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Equal Protection

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May 1, 2024 5 minute read

Equal Protection is a fundamental legal concept that ensures all citizens are treated equally under the law. It is the principle that prohibits unreasonable discrimination against individuals based on protected characteristics such as race, sex, religion, or national origin. The Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution guarantees that states must provide all persons within their jurisdiction with equal protection of the laws.

History and Origins

The Equal Protection Clause was adopted in 1868 as part of the Reconstruction Amendments, aimed at ensuring equal rights for African Americans after the Civil War. The U.S. Supreme Court has played a pivotal role in interpreting and applying the Equal Protection Clause.

Key Concepts

Rational Basis Review: This level of review is used when a law does not involve a suspect class or fundamental right. The law must have a rational basis, meaning it must be reasonably related to a legitimate government purpose.

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Reading list

We've selected ten books that we think will supplement your learning. Use these to develop background knowledge, enrich your coursework, and gain a deeper understanding of the topics covered in Equal Protection.
Examines the history of the Equal Protection Clause and the role it has played in shaping American society.
Provides a comprehensive overview of the law of equal protection under the Fourteenth Amendment, including a detailed analysis of Supreme Court cases.
Provides a comprehensive overview of the law of equality, including the Equal Protection Clause.
Examines the tension between the rights of the poor and the rights of the wealthy under the Equal Protection Clause.
Examines the concept of equal protection in the context of Italian law.
Provides a comparative analysis of the equal protection clause in the United States and other countries, examining how different legal systems have addressed issues of discrimination and equality.
Explores the relationship between justice and equality, with a focus on the role of law in promoting equality.
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