Topics: Fourteenth Amendment to the United States Constitution, Brown v. Board of Education, Strict scrutiny Pages: 2 (323 words) Published: December 5, 2013
10/7/13- Civil Rights

Equality of Opportunity vs. Result
De jure Discrimination (or equality)
Specific law  discrimination/equality
De facto Discrimination (or equality)
Social, economic, cultural biases  discrimination/equality

Equal Protection Clause
“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” Fourteenth Amendment

Forbids states to deny equal protection to anyone within its jursidiction

Application of the Fourteenth Amendment
Goals and Intent
Uncertain Guardians
Important Cases Historically
Plessy v. Ferguson (1896)- “separate but equal”
Brown v. Board of Education (1954)- “separate but equal is unconstitutional”, must integrate/stop segregation with “all deliberate speed”

Congress and Discrimination against African-Americans
Civil Rights Act of 1964
Prohibits discrimination of basis of race, color, religion, gender, and national origin Public accommodations, voter registration, public schools, employment Civil Rights Act of 1968
Prohibits discrimination in housing
Voting Rights Act of 1965
Outlawed discriminatory registration tests and tasks
Authorized federal administration of voting where discrimination took place Resulted in massive voter registration drives of African Americans in South Recent developments- The Supreme Court and the preclearance provision (section 4)

Navigating Equal Protection Disputes

Suspect classification (race, national origin)
Upheld only if necessary to promote a compelling government interest Also covers fundamental rights:
Voting, court access, moving between states

Intermediate Scrutiny
Semi- suspect classifications
E.g. gender
Upheld if substantially related to an important government govt objective ‘

Reasonable Scrutiny Test (i.e. Rational Basis Test)
All other classifications that do not impair a fundamental right Upheld if...
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