Everybody is treated the same, regardless of their differences
Equal Protection Under The Law
Equal protection under the law is a fundamental principle of government in a country. It seeks to ensure that no individual is denied their rights regardless of race, religion, or political position.
At the same time, all individuals must be treated equally under the law. To this end, the same benefits are provided to every citizen in similar circumstances or situations.
However, to better understand this point, we must delve a little into the United States of America law. If you want to learn more, just keep reading.
What examples exist of equal protection under the law?
There are multiple examples of how the law covers all individuals equally. A basic example is an application for a driver’s license.
One must pass a vision and a driving test to obtain a license. Any individual who meets these conditions can pass the test. On the other hand, the law prohibits under its equal protection clause the denial of a driver’s license to a person based on race, creed, or sex.
On the other hand, equal protection extends to other situations. The right to remain silent, the right to counsel, and due process of law are examples of how equal protection works under the law.
What laws announce equal protection under the law?
The 14th amendment found in the U.S. Constitution clearly indicates this right. Although ratified in 1868, this amendment gives all U.S. citizens equal protection under the law.
This protection includes native-born as well as naturalized Americans. By that time, it even included slaves. Subsequently, with the abolition of slavery, this amendment remained one of the three amendments unchanged.
What is the difference between equality before the law and equal protection under the law?
These two terms are often mentioned when speaking of equality in the law. Both secure rights in pursuing justice, but they have different meanings.
Equality before the law refers to the fact that every individual is accountable to the law. No person, regardless of privilege, race, or religion, has any benefit under the law. All judicial proceedings shall affect equally all individuals who have committed similar crimes.
On the other hand, equal protection under the law speaks to citizens’ opportunities in a judicial process. The law will provide equal opportunities to all individuals whenever similar situations arise.
What elements are necessary to establish a claim under the equal protection clause of the law?
One of the following two situations must be present to file such a complaint.
- The government entity is treating two individuals differently even though the situation presented is similar.
- The government entity applies its laws differently for each person. It benefits specific individuals for their protection and denies them to others.
Why is equal protection under the law necessary?
Found within the Constitution, equal protection under the law is one of the primary rights of Americans. This amendment seeks to protect all individuals from unfairness by the government without justification.
Finally, this amendment has gained momentum lately. Various governmental and law enforcement agencies ignore it, creating controversy over being treated differently for having a different race, ethnicity, or religion.