Equal Protection Clause

Definition

The Equal Protection Clause is a clause in the Fourteenth Amendment of the U.S. Constitution that requires states to provide equal protection under the law to all people within its jurisdiction. It is a fundamental principle that prohibits discrimination and ensures that individuals in similar situations are treated equally by the government.

5 Must Know Facts For Your Next Test

1. The Equal Protection Clause applies to all state and local governments, but not to the federal government.
2. The Supreme Court has recognized certain 'suspect classes,' such as race, religion, and national origin, that receive the highest level of scrutiny under the Equal Protection Clause.
3. Laws that discriminate against suspect classes are subject to strict scrutiny, which requires the government to show that the law is narrowly tailored to achieve a compelling government interest.
4. Laws that discriminate against 'quasi-suspect classes,' such as gender and illegitimacy, are subject to intermediate scrutiny, which requires the government to show that the law is substantially related to an important government interest.
5. Laws that do not involve suspect or quasi-suspect classes are subject to the rational basis test, which requires the government to show that the law is rationally related to a legitimate government interest.

Review Questions

• Explain how the Equal Protection Clause applies to civil liability and criminal liability.
  • The Equal Protection Clause requires that the government treat individuals in similar situations equally, regardless of whether the context is civil liability or criminal liability. This means that the government cannot discriminate in its application of civil or criminal laws based on factors such as race, religion, or national origin. For example, the government must apply civil liability laws, such as tort laws, and criminal liability laws, such as criminal statutes, in a non-discriminatory manner. The level of scrutiny applied by the courts will depend on whether the discrimination involves a suspect class, a quasi-suspect class, or a non-suspect class.
• Describe the different levels of scrutiny applied by courts in evaluating the constitutionality of laws under the Equal Protection Clause.
  • The courts apply three different levels of scrutiny when evaluating the constitutionality of laws under the Equal Protection Clause: strict scrutiny, intermediate scrutiny, and rational basis. Strict scrutiny applies to laws that discriminate against suspect classes, such as race, religion, and national origin. Under strict scrutiny, the government must show that the law is narrowly tailored to achieve a compelling government interest. Intermediate scrutiny applies to laws that discriminate against quasi-suspect classes, such as gender and illegitimacy. Under intermediate scrutiny, the government must show that the law is substantially related to an important government interest. The rational basis test applies to laws that do not involve suspect or quasi-suspect classes, and the government must show that the law is rationally related to a legitimate government interest.
• Analyze how the Equal Protection Clause might impact the application of civil liability and criminal liability laws in a hypothetical scenario where the government is accused of discriminating against a particular group.
  • In a hypothetical scenario where the government is accused of discriminating against a particular group in the application of civil liability or criminal liability laws, the Equal Protection Clause would require the courts to carefully examine the government's actions. If the group being discriminated against is a suspect class, such as race or religion, the government would be subject to strict scrutiny and would have to demonstrate that the laws or their application are narrowly tailored to achieve a compelling government interest. If the group is a quasi-suspect class, such as gender or illegitimacy, the government would be subject to intermediate scrutiny and would have to show that the laws or their application are substantially related to an important government interest. If the group is not a suspect or quasi-suspect class, the government would only need to demonstrate that the laws or their application are rationally related to a legitimate government interest. Depending on the level of scrutiny applied, the courts could find the government's actions unconstitutional if they fail to meet the applicable standard, thereby protecting the equal protection rights of the individuals or group being discriminated against.

Related terms

Strict Scrutiny: A legal test used by courts to determine the constitutionality of a law or government action that discriminates against a suspect class, such as race or religion. The government must show that the law or action is narrowly tailored to achieve a compelling government interest.

Intermediate Scrutiny: A legal test used by courts to determine the constitutionality of a law or government action that discriminates against a quasi-suspect class, such as gender or illegitimacy. The government must show that the law or action is substantially related to an important government interest.

Rational Basis Test: A legal test used by courts to determine the constitutionality of a law or government action that does not involve a suspect or quasi-suspect class. The government must show that the law or action is rationally related to a legitimate government interest.