What is the 14th Amendment Equal Protection Clause?
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What is the 14th Amendment Equal Protection Clause?
The Fourteenth Amendment’s Equal Protection Clause requires states to practice equal protection. Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.
What are the 5 clauses of the 14th Amendment?
Citizenship Rights, Equal Protection, Apportionment, Civil War Debt.
What does Section 1 of the 14th Amendment mean?
Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens of their state of residence; the citizenship of African Americans was thereby established and the effect of the Dred Scott Case was overcome.
Who wrote the 14th Amendment?
Congressman John A. Bingham
Congressman John A. Bingham of Ohio, the primary author of the first section of the 14th Amendment, intended that the amendment also nationalize the Bill of Rights by making it binding upon the states.
What is the Equal Protection Clause in simple terms?
equal protection, in United States law, the constitutional guarantee that no person or group will be denied the protection under the law that is enjoyed by similar persons or groups. In other words, persons similarly situated must be similarly treated.
What is an example of equal protection?
For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races. Also, as mentioned above, any laws requiring segregation of the races will be held unconstitutional.
Why was the Equal Protection Clause added to the Fourteenth Amendment?
A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law.
What is Section 4 of the 14th Amendment stating?
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
What part of the Constitution is the Equal Protection Clause?
the Fourteenth Amendment to the United
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 does Section 2 of the Fourteenth Amendment mean?
Amendment XIV, Section 2 eliminated the three-fifths rule, specifically stating that representation to the House is to be divided among the states according to their respective numbers, counting all persons in each state (except Native Americans who were not taxed).
What does Section 3 of the 14th Amendment mean?
Another section dealing directly with the aftermath of the Civil War, section 3 of the 14th Amendment prohibits those who had “engaged in insurrection or rebellion against the same [United States], or given aid or comfort to the enemies thereof” from serving in the government.
Why was the 14th Amendment written?
Some southern states began actively passing laws that restricted the rights of former slaves after the Civil War, and Congress responded with the 14th Amendment, designed to place limits on states’ power as well as protect civil rights.
What was the purpose of the 14th Amendment?
A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
What does the 14th Amendment mean in simple terms?
The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and …
What is the Equal Protection Clause quizlet?
It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons.
What is the Equal Protection Clause simple?
The Equal Protection Clause of the 14th Amendment prohibits states from denying any person within its jurisdiction the equal protection of the law. In other words, the laws of a state must treat an individual in the same manner as other people in similar conditions and circumstances.
