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27 lut 2015 · Definition of Equal Protection Clause. Noun. A clause in the 14 th Amendment of the United States Constitution that prohibits states from denying “equal protection of the laws” to any person within its jurisdiction. Origin. Proposed in 1866; became effective in 1868.
The Equal Protection Clause’s duality is evidenced by the fact that the Framers of the Fourteenth Amendment adopted all manners of race-conscious measures specifically for black Americans: the Freedman’s Bureau, schools, hospitals, banks, and land.
The equal protection clause prevents the state government from enacting criminal laws that arbitrarily discriminate. The Fifth Amendment due process clause extends this prohibition to the federal government if the discrimination violates due process of law.
This simple phrase, known as the Equal Protection Clause, has spawned a complex body of judicial doctrine. But its original purpose was to ensure that the recently defeated Southern states did not infringe on the rights of the newly emancipated slaves.
