Preview

Equal Protection Law Of The Fourteenth Amendment

Good Essays
Open Document
Open Document
224 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Equal Protection Law Of The Fourteenth Amendment
The two parties had very different perspectives on the case. The African American's found the law violating the equal protection clause of the Fourteenth Amendment. The equal protection law of the fourteenth amendment is set in place so a state cannot treat one individual differently than another individual. The amendment grants equal protection to everyone. Although, the court ruled that the fourteenth amendment was only to, "create absolute equality of the races before the law". This law included that everyone was granted political and civil rights. But, these rights only extended so far. The African American population stated they did not have any social rights. Justice John Marshall Harlan spoke siding with the African Americans, saying

You May Also Find These Documents Helpful

  • Good Essays

    Both the movie “Separate but Equal”, and the article “ How the Supreme Court Arrives at Decisions” by William J. Brennan, Jr., shows how the Supreme Court deals with issues, and what it takes for them to come up with a decision. It is a very complicated process because they have to be able to interpret the text of thee Constitution and come up with a ruling which so often can change a current law and affect every citizen in the United States. If they do not take the time need then it can be catastrophic for the country. In “Separate but Equal” all the justices had different views on the issue concerning racial segregation in public schools. Some of these views had to do with what state the Justices came from and what those particular states believed in and represented, and some felt that way on a personal level. Decisions like that should not be made based on personal preference or because of where you were born and raised. Because of these multiple opposing opinions, it was very difficult for the Supreme Court to come to a ruling on this case. In the article, Brennan says that Justices represent the citizens who elected them their representative, and they make their decisions based on the law.…

    • 767 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Plessy Vs Ferguson 1896

    • 434 Words
    • 2 Pages

    Ferguson was a Supreme court case that decided on the issue; Can states pass legislation forcing different races to use separate but equal segregated facilities without infringing upon the Fourteenth Amendments equal protection clause? Plessy argued that since he was only 1/8th African American that this violated his Thirteenth and Fourteenth amendment rights which state “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." – Amendment Thirteen and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. In addition, it forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.” – Amendment Fourteen for this reason he believed that he was wrongfully arrested, and should have been allowed to seat himself in the car for whites. The courts holding declared that states are allowed to pass legislation allowing the use of equal but separate accommodations as it does not infringe the Fourteenth Amendments equal protection clause, as long as the accommodations were equal for all…

    • 434 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Moreton Rolleston Jr. was no longer allowed to discriminate against the guest who stayed in his hotel. The case Heart of Atlanta v. United States determined that Rolleston Jr’s rights where not taken away. I believe no one should be discriminated against no matter their skin color or religion. Moreton Rolleston Jr. living in the South was doing what he believed was right but that does not always make it right. Though some people in the United States still had a lot of discrimination against blacks it was good to know that the government was taking a stand against…

    • 739 Words
    • 3 Pages
    Better Essays
  • Good Essays

    Hence, in 1963, the case was repealed by Lovings stating that the judgment was in violation of the fourteenth amendment, but the state trail and the courts denied it signifying that the statues were constitutional. The state failing in their efforts the case was brought to the Supreme Court, Chief Justice Warren proceeding over the case re-opened in 1967 gave the final verdict that previous sentencing by the state was in violation of principal of equality. Then ordered that under the constitution the freedom to marry or not another person of a different race was an individual choice and was not for the states to decide. Accordingly, the limitation on admitting racial minorities placed by the Brown University a state funded university was also in violation of equal protection clause, which paved the way for Affirmative action in 1961 that requires equal access to education for underrepresented factions, such as women and…

    • 454 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    As a result the Supreme Court ruled that it made it illegal for judicial enforcement of racial separation. In particular they felt like it violated the 14th amendment which was put in place for the prevention of racial segregation. Also, Colored people were considered citizens and got the rights of a normal citizen. Even though they were now considered citizens they still had to overcome the social acceptance of the majority of…

    • 278 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    The personal lives and views of each of the justices played a key role in the verdict of this case. It has been noted that Justice Fuller strived to segregate Chicago schools, after he graduated law school. It has, also, been noted that Fuller shared the same views of Senator Stephen Douglas. Stephen Douglas was a firm believer in white privilege and slavery. Associate Justice Stephen Field dissented in the Strauder v West Virginia case, in 1880. Strauder v West Virginia decided that rejecting people from a jury, solely based on races, was a violation of the 14th amendment. Justice John Marshall Harlan, the only dissenter, came from a slave-owning family. Harlan, over time, changed his views on racial matters. Even though court decisions should be clearly decided based on the Constitution, that is not always the case, obviously. Even though the constitution is sometimes left up to interpretation, in this case, it’s clear that personal views were the only guide. A lot of the justices have a record of allowing their personal views to interfere with their decision, instead of basing their decision on the…

    • 1184 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    Frederick Douglass called the Supreme Court’s decision on the 1883 Civil Rights Cases “a concession to race pride, selfishness and meanness that will be received with joy by every upholder of caste in the land”. These cases all involved black patrons denied service at hotels, theaters and train cars suing on the grounds that racial discrimination by such institutions was prohibited by the Civil Rights Act of 1875. In Justice Joseph P. Bradley’s majority opinion, he argued that this act, which allowed Congress to forbid racial discrimination by businesses of a private nature, was unconstitutional, as the Fourteenth Amendment only endowed states with this power. Although Bradley was known for his support of federal supremacy during his time at…

    • 2180 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    14th Amendment Case

    • 521 Words
    • 3 Pages

    In the fourteenth amendment it states no person is allowed to be denied life, in that case, should we have the right to die? In 1983, the supreme court ruled in favor of Nancy Cruzan, in the case of Nancy vs. Missouri, by vote of the Supreme Court 5-4. Yes, the Supreme Court made the right decision. My reasonings are because Nancy Cruzan died by choice.Next, a few days before she died nineteen doctors actually tried to reinsert the tube. Lastly, Missouri life support were taking away her right to pursue happiness.…

    • 521 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Commonly referred to as one of the most humiliating cases in the U.S Supreme Court, Plessy v Ferguson was the first case to question the constitutionality of segregation laws on a national level. The principles in question were controversial, and the dilemma surrounding the Supreme Court’s ruling on the Plessy case firmly laid upon the interpretation of the constitution. On one hand the majority decision upheld the “separate but equal” law through a strict interpretation of the Reconstruction amendments, and on the other there was the rather loose interpretation of Justice Harlan’s dissent—which advocated for a ruling evaluated and questioned both the intents and motives behind the Louisiana law. In an outcome of 8 to 1, the Supreme Court ruled that separate but equal and segregation laws, were constitutional. The majority decision had agreed that the law in question did not interfere in anyway with the diction of the constitution and concluded that states were free to enforce segregation laws if they so desired.…

    • 2501 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Dred Scott Decision Essay

    • 812 Words
    • 4 Pages

    The first part stated that African slaves, or Negros, were in fact not citizens of the United States, according to the Justices’ racial interpretation of the United States Constitution, and, therefore, could not sue in court. Part two stated that the Missouri Compromise of 1820 was unconstitutional based on the opinion that slaves were property and the 5th amendment. It states that no persons shall, ”be deprived of life, liberty, or property, without due process of law.” This meant that, in the Justices’ opinion, Dred Scott had never become a free man during his residence in the free states; therefore, he was still a…

    • 812 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Ultimately the court claimed that they could not take the case because they could only hear cases from certain groups for a specific set of claims and that based off of the constitution-…

    • 552 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Final Exam Study Guide

    • 2148 Words
    • 10 Pages

    Ruled that African Americans were not legal U.S. citizens and that no legal right to sue in court…

    • 2148 Words
    • 10 Pages
    Satisfactory Essays
  • Good Essays

    Brown v Board Of Education is the foundation of the fight for civil rights because it overturned the idea of separate but equal that had been used to justify racism. The equal but separate idea was a result of Plessey v Ferguson that established that separate but equal does not violate the constitution. The Louisiana Separate Car Act required separate rail cars for blacks and whites. It required rail companies to provide separate but equal accommodation for black and white passengers. Plessey who was black purchased a ticket in the white designated rail car.…

    • 824 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In 1932, the Powell vs Alabama Case reversed the convictions of nine black men who were accused of raping two white women. All the defendants, apart from one, were sentenced to death after a series of one-day trials and they were given minimal access to their lawyers before their trials which meant their defenses weren’t precisely planned. The convictions were reversed because the Alabama Supreme Court ruled that they weren't given a fair trial, they were denied legal counsel, and the juries excluded members of their race. This was a significant ruling because the Supreme Court had recognised that African Americans were being treated unconstitutionally, and the little rights that they did have, had been violated. This evidence shows that the Supreme Court was important in assisting African Americans achieve their civil rights because the Courts had accepted that African…

    • 1033 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Introduction The Equal Protection Clause can be argued to be one of the most important rights a citizen has in the United States. It is one of the techniques someone can use to combat discrimination by a law, action, or procedure. However, an equal protection challenge can be just that, a challenge. This clause is much more complex than perceived.…

    • 795 Words
    • 4 Pages
    Better Essays