The Equal Protection Clause is part of the 14th Amendment, adopted after the Civil War to protect the rights of formerly enslaved people and all persons in the United States. It says that no state may deny any person within its jurisdiction the equal protection of the laws. This clause matters because it limits how governments may classify people and treat groups differently.
It is a major foundation for civil rights, school desegregation, voting rights, gender equality, and fair treatment in criminal justice.
Key Facts
- Text of the clause: No state shall deny to any person within its jurisdiction the equal protection of the laws.
- The Equal Protection Clause applies directly to state and local governments through the 14th Amendment.
- Federal equal protection limits usually come through the 5th Amendment Due Process Clause, not the 14th Amendment itself.
- Strict scrutiny requires a compelling government interest and a law narrowly tailored to achieve it.
- Intermediate scrutiny requires an important government interest and a law substantially related to that interest.
- Rational basis review requires a legitimate government interest and a law rationally related to that interest.
Vocabulary
- Equal Protection Clause
- A part of the 14th Amendment that requires states to treat people equally under the law unless a legally valid reason justifies different treatment.
- Judicial scrutiny
- The level of review a court uses to decide whether a government classification is constitutional.
- Strict scrutiny
- The highest level of court review, usually used for race, national origin, and fundamental rights.
- Intermediate scrutiny
- A middle level of court review, often used for classifications based on sex or gender.
- Rational basis review
- The lowest level of court review, usually used for economic regulations and most ordinary classifications.
Common Mistakes to Avoid
- Thinking equal protection means every law must treat everyone exactly the same. This is wrong because the government may classify people when the classification has enough legal justification under the correct scrutiny level.
- Using the same scrutiny level for every case. This is wrong because courts apply different tests depending on the type of classification or right involved.
- Forgetting that the 14th Amendment directly restricts states, not private individuals. Private discrimination may be regulated by statutes, but the Equal Protection Clause itself usually requires government action.
- Assuming rational basis review is easy for challengers to win. This is wrong because courts usually uphold laws under rational basis if any legitimate purpose can reasonably support them.
Practice Questions
- 1 A city creates 3 different permit categories for public demonstrations: small groups under 50 people, medium groups from 50 to 500 people, and large groups over 500 people. If 18 applications are small, 7 are medium, and 5 are large, what percentage of the 30 total applications are large group applications?
- 2 A court reviews 40 equal protection cases in one year. It applies rational basis review in 24 cases, intermediate scrutiny in 10 cases, and strict scrutiny in 6 cases. What fraction and percentage of the cases used strict scrutiny?
- 3 A state law gives a benefit to one group but not another. Explain how a court would decide which level of scrutiny to use and why the choice of scrutiny can determine the outcome.