The 14th Amendment: Equal Protection and Due Process

Foundational

An introduction to the key clauses of the Fourteenth Amendment, including the Equal Protection Clause and Due Process Clause. This stack covers their original intent, modern application in civil rights, and the foundational concepts of selective incorporation and the state action doctrine.

The 14th Amendment: Equal Protection and Due Process

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What are the four key clauses found in Section 1 of the Fourteenth Amendment?

Section 1 contains the Citizenship Clause, the Privileges or Immunities Clause, the Due Process Clause, and the Equal Protection Clause.

What is the function of the Citizenship Clause in the Fourteenth Amendment?

It grants citizenship to all persons born or naturalized in the United States, thereby establishing birthright citizenship and overturning the Supreme Court's decision in *Dred Scott v. Sandford* (1857).

What does the Privileges or Immunities Clause of the 14th Amendment state?

It prevents states from abridging the "privileges or immunities" of U.S. citizens. Its scope was severely limited by the Supreme Court in the *Slaughter-House Cases* (1873), making it less impactful for civil rights litigation.

What are the two major functions of the Due Process Clause of the 14th Amendment?

It prohibits states from depriving any person of "life, liberty, or property, without due process of law." It is the basis for (1) procedural fairness from states and (2) the doctrine of selective incorporation, which applies the Bill of Rights to the states.

What is the core principle of the Equal Protection Clause of the 14th Amendment?

It mandates that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This clause is the primary constitutional basis for challenging laws that create classifications and treat groups of people differently.

Define the doctrine of "selective incorporation."

It is the process by which the Supreme Court has, on a case-by-case basis, applied most of the protections from the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment.

What is the "state action" doctrine?

The legal principle that the protections of the Fourteenth Amendment, including the Equal Protection Clause, apply only to actions taken by government (federal, state, or local) and not to discrimination by private individuals or entities.

What was the significance of the Supreme Court's ruling in *The Civil Rights Cases* (1883)?

The Court struck down the Civil Rights Act of 1875, ruling that the 14th Amendment did not give Congress the power to outlaw discrimination by private individuals. This decision firmly established the state action doctrine.

What legal doctrine was established by the Supreme Court in *Plessy v. Ferguson* (1896)?

The "separate but equal" doctrine. The Court held that state laws requiring racial segregation were constitutional under the Equal Protection Clause, provided that the separate facilities for each race were equal in quality.

The 14th Amendment: Equal Protection and Due Process

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