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 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?
Legal Definition of equal protection clause
: the clause in the Fourteenth Amendment to the U.S. Constitution that prohibits any state from denying to any person within its jurisdiction the equal protection of the laws.
What are the requisites of equal protection of the law?
To be reasonable, the classification (a) must be based on substantial distinctions which make for real differences; (b) must be germane to the purpose of the law; (c) must not be limited to existing conditions only; and (d) must apply equally to each member of the class. There is compliance with all these conditions.
What are the 3 levels of scrutiny?
Then the choice between the three levels of scrutiny, strict scrutiny, intermediate scrutiny, or rational basis scrutiny, is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
What groups are protected by the equal protection clause?
Movements for civil rights and social equality for African Americans, women, LGBTQ people, and other groups have based their challenges to discriminatory practices on the equal protection clause of the Fourteenth Amendment.
What are the 3 different tests the Supreme Court uses to determine violations of equal protection?
The Supreme Court developed three different tests or standards for determining if state laws violate the Equal protection clause. These three tests are referred to as rational basis, strict scrutiny, and intermediate scrutiny.
What are the categories of discrimination in equal protection cases?
Discrimination by Type
- Equal Pay/Compensation.
- National Origin.
What are violations 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 is the difference between equal protection and due process?
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 equal protection under the law mean?
The 14th Amendment provides that “no State shall make or enforce any law which shall deny to any person within its jurisdiction the equal protection of the laws.” Equal protection under the law means that legislation must treat all people or classes of people the same under like circumstances and conditions.
What are the requisites for valid classification as an exception to the equal protection of the laws?
And the classification, to be reasonable, (1) must rest on substantial distinctions; (2) must be germane to the purposes of the law; (3) must not be limited to existing conditions only; and (4) must apply equally to all members of the same class.
What are the equal protection of law in Philippine setting?
The equal protection of the law clause is against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality. It is not intended to prohibit legislation which is limited either in the object to which it is directed or by territory within which it is to operate.
What are the elements of the strict scrutiny test?
For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.
Who does the Equal Protection Clause apply to?
1 Equal Protection: Overview. Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
What are the three different standards of constitutional review?
In modern constitutional law, there are three standards of review: (1) strict scrutiny; (2) intermediate or heightened scrutiny; and (3) rational basis. Strict scrutiny is the highest level of judicial review.