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The Equal Protection Clause is located at the end of Section 1 of the Fourteenth Amendment: 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.
The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. This clause has been the basis for many decisions rejecting discrimination against people belonging to various groups. The second, third, and fourth sections of the amendment are seldom litigated.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The word "laws" is used by the Constitution with two different meanings, but "equal protection" is only meaningful when applied to one of those meanings. Two meanings of 'law' in Constitution ...
Borden still holds today, the Court, by looking to the Equal Protection Clause of the Fourteenth Amendment (adopted 19 years after Luther v. Borden was decided), has developed new criteria for determining which questions are political in nature and which are justiciable.
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.
The state’s equal protection clause initially criminalized the denial of rights to people based on “race, color, creed or religion.” Prop. 1 expands New York’s version of the ERA to ...
Virginia state officials had argued that the Act did not violate the Equal Protection Clause because it "equally burdened" both whites and non-whites, reasoning that the punishment for violating the statute was the same regardless of the offender's race; for example, a white person who married a black person was subject to the same penalties as ...