All Men are Created Equal?: Right to Equality 1. Derived from 13th, 14th, 15th, 19th and 24th Amendments a.13th – (1865) Abolished Slavery.

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Presentation transcript:

All Men are Created Equal?: Right to Equality

1. Derived from 13th, 14th, 15th, 19th and 24th Amendments a.13th – (1865) Abolished Slavery

b. 14th – (1868) Everyone born in US or naturalized is a full citizen (Equal Protection Under Law)

c. 15th- (1870) Right to vote for all men

d.19th – (1920) Right to vote for all women

e.24th – (1964) NO poll tax

2. Discrimination - Obstruction of one’s right to equality based on membership in a certain group

3. Not all discrimination is Illegal EX: people under the age of 16 may not drive EX: people under the age of 16 may not drive

4.Discrimination is Illegal when it violates when it violates Equal Protection Standard i. Def: 14th Amendment guarantees that all citizens are protected equally under the law

5. Three Tests a. Rational Basis Test i.Used in most cases ii. Question: Does the law have a rational basis? Is there a logical explanation for the purpose of the law? If yes, it is Constitutional If yes, it is Constitutional

EX: 16 yr old drivers > in general, people become more responsible as they get older, so it is logical to not allow young people to drive EX: 16 yr old drivers > in general, people become more responsible as they get older, so it is logical to not allow young people to drive

b. Strict Scrutiny Test i.Used for cases dealing with Race, National Origin, Citizenship, or fundamental Constitutional rights

ii. Question: Does the law serve a compelling Gov’t interest? Is there a less Intrusive way? 1.If answer to 1st is yes, and 2nd is no, it is Constitutional

2.Ex: A town passes a law against ritual animal sacrifice by a certain religion. Compelling gov’t interest? Yes, humane treatment of animals. Compelling gov’t interest? Yes, humane treatment of animals. Less intrusive way? Yes, don’t target religion, just pass a law against killing animals in general. Less intrusive way? Yes, don’t target religion, just pass a law against killing animals in general.

c.Substantial Relationship Test i.Used in sex discrimination cases ii. Question: Is there a close connection between the law/practice and its purpose? Does the law/practice serve important gov’t interest?

1.If answer is yes to both, then Constitutional EX: State law requires high school boys to take four years of gym and high school girls to take two.  Unconstitutional because there is not a close connection between being male and needing more physical activity  Unconstitutional because there is not a close connection between being male and needing more physical activity