Question: What Is Equal Treatment Under The Law?

What is an equal protection violation?

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 ….

Is gender strict scrutiny?

The Supreme Court created the Intermediate Scrutiny Test in Craig v. … Since then, courts have found that gender is a protected class, and any statute which discriminates on the basis of gender must undergo the intermediate scrutiny test.

What is the difference between due process and equal protection?

Substantive due process protects criminal defendants from unreasonable government intrusion on their substantive constitutional rights. … The equal protection clause prevents the state government from enacting criminal laws that arbitrarily discriminate.

What are the 3 levels of scrutiny?

You’ve likely heard that there are three levels of scrutiny used by courts to evaluate the constitutionality of laws: rational basis review, intermediate scrutiny, and strict scrutiny.

Our infographic outlines the three most common points on the spectrum (Rational-Basis, Intermediate Scrutiny, and Strict Scrutiny). The Supreme Court has found the following situations to correspond to these levels of scrutiny.

What is the equal protection clause in simple terms?

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction “the equal protection of the laws”.

What does the Constitution say about equal rights?

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 does it mean to have equal protection under the law?

Overview. Equal 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.

Is the law equal to everyone?

The law is the same for everyone and should be applied in the same manner to all. All are equal before the law and are entitled without any discrimination to equal protection of the law.

What falls under strict scrutiny?

Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. … To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest.

What rights does the 14th Amendment Protect?

The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former slaves—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and establish …