Legal Term: Equal Protection

Summary

The concept of 'equal protection' is derived from the 14th Amendment, which prevents states from denying citizens equal protection under the law. This principle extends to the federal government via the Fifth Amendment's due process clause. The clause bars the government from discriminating without sufficient justification. While discrimination based on non-suspect factors like age or wealth is permissible if rationally related to government interests, suspect classifications like race or gender require stringent scrutiny and proof of compelling state interest.

Takeaways

• 📜 Equal protection is a constitutional law principle.
• 🏛️ It originates from the 14th Amendment's clause against state denial of equal protection under the law.
• 🔄 Although the 14th Amendment only mentions states, the federal government is also bound by the equal protection clause through the Fifth Amendment's due process clause.
• 🚫 The clause prohibits the government from discriminating between classes without a valid reason.
• 🧐 Discrimination based on non-suspect classifications like age, wealth, and income is allowed if it's rationally related to a legitimate government interest.
• 🏅 Quasi-suspect or suspect classifications, such as gender, race, or national origin, are subject to stricter judicial scrutiny.
• 📉 In cases involving suspect classifications, the government bears the burden of proof to justify discriminatory rules.
• 🏋️‍♂️ The standard of review for suspect classifications is higher, requiring the government to show that the discrimination serves a compelling state interest.
• 📊 Rational basis review is applied to non-suspect classifications, which is a less stringent test.
• 🏛️ Courts play a crucial role in determining the level of scrutiny and in evaluating whether government actions meet the required standards.

Q & A

What is the Equal Protection Clause?

The Equal Protection Clause is a constitutional law doctrine derived from the 14th Amendment to the U.S. Constitution, which prohibits states from denying any person within their jurisdiction equal protection under the law.

How does the 14th Amendment's Equal Protection Clause apply to the federal government?

Although the 14th Amendment's Equal Protection Clause is specifically directed at the states, it has been applied to the federal government through the Due Process Clause of the Fifth Amendment.

What does the Equal Protection Clause prohibit the government from doing?

The Equal Protection Clause prohibits the government from discriminating between different classes of people without adequate justification.

What is meant by 'discrimination on bases that the courts consider non-suspect'?

Discrimination on bases that the courts consider non-suspect, such as age, wealth, and income, are typically allowed as long as they are rationally related to legitimate government interests.

What is the level of scrutiny for discrimination based on non-suspect classifications?

Discrimination based on non-suspect classifications is subject to rational basis review, which is the lowest level of scrutiny.

What categories of discrimination are considered quasi-suspect or suspect classifications?

Categories such as gender, race, or national origin are considered quasi-suspect or suspect classifications and are subjected to higher levels of scrutiny by courts.

What is the burden of proof in cases involving quasi-suspect or suspect classifications?

In cases involving quasi-suspect or suspect classifications, the burden of proof is on the government to show important justifications for discriminatory rules to be allowed to stand.

What level of scrutiny is applied to discriminatory rules based on suspect classifications?

Suspect classifications are subject to strict scrutiny, which requires the government to prove that the discrimination is necessary to achieve a compelling state interest.

How does the Equal Protection Clause relate to the concept of 'adequate justification'?

The Equal Protection Clause requires that any discrimination by the government must have an adequate justification, meaning that the discrimination must be substantially related to an important government objective.

Can you provide an example of a case where the Equal Protection Clause was applied?

One example is the landmark Supreme Court case Brown v. Board of Education, where racial segregation in public schools was ruled unconstitutional under the Equal Protection Clause.

What is the rationale behind different levels of scrutiny for different classifications?

Different levels of scrutiny are applied to different classifications because the courts recognize that some forms of discrimination are more invidious and historically have been subject to prejudice and mistreatment, necessitating greater protection.