OverviewEqual 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. Show
Permissible DiscriminationBefore proceeding, it is important to remember that a government is allowed to discriminate against individuals, as long as the discrimination satisfies the equal protection analysis outlined below, and described in full detail in this Santa Clara Law Review article. U.S. ConstitutionThe Fifth Amendment's Due Process Clause requires the United States government to practice equal protection. 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. Thus, the equal protection clause is crucial to the protection of civil rights. Equal Protection AnalysisWhen an individual believes that either the federal government or a state government has violated that individual's guaranteed equal rights, that individual is able to bring a lawsuit against that governmental body for relief. Based on the type of discrimination alleged, the individual will first need to prove that the governing body actually discriminated against the individual. The individual will need to prove that the governing body's action resulted in an actual harm to the individual. After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny. The court will determine which scrutiny the individual will be subject to, relying on legal precedent to determine which level of scrutiny to use. It is important to note that courts have combined elements of two of the three tests to create an ad hoc test. Further ReadingFor more on equal protection, see this Harvard Law Review article, this University of Pennsylvania Law Review article, and this Columbia University Law Review article. What is the difference between due process and equal protection clauses?The equal protection clause prevents the state government from enacting criminal laws that discriminate in an unreasonable and unjustified manner. The Fifth Amendment due process clause prohibits the federal government from discrimination if the discrimination is so unjustifiable that it violates due process of law.
What does the Equal Protection Clause and the Due Process Clause in the 14th Amendment mean?U.S. Constitution
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 is the difference between the due process protections in the Fifth Amendment and the 14th Amendment and why is the difference significant?The 14th Amendment offers pretty much the same rights with the only difference being that the 5th Amendment protects the rights of someone who is suspected of a crime, while the 14th Amendment protects a citizen from unreasonable control by the government.
What is the difference between the Due Process Clause in the 5th Amendment verses the 14th Amendment?The most obvious difference between the two Due Process Clauses is that the Fifth Amendment clause as it binds the Federal Government coexists with other express provisions in the Bill of Rights guaranteeing fair procedure and non-arbitrary action, such as jury trials, grand jury indictments, and nonexcessive bail and ...
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What is the difference between the equal protection clause and Due Process Clause in the 14th Amendment?
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