11/18/2023 0 Comments Equal protection clause amendment330 (1972).Īlthough no opinion of the Court attempted to delineate the process by which certain “fundamental” rights were differentiated from others, 8 Footnote This indefiniteness has been a recurring theme in dissents. Thereafter, the phrase was used in several voting cases in which restrictions were voided, and the doctrine was asserted in other cases. and the phrase “compelling state interest” was used several times in Justice Brennan’s opinion in Shapiro v. A stiffening of the traditional test could be noted in the opinion of the Court striking down certain restrictions on voting eligibility 5 Footnote Carrington v. in which the Court subjected to “strict scrutiny” a state statute providing for compulsory sterilization of habitual criminals, such scrutiny being thought necessary because the law affected “one of the basic civil rights.” In the apportionment decisions, Chief Justice Warren observed that, “since the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized.” 4 Footnote Reynolds v. that the “fundamental right” theory had its origins in Skinner v. The effect of applying the test, as in the other branch of active review, is to deny to legislative judgments the deference usually accorded them and to dispense with the general presumption of constitutionality usually given state classifications. The other phase of active review of classifications holds that when certain fundamental liberties and interests are involved, government classifications which adversely affect them must be justified by a showing of a compelling interest necessitating the classification and by a showing that the distinctions are required to further the governmental purpose. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws. Amdt14.S1.4.3.1 Equal Protection: OverviewĪll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
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