25 Dec 2022

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The Equal Protection Clause: What It Is and What It Means for You

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Academic level: College

Paper type: Assignment

Words: 304

Pages: 1

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As enshrined in the US Declaration of Independence, all men are created equal, and thus the need for all government and private entities to treat all Americans equally. More so, the right to equal protection is defended in the US constitution, which means the argument that the government has gone too far by requiring people to be treated equally is misplaced. In Constitutional Law and the Criminal Justice System, Harr et al.’s (2014) reason that some human rights such as those pertaining to equality are so deep that their position is non-negotiable. Therefore, I would see no situation whatsoever by which a person of colour and a White should be treated preferentially should they hold the same basic minimums for the job. 

More so, in overturning the 1857 Dred Scott decision, the 13th Amendment sealed the commitment to equality and equity, particularly in the ethical realm. In the employment context, the right of equal protection, as enshrined in the thirteenth and fourteenth amendments, restrict the state and federal governments from practicing racism and sexism. Similarly, the rights to liberty dictate that employees are entitled to a fair hearing pending termination of their contracts. Given that, the Fair Labour Standards Act and Equal Pay Act extend the 13th and 14th Amendment’s mandate to prohibit discriminatory remuneration. 

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Given that the US is a democratic society, people are free to think as they wish. Occasionally, liberty invites prejudice, which are the negative attitudes regarding a person or thing. Unlike discrimination, which is the manifestation in action, prejudice might sound harmless, but it has to be called out when expressed. Prejudice is why some people would deem others incapable, as in how some White employers wrongfully conceive Black and Latin people as lazy or incompetent, therefore unworthy. Reading from the script of successful people of colour such as former President Obama, Oprah Winfrey, and many more, we ought to dump such prejudices because they are not factual. In fact, concrete evidence of such bias should be apprehended. Effectively, all people should be treated equally and with dignity. 

Reference 

Harr, J. S., Hess, K. M., Orthmann, C. H., & Kingsbury, J. (2014). Constitutional Law and The Criminal Justice System . Cengage Learning. 

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StudyBounty. (2023, September 16). The Equal Protection Clause: What It Is and What It Means for You.
https://studybounty.com/the-equal-protection-clause-what-it-is-and-what-it-means-for-you-assignment

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