Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights.
Is equal protection a civil liberty?
Civil rights, on the other hand, protect individuals from discrimination by the government and other individuals and originate from the “Equal Protection” Clause of the Fourteenth Amendment. … This is a civil liberties issue as police are violating individuals’ protected political freedom.
Is equal protection a right?
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides “nor shall any State … deny to any person within its jurisdiction the equal protection of the laws”.
What are civil rights and the equal protection clause?
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.
Who does the Equal Protection Clause protect?
In addition, the Fourteenth Amendment contains the equal protection clause. This mandates that no state shall… “deny to any person within its jurisdiction the equal protection of the laws.” This clause has proved to be central in ending and preventing government discrimination based on race and gender.
What are the 3 levels of scrutiny?
There are three judicial review tests: the rational basis test, the intermediate scrutiny test, and the strict scrutiny test. The intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test.
What is Article 14 of the Constitution?
Article 14 requires that all of the rights and freedoms set out in the Act must be protected and applied without discrimination. … Article 14 is based on the core principle that all of us, no matter who we are, enjoy the same human rights and should have equal access to them.
What is the equal protection clause in simple terms?
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
What does Constitution say about equality?
The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law. Rule of law is the foundation of any democracy.