Constitutional Law Chapter 10: Equal Protection (Part 1)

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Summary of Chapter 10: Equal Protection.

Chapter 10 explores the application of the Equal Protection Clause of the Fourteenth Amendment, which guarantees that no person shall be denied "the equal protection of the laws." This chapter delves into how courts interpret and enforce this principle, focusing on different levels of judicial scrutiny, issues of discrimination, and the implementation of affirmative action across various classifications such as race, gender, sexual orientation, disability, and age.

1. Levels of Scrutiny.

The judiciary employs three main levels of scrutiny to assess whether a law or government action violates the Equal Protection Clause:

Rational Basis Review: This is the most lenient standard, applied in cases that do not involve fundamental rights or suspect classifications. Laws are upheld if they are rationally related to a legitimate government interest.

Intermediate Scrutiny: This is a more rigorous standard applied to cases involving gender discrimination or classifications based on legitimacy. Laws must be substantially related to an important government interest to be upheld.

Strict Scrutiny: The most stringent standard, used in cases involving fundamental rights or suspect classifications like race or national origin. Laws must be narrowly tailored to achieve a compelling government interest.

II. Discrimination and Affirmative Action.

The chapter also discusses how the Equal Protection Clause addresses discrimination and the constitutionality of affirmative action policies:

Race Discrimination: The courts apply strict scrutiny to any laws or policies that classify individuals based on race. Landmark cases like Brown v Board of Education and Loving v Virginia demonstrate how the courts have struck down laws that perpetuate racial inequality.

Gender Discrimination: Gender-based classifications are subject to intermediate scrutiny. Significant cases such as Reed v Reed and United States v Virginia have shaped the legal landscape for gender equality.

Affirmative Action: The chapter examines the contentious legal debates surrounding affirmative action, particularly in higher education and employment. Cases like Regents of the University of California v Bakke and Grutter v Bollinger illustrate the delicate balance the courts strike between remedying past discrimination and avoiding new forms of inequality.

III. Equal Protection in Race, Gender, and Other Classifications.

The chapter further explores how the Equal Protection Clause has been applied to various forms of discrimination:

Race: Beyond the classic cases of racial segregation, the chapter discusses how the courts have dealt with affirmative action and racial classifications in education and employment.

Gender: It examines the evolution of gender discrimination law and the impact of major Supreme Court decisions in advancing gender equality.

Sexual Orientation: Recent advancements in LGBTQ+ rights are highlighted, with cases like Lawrence v Texas and Obergefell v Hodges demonstrating the application of Equal Protection to sexual orientation.

Disability and Age: The chapter discusses how the courts address discrimination based on disability and age, typically applying a more deferential standard but recognizing the importance of protecting vulnerable groups.

Conclusion.

Chapter 10 provides a comprehensive overview of the Equal Protection Clause and its critical role in promoting justice and equality. Through various levels of scrutiny, the judiciary ensures that laws and government actions do not arbitrarily or unjustly discriminate against individuals. The chapter underscores the ongoing challenges and debates surrounding affirmative action and the application of equal protection to various classifications, reflecting the evolving nature of civil rights in America.

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