Equal Protection Under the Law Part I and II - 75796

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Equal Protection Clause became an important part of the Constitution in 1868 when the Fourteenth Amendment was ratified. The Fourteenth Amendment guarantees the citizen will never be denied equal protection under the law within the state. This right was afforded through the federal government but no state was required to guarantee equal protection until the 14th Amendment became a part of constitutional law. The original goal of the 14th Amendment was to ensure the newly freed slaves were guaranteed the same rights as other citizens but now is applied against any law that may deny any citizen equal protection.

In order to honor the intent of the Fourteenth Amendment the laws that creates racial classifications will be reviewed by the court applying the Strict Scrutiny Test but this was not always the case. When the 14th Amendment originated it did not have the same power as the 5th Amendment which ensures equal protection under federal laws and instead was only applied to case the dealt with race separation. It was not until the Warren