Question:

Can anyone help me with the equal protection clause of the 14th amendment?

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I'm doing some research for a speech I'm writing. Are there any implied responsibilities of citizens under the equal protection clause?

All I can find focuses on state government.

Thanks.

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6 ANSWERS


  1. It extends to employers, that's about it..


  2. "Generally, the question of whether the equal protection clause has been violated arises when a state grants a particular class of individuals the right to engage in an activity yet denies other individuals the same right."

    Employers are not suppose to discriminate based on religion, s*x, age, etc... Citizens that feel that they have been discriminated against have the right to take the matter to court.

    The States are responsible for deciding what "class"(age, gender, etc) is a protect class of people.

    Good luck with your speech!

  3. the earlier answers are good and reliable.  If you are trying to advance the argument without regard to the judicial constructions given to the clause, you might try working from the Preamble to the Constitution which states, "WE the people, in order to establish a more perfect union...establish this Constitution of the United States."  The argument would be that when we the people acted as the preamble states, there is an implied duty on the people to conduct their personal affairs in ways that do not directly conflict with the high duty of equal protection that the Constitution emposes on gevernment.  In support of the argument, one could assert that a person, due to position, wealth or otherwise, that has coercive power over groups of people, should deal with the group in an equal manner, when the exercise of that power is in operation.  Probably, this is not a supportable argument if you were in the supreme court of the United States, but I doubt you are asking this question in preparation for an argument before that Court.

  4. Suggest you look at the 14th and decide which citizens you are referring to----you will find that the 14th created 2 classes of citizens.

  5. A good example would be is if you were an undocumented alien and you were charged with a criminal offense, you would have the same rights and protections of the law as anyone who was born here in this country.  They could not discriminate against you or deprive you of the "equal protection of the law" just because you were not a documented alien.  We have seen in recent cases abroad where Americans have been imprisoned because of being American.  This is not equal protection of the law.

  6. Anything in the Constitution that regulates individual conduct is either an error (such as the 13th Amendment) or a perversion of the document (such as the Commerce clause being used to end discrimination in private businesses).

    The purpose was to control the federal government, not to give the federal government power to control you and me.

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