This LibGuide provides a basic understanding to the Constitution's Fourteenth Amendment's Equal Protection Clause with a minor focus on how it applies in Florida's Court System.
Within this LibGuide one will be able to find relevant information to the Equal Protection Clause using:
This may seem as though it is a silly question to ask, but it is the first thing that must be asked. The Fourteenth Amendment states:
Sometimes it is easy to think that the issue is clearly a violation of the Fourteenth Amendment as the phrase "Nor deny to any person within its jurisdiction equal protection of the laws" seems quite broad; however, this seemingly simple sentence is much more complex, which this LibGuide will demonstrate.
There are a few steps to tackle before we even arrive to the conclusion that there is in fact an equal protection violation.
The first one being:
1) Is there justiciability?
Justiciability, simply put, means that you are the correct person and it's the correct time to bring the claim. The court will consider factors such as:
Standing- This means that you are the one who was injured. You were the one that was harmed in some fashion during this event.
Ripeness- This means the case is ready to be litigated. As in, it isn't some future event that hasn't yet occurred.
The second element one will have to meet is:
2) Is there a state action?
A state action is when the Plaintiff must show that the person who discriminated against them was in some way part of the government, whether it be local, state, or federal. The constitution protects from discrimination from a state actor, not a private actor.
Sometimes it is obvious if the person is a state actor, such as a police officer. Other times it is not so obvious and may fall into another category, such as a private business that is considered a state actor. Check out this helpful FREE video to understand this concept further:
Chemerinsky on Constitution Law: The State Action Doctrine
Further, there is two types of causes of actions one can bring. Either a federal cause of action or a state cause of action. Check out more about this under the Forms, Pleading, and Practitioner Items for causes of action.
3) Is there discriminatory intent?
Essentially discrimination can be intentional or unintentional. Under the Secondary Sources tab, there is a free Cornell Law Review article that addresses this topic.
4) Is the discrimination on the basis of a protected class or characteristic?
Unfortunately, not every type of person is protected under the Fourteenth Amendment (i.e. how children have less rights than adults). The Supreme Court has recognized groups that fall under a suspect class, such as discrimination by race. By clicking the blue link in prong four, more information is available on this topic as well as in the secondary and primary sources prongs.
Check out this free video below, hosted by PBS Learning Media's "Crash Course" series.
If offers free, easy to follow refreshers on many government issues. Source
The Equal Protection Clause is important because it allows individuals to enjoy the same liberties as their similarly situated peers.
This LibGuide has a heightened focus on free legal materials. While there are links to purchase pricey legal books throughout this LibGuide, many sources are free as every person should be able to access legal documentation, case law, statutes, without having to pay a heavy cost.
As you will be able to see, many of the words used throughout the LibGuide are clickable. This refers back to generally free sources or the source in which the material was found.
Please know that this is a guide created by a third year law student, NOT an attorney. Anything within this guide does NOT serve as legal advice. There is no attorney-client relationship created by reading what is on this guide.
This guide was created as a research guide for a school project and as such was created for educational purposes only.
