...Equal Protection to Students The Equal Protection Clause belongs to the Fourteenth Amendment of the United States Constitution and it states that “no state shall deny to any person within its jurisdiction the equal protection of the laws” (“The Equal Protection Clause”). Being one of the amendments gained from the civil war, the framers envisioned that its primary purpose would be to protect the newly freed slaves from racial discrimination. However, the wording of the Fourteenth Amendment gives off that equal protection clause protects against any type of discrimination and gives equal protection of law to all persons. Equal protection in schools soon started to expand and develop. The equal protection for students allow for anyone to gain...
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...racial equality by the Equal Protection clause. The clause was a deciding factor in cases that involved racism. Though it sometimes limited rights, the Equal Protection clause eventually became a key element to justice. Lum vs. Rice (1927) was a Supreme Court case where the Mississippi education board did not allow a nine year old girl to attend the all-white Rosedale Consolidated School because of her ethnicity. Gong Lum’s daughter, Martha Lum, was Chinese and a native-born in the United States. One day, a superintendent at Rosedale told Martha to leave school because she was not Caucasian. Gong Lum later filed for suit and the state trial court was in his favor. The state took the issue to officials to readmit Martha Lum, however, the Supreme Court opposed the state’s decision. The Supreme Court supported their argument from the Cumming vs. Richmond County Board of Education case (1899) where it showed that schools are allowed to be separated for white and “colored” students. They also focused on whether or not Martha Lum was being denied of her equal protection of the laws from the 14th Amendment. This brought the Supreme Court to uphold the Plessy vs. Ferguson case (1896) by approaching the concept “separate but equal.” They declared that Martha Lum was not white and the Board of Trustees was allowed to exclude her from Rosedale. In 1954, the Brown family went against the Board of Education because they believed segregated schools can never be equal despite their similar...
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...Annie Mueller Craig v. Boren Craig v. Boren is a very unique and exciting case to learn about. In Oklahoma at one point, the drinking age for women was 18 and for men was 21. Of course some men were not to happy about this so one man decided to take a stand. Craig, the Plaintiff, sued David Boren, defendant and the Governor of Oklahoma (Oyez 1). He was governor at the time and he is now the President of the University of Oklahoma. The differences for the drinking age between age for men and women were for the consumption of beer at a 3.2% alcohol level (Oyez 1). Craig claimed this violated Equal Protection clause from the Fourteenth Amendment of the United States Constitution (Casebriefs 1). The issue was does the Oklahoma statute violate the Equal Protection clause of the Fourteenth Amendment (Casebriefs 1). The procedural history was that it went to the state court and the state provided reams of statistical evidence suggesting that young men were more dangerous drinkers (Casebriefs 1). The Supreme Court happened to disagree with the state and look at the case. The Supreme Court believed that “2% of the men and just under 1% of the women between 18 and 21 had been arrested for alcohol-linked driving violations hardly constituted grounds for different treatment” (Casebriefs 1). The Supreme Court ruled that the law was unconstitutional and many Oklahoma citizens were very mad and upset with Craig because now everyone in Oklahoma had to be 21 to drink (Oyez 1). Men just...
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...Case Study Presentation (Chapter 4 Page 104) Corey Airport Services Inc. versus Clear Channel Outdoor Inc. The deciding court was the United States Court of Appeals for the Eleventh Circuit Case decided on June 4, 2012 The events of this case began when the City of Atlanta issued a request for proposal for a five-year contract at Hartsfield-Jackson Atlanta International Airport in 2002. The lease arrangement envisioned in the request for proposal involved the winning bidder managing hundreds of advertising displays at one of the world’s busiest airports with a guaranteed portion of the revenue remitted to the city. Before the 2002 proposal, Defendant Clear Channel Outdoor in partnership with Defendant Barbara Fouch held the advertising concession through a month-to-month contract. Fouch had been awarded the contract by the City without entering into a competitive bidding process, and Clear Channel became Fouch’s partner by purchasing the ownership interest of Fouch’s previous business partner. The existing month-to-month contract guaranteed fifty percent of advertising revenue to the City, but the request for proposal required bid proponents to commit to paying at least sixty percent of their advertising revenue to the City. Three companies submitted proposals to the City as part of the bid process, the obligatory team of Clear Channel and Fouch was the top finisher. Plaintiff Corey Airport Services, Inc. finished in second place. After Corey failed to secure the contract...
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...African Americans were affected dearly during the 1950’s. African Americans were not allowed to go to the same school as whites. African Americans would have to go to colored schools in order to receive an education. Segregation ended in schools due to the fact that the fourteenth amendment was tampered with. “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. 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 life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,”(website). I remember the day when segregation ended in schools, especially in Topeka, Kansas. My school. The day I meant Linda Brown, was a day that went down in history. Linda Brown and her family moved in down the street about a month ago. Linda is the sweetest girl on this side of Topeka. She is the same age as I am and loves to play hopscotch, just like me. The only thing that is different about her and I is that she is what my parents call, “a nigger”. I don’t really understand what that word defines as or why my parents use it when they are referring to people who are just like Linda. Black people. Multiple people in this town who look like me, hate upon black people. Whites spit on them, call them names,...
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...The Fourteenth Amendment of the United States Constitution helps protect certain peoples rights from the law. Many of the Constitutional experts have considered the equal protection laws to be the utmost important part of the U.S. 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". The Equal Protection clause is an important clause within the Amendment, that was put there to make sure that every person regardless of age, race, and religion would be treated the same as the government. This Clause has been used in several civil rights cases including the landmark case of Brown v. Board of Education (1954). One of the major groups...
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...Affects of U.S. Legal System The Fourteenth Amendment of the U.S. Constitution contains clauses that affect businesses, these clauses are: The Equal Protection Clause, the Due Process Clause, and the Immunities Clause. Each of these clauses has some affect on businesses, however, the clause I am going to explain some about it the Equal Protection Clause. The Equal Protection Clause states that a State cannot “deny to any person within its jurisdiction the equal protection of the laws.” Even though the wording implies that this is only on the state and local levels, the Supreme Court has said it also applies to the Federal level. In simpler terms this clause protects people and corporation from being discriminated against. The Equal Protection Clause allows corporations to expand into states other than the state where they were originally formed. If the Equal Protection Clause did not exist state and local governments could prevent businesses from opening an office or store in their state or cities. If a business cannot expand into other cities and states this would limit what is available for purchase to consumers in those cities and states. It would hamper interstate commerce also. I believe it would also hurt the states or cities that would not allow the corporation to open in their area, due to the fact that they would not have to benefits to their economy that the business would provide. Cheeseman, H.R. (2010). Business law: Legal environment...
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...Equal Protection Clause Yolanda Guy BUSN-420-15578 The Equal Protection Clause in the state of Alabama The Alabama domestic preference tax statute violates the Equal Protection Clause as applied to appellants. An Alabama statute imposes a substantially lower gross premiums tax rate on domestic insurance companies than on out-of-state (foreign) insurance companies. The statute allows foreign businesses to cut back but not to eliminate the differential by investing in Alabama assets and securities. Appellant foreign insurance companies filed claims for refunds of taxes paid, contending that the statute, as applied to them, violated the Equal Protection Clause. The State Commissioner of Insurance rejected the claims. On consolidated appeals to a county Circuit Court, in which many domestic companies got involved, the statute was sustained on summary judgment. The court ruled that the statute did not violate the Equal Protection Clause because, along with increasing revenue, it served the lawful state purposes of uplifting the formation of new insurance companies in Alabama and monies investment by foreign insurance companies in Alabama assets and securities, and that the difference between foreign and domestic companies was rationally related to those purposes. The Alabama Court of Civil Appeals declare the finding as to legitimate state purposes, but remanded for an evidentiary hearing on the issue of rational relationship. On certiorari to...
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...Edward County, the Warren Court decided that “[t]he Equal Protection Clause demands no less than substantially equal state legislative representation for citizens, of all places as well as of all races” in Reynolds v. Sims. Reynolds v. Sims, like Griffin v. County School Board of Prince Edward County, applied the Equal Protection Clause and showed an expansion of the clause. Not only was it asserted that a State was to construct both houses of bicameral state legislatures apportioned on a population basis, but that the State had also made an honest and good faith effort to do so. This honest and good faith effort is similar to the Warren Court’s judgment...
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...The Equal Protection Clause what is it and how does it affect you? So how many people out there actually know what our Constitution entails? This would be the part where we hear crickets. Why because unless you are super passionate about politics or want to eventually run for congress at some point in your life you, like so many other American citizens have no idea what laws and amendments are set in place. This is where I seek to educate at least on one small faction of the fourteenth amendment. Now I know that for some learning about our government is probably high on the list of things you would rather not do however, there is a lot that we could all stand to learn about protecting these rights we hardly know anything about. 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 with its jurisdiction “the equal protection of the laws”. In other words it is the constitutional guarantee that no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances. With the amount of problems this country has faced and is facing dealing with discrimination and inequality I believe it holds a very valuable place within our Constitution and more importantly our society. The Equal Protection clause was the center piece of the Civil rights movement and it contributed...
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...department of law Pune Comparative public Law - I First Assignment “DISCUSS THE “EQUAL PROTECTION CLAUSE WITH RESPECT TO “14 TH AMENDMENT OF THE U.S CONSTITUTION AND ANAYLZE WITH RESPECT TOEVOLUTION OF FUNDAMENTAL RIGHTS” SUBMITTED BY SHREYA CHAURASIA L.L.M .I ST SEMESTER ROLL NO. 64 PRN-15010143064 [2015-2016] Introduction “No person shall...be deprived of life, liberty, or property, without due process of law... Amendment V Article [V] (Amendment 5 - Rights of Persons) No person shall be held to...
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...find a case that deals with Due Process, the Equal Protection Clause or Delegation. Plessy v. Ferguson (1896) What are the important and relevant faces of the case? The Case is based upon The Equal Protection Clause, in which, this case occurred one hundred and nineteen years ago, but it was very interesting as to see what has changed during the century. In 1890, Louisiana State passed laws prohibited races to sit together on railroads; something in common with segregation in the south in the 1950’s and buses. Trains were required to have seating for different races and were divided by curtains or some form of barricade to prevent the races from sitting beside one another. Homer Adolph Plessy, a Louisiana businessman, who lived a society of whites and blacks, happen to have a black grandparent, in which Louisiana law defined him as an “octaroon”, one eight of black heritage. Plessy did not consider himself black, but Louisiana did and therefore made him sit in the segregated area for blacks. Plessy did not agree and challenged the Jim Crow laws by breaking the law intentionally and sitting in an area of the train that Louisiana law said he was prohibited to sit in, in which case caused him to be arrested and charged with criminal violation of the state law. What issues is the court addressing? What is the legal problem? At the time, the legal issues the court is addressing, were the 13th Amendment and the Equal Protection Clause of the 14th Amendment that addressed Plessy’s...
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...start of the Civil Rights Movement. The event that truly set off this famous movement was the decision in the Mendez v. Westminster case in 1947, because this case acted as a precedent for all other court cases regarding equal rights in education and provided hope for change. In the early and mid-twentieth century, America was operating based off of the 1896 Plessy v. Ferguson ruling that “separate but equal” was perfectly legal. This...
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...Privacy, Equal Protection, and Legalizing Sodomy In 1965 the landmark case Griswold v. Connecticut the Supreme Court recognized penumbra emanations regarding the right to privacy protected from governmental intrusion. Plaintiffs Estelle Griswold, the Executive Director of the Planned Parenthood League of Connecticut, and C. Lee Buxton, a licensed physician serving as the Medical Director for the League in New Haven, were found guilty and charged as accessories to Connecticut’s General Statutes §§ 53-52 and 54-196 for providing advice and prescribing a contraceptive device for a heterosexual married couple. The statutes at issue stated that: (1) Persons preventing conception using drugs, medicines,...
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...Alabama Court of Civil Appeals affirmed. In the Language of the Court The U.S. Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prohibits peremptory strikes based solely on race, and it extends to forbid gender-based peremptory challenges. A peremptory challenge must not be solely based on the juror characteristic of gender. If gender does not serve as a proxy for bias, unacceptable jurors may be removed, including those members of a group or class. Previously, the Court held that Equal Protection Clause of the Fourteenth Amendment governed the exercise of peremptory challenges by a prosecutor in a criminal trial. A defendant has no right to a jury composed of people of his or her own race, but a defendant does have the right to be tried by a jury whose members are selected based on nondiscriminatory criteria. The U.S. Supreme Court has repeatedly issued opinions that reaffirm its commitment to jury selection procedures that are fair and nondiscriminatory. Whether the trial is civil or criminal, potential jurors and litigants have an equal protection right to jury selection procedures that are free from state-sponsored group stereotypes rooted in and defined by historical prejudice. Intentional discrimination on the basis of gender by state actors in the use of peremptory strikes in jury selection violates the Equal Protection Clause. Litigants in any...
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