Equal Protection Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire

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The United States of America is considered one of the beacons of civil rights among modern civilized nations. These civil rights are expressed in three documents: the Declaration of Independence, the Constitution, and the Bill of Rights. One of the most important aspects of civil rights involves the concept of equal protection.

Sources Of American Equal Protection Law

In the Declaration of Independence, the Founders specifically stated that all men are created equal. There were many reasons for the creation of the Declaration of Independence, but primary among them were that the colonists had not been receiving equal treatment, protection, or representation concerning the law and government.

Equal protection of the law is also mentioned in the Fourteenth Amendment to the Constitution. Furthermore, the U.S. Supreme Court has recognized that the Fifth Amendment includes the right of equal protection even though it is not specifically stated. In practice, the U.S. Supreme Court has applied the Fourteenth Amendment and equal protection against the states, while the Fifth Amendment and equal protection has been applied against the federal government.

Many people think of equal protection as meaning that all laws should be enforced identically against all people. Although this appears to be the literal meaning of the phrase, the interpretation and application of the right of equal protection is not so broadly construed, and there are a number of exceptions. Generally speaking, equal protection applies in two situations: when a government act interferes with the exercise of a fundamental right relative to a class of people or when a government classification or category affects the rights of certain classes of people, usually a minority.

Fundamental Rights Defined

Fundamental right has several meanings, but the U.S. Supreme Court has presented three basic definitions. The first considers whether the right in question is a natural right under the principles of natural law, such as the right of self-defense, as espoused by Sir William Blackstone, a famous English legal commentator, in his Commentaries on the Laws of England. The second considers whether the right in question is fundamental to American justice and implicit in the concept of ordered liberty, as recognized in Duncan v. Louisiana. The third considers whether the right is implied in the penumbra of the Bill of Rights, such as the right to privacy, as recognized in Griswald v. Connecticut. The second meaning has been the most frequently cited by the American courts. As a practical matter, what is a fundamental right in America consists of the first ten amendments to the U.S. Constitution, as presented in the Bill of Rights, with some exceptions under the Doctrine of Selective Incorporation.

Unacceptable Classifications Of Minorities

Under the second aspect, equal protection does not prohibit the government from classifying or categorizing people. Rather, it prohibits classification or categorization of people from three perspectives. The first level of classifications or categorizations subject to equal protection analysis includes those that are considered the most suspect. The judicial examination of laws that employ race or nationality as a classification or category are judged under what is called “strict scrutiny.” For example, it violates equal protection to classify or categorize a person according to race or nationality unless there is a compelling or overriding government interest at stake. A primary example of this type of prohibited classification and race is the doctrine of separate but equal, recognized in Plessy v. Ferguson and subsequently overruled in Brown v. Board of Education.

The second level of classifications or categories subject to equal protection analysis includes those that are questionable. The judicial examination of laws that employ gender or illegitimacy as a classification or category are judged under what is called “intermediate scrutiny.” For example, it violates equal protection to classify or categorize a person according to gender or illegitimacy unless the classification has a substantial relationship to an important government interest. A primary example of the prohibited use of gender as a classification or category is United States v.Virginia, wherein the U.S. Supreme Court found that it violated equal protection to admit only men into the Virginia Military Institute, a previously all-male, state-operated military educational institution. A primary example of the prohibited use of illegitimacy as a classification or category is Clark v. Jeter, wherein the U.S. Supreme Court found that it violated equal protection to apply a statute of limitations concerning paternity actions by illegitimate children.

The third level of classification or categories subject to equal protection analysis includes those that are not generally prohibited by the Constitution. The judicial examination of laws that employ economic differences or social welfare legislation are judged under what is called “rational relationship.” For example, there will be no violation of equal protection if the law in question has a rational relationship to any legitimate government interest.

In Griffin v. Illinois, the U.S. Supreme Court recognized that equal protection in American law is applicable in criminal prosecutions under the principle that all people must stand equal before the courts and receive a fair trial. However, American courts have widely recognized that selective prosecution does not raise a constitutional claim of violation of equal protection unless the difference in prosecution is based on an improper class or motive, such as race. Thus, some discretion in prosecution is permitted even though it appears to violate the strict application of equal protection of the law.

Equal Protection In International Politics

In the realm of international politics, equal protection and equal rights are frequently advanced principles. In the United Nations Charter (1945), equal protection is mentioned in a number of places as a goal for all people. In article 1, the charter advocates equal rights for all people, and in article 13, it advocates rights and freedoms for all without regard to race, religion, sex, or language. In article 55, the charter advocates equal rights for all people concerning economic and social conditions, which is much more expansive than the American notion of equal protection. However, for the most part, the United Nations Charter is considered a document of aspirational goals and not legal mandates.

In contrast, however, the International Covenant on Civil and Political Rights (1976) expresses the principle that all people have equal rights and are equal before the law, and this covenant is considered binding as a treaty under international law. Although many nations, including the United States, have ratified it, the United States has imposed a number of restrictions on its ratification, so the covenant cannot be enforced in U.S. courts.

In summation, equal protection, in the political sense, means that all people are entitled to the same protection under the law. However, in application before courts of law, equal protection can and does mean something different and is dependent on the jurisdiction enforcing the law.

Bibliography:

Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954).
Clark v. Jeter, 486 U.S. 456, 108 S.Ct. 1910, 100 L.Ed.2d 465 (1988).
Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968).
Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956).
Griswald v. Connecticut, 381 U.S. 479, 85 S.Ct. 1678, 14 L.Ed.2d 510 (1965).
International Covenant on Civil and Political Rights. 1976.
Joseph Tussman & Jacobus tenBroek, The Equal Protection of Laws, 37 Calif. L. Rev. 341 (1949).
Kenneth L. Karst, The Fifth Amendment’s Guarantee of Equal Protection, 55 N.C. L. Rev. 540 (1977).
Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 138, 14 L.Ed. 256 (1896).
Ronald Rotunda & John Nowak, Treatise on Constitutional Law (West 3d ed. 1999).
United Nations Charter. 1945.
S. Bill of Rights. 1791.
S. Constitution. 1788.
S. Declaration of Independence. 1776.
United States v. Virginia, 518 U.S. 515, 116 S.Ct. 2264, 135 L.Ed.2d 735 (1966).