🫡State and Federal Constitutions Unit 12 – Due Process & Equal Protection: 14th Amendment

Historical Context

• 14th Amendment ratified in 1868 as part of Reconstruction Amendments following the Civil War
• Aimed to address issues of racial discrimination and ensure equal rights for all citizens, particularly newly freed slaves
• Introduced the concepts of due process and equal protection under the law at the state level
• Overturned the Dred Scott v. Sandford (1857) decision, which had denied citizenship rights to African Americans
• Played a crucial role in the incorporation of the Bill of Rights, applying federal constitutional protections to the states
• Paved the way for landmark civil rights legislation and court decisions in the 20th century (Civil Rights Act of 1964, Voting Rights Act of 1965)
• Continues to shape legal debates on issues such as affirmative action, same-sex marriage, and voting rights

Key Concepts and Definitions

• Due Process: The government must respect all legal rights owed to a person and cannot deprive individuals of life, liberty, or property without fair procedures
  • Procedural Due Process: Ensures fair procedures are followed when the government takes action against an individual (notice, hearing, impartial decision-maker)
  • Substantive Due Process: Protects fundamental rights from government interference, even if procedures are followed (privacy, marriage, bodily autonomy)
• Equal Protection: Requires the government to treat all individuals equally under the law and prohibits discrimination based on certain protected characteristics (race, gender, national origin)
  • Levels of Scrutiny: Standards used by courts to determine if a law violates equal protection
    • Strict Scrutiny: Applied to suspect classifications (race, national origin) and fundamental rights; law must be narrowly tailored to achieve a compelling government interest
    • Intermediate Scrutiny: Applied to quasi-suspect classifications (gender); law must be substantially related to an important government interest
    • Rational Basis Review: Default standard; law must be rationally related to a legitimate government interest
• State Action: 14th Amendment only applies to actions taken by state governments, not private actors
• Incorporation: Process by which the Bill of Rights is applied to the states through the Due Process Clause of the 14th Amendment

Due Process Clause Explained

• Found in Section 1 of the 14th Amendment: "...nor shall any State deprive any person of life, liberty, or property, without due process of law..."
• Extends 5th Amendment due process protections against federal government to state governments
• Ensures fair procedures are followed when the government takes action that could deprive an individual of life, liberty, or property
  • Notice: Individuals must be informed of the charges or claims against them
  • Hearing: Individuals must have an opportunity to be heard and present their case
  • Impartial Decision-Maker: The person or body deciding the case must be unbiased
• Protects fundamental rights from government interference, even if procedures are followed
  • Privacy: Griswold v. Connecticut (1965) recognized a right to privacy in the context of contraception
  • Marriage: Loving v. Virginia (1967) struck down bans on interracial marriage; Obergefell v. Hodges (2015) recognized same-sex marriage as a fundamental right
  • Bodily Autonomy: Roe v. Wade (1973) recognized a woman's right to choose to have an abortion; Planned Parenthood v. Casey (1992) reaffirmed this right
• Applies to both criminal and civil proceedings, ensuring fair trials and protecting property rights

Equal Protection Clause Breakdown

• Found in Section 1 of the 14th Amendment: "...nor deny to any person within its jurisdiction the equal protection of the laws."
• Prohibits states from discriminating against individuals based on certain protected characteristics
  • Race: Laws that discriminate based on race are subject to strict scrutiny (Korematsu v. United States, 1944; Brown v. Board of Education, 1954)
  • National Origin: Laws that discriminate based on national origin are also subject to strict scrutiny (Hernandez v. Texas, 1954)
  • Gender: Laws that discriminate based on gender are subject to intermediate scrutiny (Craig v. Boren, 1976; United States v. Virginia, 1996)
• Courts use different levels of scrutiny to determine if a law violates equal protection
  • Strict Scrutiny: Highest level of review; law must be narrowly tailored to achieve a compelling government interest (affirmative action, voting rights)
  • Intermediate Scrutiny: Middle level of review; law must be substantially related to an important government interest (gender-based classifications)
  • Rational Basis Review: Lowest level of review; law must be rationally related to a legitimate government interest (economic regulations, age-based classifications)
• Applies to both intentional discrimination (de jure) and laws that have a discriminatory impact (de facto)
• Has been used to strike down laws that discriminate in areas such as education, employment, housing, and voting rights

Landmark Supreme Court Cases

• Plessy v. Ferguson (1896): Upheld the constitutionality of racial segregation under the "separate but equal" doctrine; overturned by Brown v. Board of Education
• Korematsu v. United States (1944): Upheld the constitutionality of Japanese-American internment during World War II; has been widely criticized and is considered a "stain" on the Court's history
• Brown v. Board of Education (1954): Overturned Plessy v. Ferguson, holding that racial segregation in public schools violates the Equal Protection Clause
• Loving v. Virginia (1967): Struck down state laws banning interracial marriage as violating both the Due Process and Equal Protection Clauses
• Roe v. Wade (1973): Recognized a woman's right to choose to have an abortion as part of the right to privacy under the Due Process Clause; overturned by Dobbs v. Jackson Women's Health Organization (2022)
• Regents of the University of California v. Bakke (1978): Upheld the constitutionality of affirmative action programs in higher education, but struck down the use of racial quotas
• United States v. Virginia (1996): Struck down the Virginia Military Institute's male-only admissions policy as violating the Equal Protection Clause
• Obergefell v. Hodges (2015): Recognized same-sex marriage as a fundamental right under the Due Process and Equal Protection Clauses

Modern Applications and Challenges

• Affirmative Action: The use of race-conscious policies in education and employment to promote diversity and address past discrimination remains controversial (Fisher v. University of Texas, 2016)
• LGBTQ+ Rights: The 14th Amendment has been used to advance the rights of LGBTQ+ individuals, including the recognition of same-sex marriage (Obergefell v. Hodges, 2015) and protection from employment discrimination (Bostock v. Clayton County, 2020)
• Voting Rights: The Equal Protection Clause has been invoked in cases challenging voter suppression laws, gerrymandering, and other barriers to voting (Shelby County v. Holder, 2013; Brnovich v. Democratic National Committee, 2021)
• Reproductive Rights: The overturning of Roe v. Wade in Dobbs v. Jackson Women's Health Organization (2022) has raised questions about the future of reproductive rights and the scope of the 14th Amendment's protections
• Criminal Justice Reform: The Due Process and Equal Protection Clauses have been central to efforts to address racial disparities in policing, sentencing, and incarceration (Floyd v. City of New York, 2013; Edwards v. Vannoy, 2021)
• Immigration: The 14th Amendment's birthright citizenship provision and its application to immigrants have been the subject of ongoing debate and legal challenges (United States v. Wong Kim Ark, 1898; Department of Homeland Security v. Regents of the University of California, 2020)

Critical Analysis and Debates

• Originalism vs. Living Constitutionalism: Scholars and judges disagree on whether the 14th Amendment should be interpreted based on its original meaning or as a living document that adapts to changing societal norms
• Substantive Due Process: Critics argue that the doctrine of substantive due process, which has been used to recognize rights not explicitly mentioned in the Constitution, amounts to judicial activism and legislating from the bench
• Disparate Impact: There is ongoing debate about whether the Equal Protection Clause prohibits only intentional discrimination or also laws that have a disparate impact on protected groups
• Affirmative Action: Supporters argue that affirmative action is necessary to promote diversity and address past discrimination, while opponents claim it violates the Equal Protection Clause and amounts to reverse discrimination
• Federalism: The 14th Amendment's application to the states through the doctrine of incorporation has raised questions about the proper balance of power between the federal government and the states
• Judicial Restraint vs. Judicial Activism: The role of the courts in interpreting and applying the 14th Amendment is a source of ongoing debate, with some advocating for judicial restraint and others supporting a more active role in protecting individual rights

Study Tips and Exam Prep

• Review the historical context and rationale behind the 14th Amendment, focusing on its role in addressing racial discrimination and ensuring equal rights
• Understand the key concepts of due process (procedural and substantive) and equal protection, as well as related terms like levels of scrutiny, state action, and incorporation
• Memorize the specific language of the Due Process and Equal Protection Clauses in Section 1 of the 14th Amendment
• Be able to explain how the Due Process Clause extends 5th Amendment protections to the states and ensures fair procedures and protection of fundamental rights
• Know the three levels of scrutiny (strict, intermediate, and rational basis) and the types of classifications and rights they apply to under the Equal Protection Clause
• Study the landmark Supreme Court cases that have shaped the interpretation and application of the 14th Amendment, focusing on their key holdings and significance
• Analyze modern applications and challenges related to the 14th Amendment, such as affirmative action, LGBTQ+ rights, voting rights, reproductive rights, criminal justice reform, and immigration
• Engage with critical debates surrounding the 14th Amendment, including originalism vs. living constitutionalism, substantive due process, disparate impact, affirmative action, federalism, and the role of the judiciary
• Create outlines, flashcards, or mind maps to organize and review the material, focusing on the connections between historical context, key concepts, landmark cases, and contemporary issues
• Participate in study groups or discussions with classmates to test your understanding, clarify difficult concepts, and explore different perspectives on the 14th Amendment's meaning and application