To prove an equal-protection claim based on uneven enforcement of a law, the plaintiffs must show (1) that the government official is treating them differently from similarly situated persons, and (2) that the government is unequally applying the laws (e.g., statutes, regulations, ordinances) for the purpose of …
What two elements are required to establish a claim under the Equal Protection Clause?
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.
Who are entitled to equal protection of the law?
the right of all persons to have the same access to the law and courts and to be treated equally by the law and courts, both in procedures and in the substance of the law.
What is an example of a violation of the Equal Protection Clause?
A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The clause is not intended to provide equality among individuals or classes but only equal application of the law.
What does the Equal Protection Clause cover?
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.
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.
What are the 3 classifications under the Equal Protection Clause?
Let us start by examining the three levels of review applied in Equal Protection and Due Process cases: (1) Rational Basis Review; (2) Intermediate Scrutiny; (3) Strict Scrutiny.
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.
Where is the equal protection clause found?
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 …
What is the difference between due process and equal protection?
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 happens when due process is violated?
Without due process, individuals could be detained and deprived of their freedom and life without just cause. If a criminal defendant is deprived of their civil rights, they can challenge the state on those grounds.
What are the 3 levels of scrutiny?
What Are The Levels of Scrutiny?
- Strict scrutiny.
- Intermediate scrutiny.
- Rational basis review.
Who is protected by the Equal Protection Clause in the 14th Amendment?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.
What is a suspect class under equal protection?
Under Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute will be subject to either strict scrutiny or intermediate scrutiny. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage.
What are the 3 requirements of due process?
The right to present evidence, including the right to call witnesses. The right to know opposing evidence. The right to cross-examine adverse witnesses.
What are 5 due process rights?
Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: 1) right to indictment by the grand jury before any criminal charges for felonious crimes, 2) a prohibition on double jeopardy, 3) a right against forced self-incrimination, 4) a guarantee that all …
What is equal protection review?
This standard of review is used to examine laws that discriminate against nonsuspect classes including economic classifications as well as classifications based on age, wealth, and mental disability.
How does the 14th Amendment apply to a woman’s right to privacy?
Wade (1973), the Supreme Court held that the Fourteenth Amendment’s Due Process Clause “protects against state action the right to privacy, including a woman’s qualified right to terminate her pregnancy,” and that “though the State cannot override that right, it has legitimate interests in protecting both the pregnant …
How do I file a due process claim?
In order to successfully establish a prima facie case for a procedural due process violation, a plaintiff must show that: (1) there has been a deprivation of the plaintiff’s liberty or property, and (2) the procedures used by the government to remedy the deprivation were constitutionally inadequate.
What are some examples of due process?
What is an example of due process? An example of due process is when a citizen is being arrested for a crime, they must be given notice of this crime, when the court case will be held, and given the right to an attorney.
What is compelling interest test?
Compelling-interest-test definition
In constitutional law, a method for determining the constitutionality of a statute that restricts the practice of a fundamental right or distinguishes between people due to a suspect classification.
What is the reasonable basis test?
A standard used to determine whether a worker can be treated as a independent contractor whether or not the common law test is met, based on prior court and administrative rulings, IRS audits, or longstanding practice in the industry.
How can the 14th Amendment be violated?
1972Due Process Violated By Unclear State Law
In Rabe v. Washington , the U.S. Supreme Court rules that the due process clause of the 14th Amendment (which guarantees the right to a fair hearing that follows the rules) is violated when a state law fails to explain exactly what conduct is prohibited.
What types of inequality does the 14th Amendment permit?
-discrimination based on age, disability, sexual orientation, etc.
What is one way for a plaintiff to prove a disparate impact?
One way for a plaintiff to prove disparate impact discrimination is: a. by comparing the employer’s workforce to the pool of qualified individuals available in the local market.
What constitutes discriminatory intent?
A Title VI discriminatory intent claim alleges that a recipient intentionally treated persons differently or otherwise knowingly caused them harm because of their race, color, or national origin.
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.
Does equal protection apply to poor people?
36 The Supreme Court held that it vi- olated Equal Protection to deny an appeal of a criminal conviction to an indi- gent person who could not afford a transcript, stating “In criminal trials, a State can no more discriminate on account of poverty than on account of religion, race, or color.
What are two types of due process violations?
There are two types of due process: procedural and substantive.
What is the exclusionary rule?
Overview. The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
What are the rights of the accused?
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
What does the 7th Amendment mean in your own words?
The Meaning
The Seventh Amendment extends the right to a jury trial to federal civil cases such as car accidents, disputes between corporations for breach of contract, or most discrimination or employment disputes.
Why do people plead the Fifth?
When someone says they ‘plead’ or ‘take’ the Fifth, it specifically relates to self-incrimination. The fine print of the amendment protects people from being “compelled in any criminal case to be a witness” against themselves.
What is the most important right of a citizen?
The freedom to vote was ranked as the most important human right in five of the eight countries. The United States values free speech as the most important human right, with the right to vote coming in third. Free speech is also highly valued in Germany: its citizens also see this as most important.
What are the 10 citizens rights?
Bill of Rights – The Really Brief Version
| 1 | Freedom of religion, speech, press, assembly, and petition. |
|---|---|
| 7 | Right of trial by jury in civil cases. |
| 8 | Freedom from excessive bail, cruel and unusual punishments. |
| 9 | Other rights of the people. |
| 10 | Powers reserved to the states. |
Can the government take your property without compensation?
In the United States, as noted above, the Fifth Amendment to the U.S. Constitution provides that no person shall be deprived of life, liberty or property without due process of law, nor shall private property be taken for public use without just compensation.
When can you not plead the Fifth?
Because the communication must be self-incriminating, an individual who has received immunity cannot invoke the Fifth Amendment as a basis for refusing to answer questions; any statements would not be incriminating because the immunity prevents the government from using those statements (or any evidence derived from …
What is the Lemon test used for?
“Lemon” Test — this three-part test is commonly used to determine whether a government’s treatment of a religious institution constitutes “establishment of a religion” (which is prohibited under the establishment clause of the First Amendment).
What are the three standards are applied in equal protection cases?
Let us start by examining the three levels of review applied in Equal Protection and Due Process cases: (1) Rational Basis Review; (2) Intermediate Scrutiny; (3) Strict Scrutiny.
Does pleading fifth make you guilty?
The Fifth Amendment protects both the innocent and the guilty. An innocent person could plead the fifth if they are innocent of the crime being investigated, but answering could lead to minor, unrelated criminal charges.
What two tests does the high court use when deciding equal protection cases?
When deciding equal protection cases, courts often apply standards known as the rational basis and strict scrutiny tests.