Supreme Court case decided in 1996 that ruled against the Virginia Military Institute's male-only admissions policy, declaring it unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. This case highlighted the ongoing struggle for gender equality in education and set a significant precedent for addressing discrimination based on sex, reinforcing the necessity for equal treatment and opportunities regardless of gender.

Equal Protection Clause: A provision in the Fourteenth Amendment to the United States Constitution that requires states to provide equal protection under the law to all people within their jurisdictions.

Gender Discrimination: Unfair treatment or discrimination based on an individual's sex or gender, often manifesting in areas such as employment, education, and access to services.

Intermediate Scrutiny: A standard of review used by courts to evaluate laws that discriminate based on sex, requiring that such laws serve an important governmental objective and be substantially related to achieving that objective.

Obergefell v. Hodges is a landmark Supreme Court case decided in 2015 that established the constitutional right to same-sex marriage across the United States. The Court ruled that state bans on same-sex marriage and refusal to recognize lawful marriages performed in other jurisdictions violate the Fourteenth Amendment's guarantees of equal protection and due process. This case is a significant milestone in the ongoing struggle for LGBTQ+ rights and intersects with broader themes of privacy, civil liberties, and judicial interpretation.

Fourteenth Amendment: An amendment to the United States Constitution that grants citizenship rights and equal protection under the law to all persons, which played a central role in the Obergefell decision.

Civil Rights: The rights of individuals to receive equal treatment under the law regardless of race, gender, sexual orientation, or other characteristics, which were affirmed by the Obergefell ruling.

Judicial Activism: The practice of judges making rulings based on personal opinion or social considerations rather than existing law, often associated with landmark decisions like Obergefell.

Judicial review is the power of courts to examine laws, policies, and government actions to determine whether they are constitutional. This process ensures that the legislative and executive branches do not exceed their authority, maintaining the balance of power within the government and protecting individual rights.

Constitutionality: The quality of being in accordance with the constitution, which judicial review assesses when evaluating laws and actions.

Supreme Court: The highest court in the United States, which has the ultimate authority in interpreting the Constitution and applying judicial review.

Checks and Balances: A system that ensures no branch of government becomes too powerful by giving each branch the ability to limit the powers of the others, including through judicial review.

Grutter v. Bollinger is a landmark Supreme Court case decided in 2003 that upheld the affirmative action policy of the University of Michigan Law School, allowing for race to be considered as one factor among many in admissions decisions. This case established important precedents regarding the use of race in educational settings, reinforcing the concept of diversity as a compelling state interest.

Affirmative Action: Policies designed to improve opportunities for historically marginalized groups, often involving considerations of race and gender in education and employment.

Equal Protection Clause: Part of the Fourteenth Amendment to the U.S. Constitution, it prohibits states from denying any person within their jurisdiction the equal protection of the laws.

Diversity: The inclusion of individuals from a variety of backgrounds and identities in a particular setting, which in this case refers to educational institutions seeking a diverse student body.

Rostker v. Goldberg is a landmark Supreme Court case from 1981 that upheld the constitutionality of the Military Selective Service Act, which required only men to register for the draft. The ruling confirmed that the government's decision to exclude women from the draft was based on the different roles men and women were seen to fulfill in the military, which led to significant discussions about gender equality and equal protection under the law.

Equal Protection Clause: A provision in the Fourteenth Amendment that requires states to provide equal protection under the law to all individuals, prohibiting discrimination based on race, religion, or gender.

Military Selective Service Act: A U.S. law that requires male citizens and immigrants to register for military service when they reach a certain age, originally established during the Vietnam War.

Gender Discrimination: Unjust or prejudicial treatment of individuals based on their gender, often leading to unequal opportunities and rights.

Affirmative action refers to policies and practices designed to improve opportunities for historically marginalized groups, particularly in education and employment. This approach aims to address past discrimination and promote equal representation by providing special consideration or support to individuals based on their race, ethnicity, or gender. The concept is closely tied to the principles of due process and equal protection under the law, as it seeks to ensure fairness and justice in opportunities and outcomes.

Equal Protection Clause: A provision in the 14th Amendment of the U.S. Constitution that mandates individuals in similar situations be treated equally by the law.

Discrimination: The unjust or prejudicial treatment of different categories of people, often based on characteristics such as race, gender, or age.

Quotas: Specific numerical goals set for the inclusion of individuals from marginalized groups in various contexts, often associated with affirmative action policies.

Fisher v. University of Texas is a landmark Supreme Court case decided in 2016 that addressed the constitutionality of affirmative action policies in college admissions. The case involved Abigail Fisher, a white applicant who challenged the University of Texas's use of race as a factor in its admissions process, arguing it violated the Equal Protection Clause of the Fourteenth Amendment. This case is significant as it re-examined the balance between diversity in higher education and the principles of equal protection under the law.

Affirmative Action: Policies and practices aimed at increasing opportunities for historically marginalized groups, particularly in education and employment.

Equal Protection Clause: A provision in the Fourteenth Amendment that requires states to provide equal protection under the law to all persons.

Grutter v. Bollinger: A 2003 Supreme Court case that upheld the affirmative action admissions policy at the University of Michigan Law School, setting a precedent for considering race in admissions.

Masterpiece Cakeshop v. Colorado Civil Rights Commission is a landmark Supreme Court case from 2018 that centered on the conflict between a baker's religious beliefs and the rights of same-sex couples to receive equal service under public accommodations laws. The case arose when a baker refused to create a wedding cake for a same-sex couple based on his religious convictions, leading to questions about the balance between freedom of religion and anti-discrimination laws. This case highlights significant issues around individual rights, government authority, and societal values in a diverse nation.

Religious Freedom Restoration Act: A federal law designed to prevent laws that substantially burden a person's free exercise of their religion.

Public Accommodations: Laws that prohibit discrimination in public places, including businesses that offer goods or services to the public.

First Amendment: The amendment to the U.S. Constitution that protects freedoms concerning religion, expression, assembly, and the right to petition.

Rucho v. Common Cause is a significant Supreme Court case decided in 2019 that addressed the issue of partisan gerrymandering, ruling that claims of excessive partisan gerrymandering present political questions beyond the reach of federal courts. This decision has important implications for the principles of equal protection under the law and due process, particularly regarding the fairness and equity of electoral district maps in relation to political representation.

Partisan Gerrymandering: The practice of drawing electoral district boundaries in a way that gives one political party an advantage over others in elections.

Equal Protection Clause: A provision in the Fourteenth Amendment to the U.S. Constitution that requires states to treat all individuals equally under the law.

Judicial Review: The power of courts to assess whether a law or government action is in compliance with the Constitution.

Crawford v. Marion County Election Board is a landmark Supreme Court case decided in 2008 that upheld Indiana's voter ID law, requiring voters to present government-issued photo identification at polling places. This decision highlighted the balance between states' rights to regulate elections and the constitutional principles of due process and equal protection, as it addressed concerns over voter access and potential discrimination against certain groups of voters.

Voter ID Laws: Legislation requiring individuals to provide specific forms of identification before being allowed to vote, often aimed at preventing voter fraud.

Equal Protection Clause: Part of the Fourteenth Amendment to the U.S. Constitution that prohibits states from denying any person equal protection under the law.

Due Process Clause: A constitutional provision that guarantees individuals the right to fair treatment through the judicial system, including protection against arbitrary denial of life, liberty, or property.