Equal Protection under Law - Research Paper Example

Equal protection under law al affiliation: Introduction Equal protection under law is a constitutional clause that has elicited intense debate among various stakeholders in the US. The intense debate has been apparent due to the impact of the clause politically and constitutionally. Individuals across the political divide in US have divergent opinion on the law as some support its launching while the rest contradicts its implementation. Those supporting the law cite its relevance in curbing gross injustices that various groups of individuals have been subjected to. They hold that the law is the only way through which justice and equality can be obtained in line with all the facets of operation. They also believe that the law is highly relevant for the realization of both civil and liberty rights. As noted by Lee (2003), equal protection under law is known as “equal protection clause”. The clause was integrated in the US constitution in the year 1868 under the fourteenth amendment schedule. It was introduced to ensure that economic, political, and social inequalities are mitigated in the US. Its primary motivation was to ensure that no amount of discrimination based on race, gender, and disability among other characteristics witnessed in the nation. In its content, the clause states, “no state shall deny at any rate the citizens within its jurisdiction the equal protection of the laws”. It obligates federal states and authorities to foster equality in entirety through ensuring that service delivery in diverse sectors are offered fairly. The clause was introduced in the fourteenth amendment to facilitate the realization of the public rights as provided in the civil and liberty rights acts (Lee, 2003). The acts provide key rights that individuals hold up to regardless of status. However, people never enjoyed the rights due to lack of goodwill. This escalated the heights of discrimination and unfairness especially to the minority groups and blacks in the US. The groups were subjected to inhuman treatment as they were denied access to quality medicare, education, and food. They were also subjected to heavy duty tantamount to gross slavery. The atrocities and unfairness prompted the need for the law. Since the introduction of the law, it has presented serious political and economic implications (Lee, 2003). The implications reign since the provision of the law influences political, constitutional, and economic activities in the nation. The issue of equality remains grave in the state that has both reservists who view the law negatively and democrats who holds that the law is due. Presently, individual’s viewpoint and party affiliation stand on the law informs political decisions in the nation greatly. The need for the law and its impact Inequality was a major threat to integration and unity among individuals of diverse background and status in the US from the ancient days. In 1886 when the law was drafted, injustices of diverse nature were ripe. The injustices included slavery, discrimination based on protected characteristics such as race, gender, disability and inequality in the provision of social services (Lee, 2003). The imbalance in service delivery caused disharmony especially among the blacks and whites. The blacks were unhappy with the kind of treatment they received from the whites who regarded them as secondary in their hierarchy of priorities. The blacks were subjected to heavy workload, poor education, healthcare, and access to food items. Their civil and liberty rights were also violated, as they were not allowed to express themselves freely, vote, vie for leadership, and faced unfair court trials (Sullivan & Massaro, 2013). They were also denied the right to privacy that remains a fundamental privilege of humanity. To date, the law has been charting the political path of the leaders elected in the political positions. The position of leaders on the issues of human rights influences greatly political contest at all levels. Currently, the electorates seek for leaders with dynamic views and understand the bill of rights very well. Implications of the clause based on federalism, civil and liberty rights Ideally, the clause has been presenting immense constitutional issues, influencing the scope of governance in diverse federal states, and the character of the government. In particular, the need to foster equality has constantly prompted the formulation of additional legislation purposely to guarantee adherence to human rights. It has also presented far-reaching implications to the civil rights, liberty rights, and federal states. Federalism Federalism is a system of governance that is based on clear democratic rules and guidelines. It is also based on institutions where governing power and authority is shared equitably between national and province or state governments (Feeley, Rubin, Feeley & Rubin, 2008). Under the system of governance that is gaining popularity in most jurisdictions, a single representative governs members. They are bound together by a constitutional covenant. As noted, federalism is a system of governance in which sovereignty is shared constitutionally between the centralized governing system and the political units. Making decisions under such a system may prove difficult especially when it comes to legislative missions due to the high levels of authority indulgence. The levels may compromise unified adoption of fundamental human rights. (Feeley, Rubin, Feeley & Rubin, 2008). The levels may also impede the process of legislation since every state comes up with distinct proposals. Federalism has been touted as one of the major reasons that hinder realization of equal protection law. This calls for amicable strategies of addressing emerging issues in nations governed by the rule of law (Gerston, 2007). The delays are caused by the resistance of states towards equality proposals especially states that predominantly occupied by reservists. In US, federalism has been presenting immense complications in the holistic implementation of the equal protection law. Some federal states have been delaying the process of implementing equal protection law due to delayed legislative processes. The states fail to adopt necessary legislations that aimed at addressing citizen rights. For instance, some states have not customized the discrimination laws that found in the bill of rights under the fourteenth amendment schedule. Some have also not embraced various legislations that appertain to privacy rights, freedom of speech, voting rights, and fair court trial. The snail pace of legislation enactment is hindering unified adoption and implementation of the equal protection law. It impedes the realization of its intended objectives that include eradication of unfair practices and discrimination. The equal protection law is promoting necessary fairness and equity in the nation despite eminent challenges. This is apparent given that the due process obligates both national and local authorities to provide civil, liberty rights and basic needs without discrimination. The clause indicates that no official should deprive any citizen right to life, freedom of speech, right to privacy, marry and vote. The clause also obligates the courts to declare the bill of rights as a binding covenant that is applicable to all states. These initiatives have revolutionized the way citizens are treated in the US irrespective of color, race, gender and status. Civil rights Civil rights are legal provisions that aimed at promoting respect to humanity. The rights entail fundamental freedoms that individuals are entitled to enjoy in diverse jurisdictions by virtue of being members (Sullivan & Massaro, 2013). The main aim of civil rights is to curb inequality by fostering democratic ways of management of public affairs and treatment of citizens. The rights are fundamental part of any constitution in many nations. They give clear demarcation and guidelines on how citizens should be treated. The rights recognize that everyone is equal and that fairness must be exhibited in all spheres of operation. The rights seek to eradicate any form of injustice, unfairness, and irresponsible behavior due to discrimination. It also seeks to eradicate oppression and unfair dealings. In US, civil rights were developed to ensure that citizen rights are adhered to and equal protection of the law is upheld (Sullivan & Massaro, 2013). It was also developed to boost fairness by eliminating any form of prejudice based on gender, race, color and disability. Its real intention has been to ensure that every individual is accorded his rightful place and that basic rights are enjoyed explicitly without discrimination. The legislation put in place under forth amendment in the civil rights section, presents credible guidelines on how human rights are to be protected. The legislation has far-reaching implications that help in shaping social, political, and economic landscape of a nation. The civil rights have promoted the elimination of discrimination based on race, color, gender among other characteristics. Currently, the level of discrimination has gone down compared to the ancient days when blacks were deprived of their obvious rights. For instance, they were denied the right to mingle with elite, access of quality Medicare, schools, and white-collar jobs (Schultz, 2002). The good things were a preserve of the whites who used their numbers and prowess to oppress them hugely. The blacks and other minority groups are currently finding their way in decision-making positions because of the systematic implementation of the civil rights. Gross violation of human rights is in the decrease courtesy of the civil rights as envisaged. This is evident since the blacks and other groups can now access quality Medicare, interact with the whites, acquire formal employment, good education and contribute in decision-making. The people in various states acknowledge presently that everyone has equal capacity to deliver and the needed for equal chances are paramount. Systematic implementation of the civil rights forms the source of the underlying changes in the constitutional, political, social and economic spheres as evident by the appointment of blacks to key positions in the military including other places (Schultz, 2002). Civil rights have also transformed the US justice system that was ailing due to discrimination. The laws regarding the rights are well formulated by the federal and national parliaments and courts are expected to follow them without prejudice. The laws have facilitated fair judgment and the realization of fair court trial. Court trials in the contemporary constitution adhere to the due process. The courts no longer trade in the business of favoritism by virtue of color or race (Schultz, 2002). They give rulings depending on the facts of the case and give strict penalties in case of human right violation. For instance, denial of employee’s promotion at work place based of gender, race, or disability is tolerated no more under the civil rights act. The act is considered a serious violation of the law and the courts implement it faithfully. Similarly, civil rights are seeking to promote togetherness, unity of purpose, understanding and respect to humanity in US. Understanding and practicing of the rights is making people to view others as valuable assets (Schultz, 2002). The unity is bound to make US grow or advance to greater heights of performance in the years. As said, life is symbiotic and appreciation of one another is the key to advancement, authorities in the nation should find it necessary to encourage fairness in all spheres of operation. The trend that has been set by the recent presidents should continue with regard to the adherence of the civil rights. Other implications of civil rights are that they will advance inclusivity, productivity among citizens, security, good neighborliness and responsibility. The rights are bound to enable citizen to embrace diplomacy that is the best approach towards achieving full democratization. Liberty rights According to Lee (2003), liberty rights or civil liberties are basic rights that are contained or provided in the bill of rights including the constitution. They also entail freedoms that are guaranteed explicitly by the laws and those interpreted by the courts (Schmidt, Shelley & Bardes, 1997). Civil liberties are constitutional provisions that foster favorable coexistence and respect to humanity. The rights promote social responsibility and equitable distribution of resources. Any nation that seeks to record socio-economic and political growth must put in place effective liberty rights. The nations must also craft viable legislation to ensure that the rights are not infringed upon and that every individual is accorded good treatment. The nations should ensure that liberties that appertain to freedom of speech, right to privacy among others are effectively guaranteed. They must also design laws to foster fair usage of the rights and privileges. This is imperative in ensuring that no amount of irresponsiveness is recorded due to civil liberties (Schmidt, Shelley & Bardes, 1997). In most jurisdictions, civil liberties include freedom of speech, right to privacy, to marry, and right to vote. Others include freedom from unreasonable searches and qualification to fair trial in the courts. The rights were integrated in the US constitution in the year 1886 with the aim of addressing traditional and emerging issues or past injustices. Civil liberties have had far-reaching implications with immense legal connotations. Most of the implications that revolve around the equal protection law have transformed the process of justice system. They have also contributed to free engagement that is necessary for meaningful advancements to be realized. In particular, civil liberty has catalyzed the implementation of freedom of speech in US. Every individual in the nation can make speeches anywhere anytime without discrimination. The right empowers the marginalized groups such as women to make speeches and preside over functions contrary to the ancient days when they were not allowed based on gender discrimination (Schmidt, Shelley & Bardes, 1997). The drafters of the law held that equal protection of the law could not be achieved without freedom of speech. The right has led to the introduction of many legislations and laws aimed at curbing the freedom of speech. For instance, the gaps within the freedom of speech law that fueled abuse among parties has facilitated the amendment of the law to include stringent measures for those misusing the freedom. The introduced laws hold that freedom of expression is not a freedom of saying just anything. The freedom must be used within the confines of the set laws to safeguard individual’s dignity. Variably, the right to privacy that is a key civil liberty is bound to present further implications in the equal protection law. The major implication appertains to the introduction of new clauses in the part that deals with liberty rights. The amendments must be done to ensure that any party or institution such as banks that holds private data of clients does not violate the privacy rights (Stephens, Scheb & Stooksbury, 2006). Achieving equality in data management calls for the institution of stringent controls on data management. The law is to be amended to pass responsibility for data disclosures instead of the rights of people. In the law, the right to privacy should be upheld to eliminate possible conflicts. Therefore, federal governments and the legislature should develop additional laws to eradicate cases of piracy, regulate data management by institutions such as banks and promote responsible dissemination of information by media institutions. The equal protection law also advocates for the right to fair trial in the courts in the US system. To achieve equity, fair trial must be exhibited at all levels of the court system. The courts must find it necessary to gather relevant information from relevant parties upon which to base decisions. They must give fair hearing to both parties in contestation with the view to leveling the play-field. Full achievement of fair trial in the courts would explicitly demand for redrafting of the equal protection law. This calls for scrutiny of new proposals before debating them into law (Stephens, Scheb & Stooksbury, 2006). Equally, the insertion of the provision that guarantees freedom from unreasonable searches of individuals valuables or homes would present financial and legal implications. This is apparent given that there is need for change of some clauses in the protection law to foster equity. That means the law the change of law by deleting and inserting relevant clauses that can help in achieving equity. Variably, financial implication is eminent since processing the changes requires proper financial support. Conclusion Indeed, the equal protection law has been instrumental in promoting social, political, and economic understanding by advancing a sense of togetherness. It has made every individual to appreciate each other and to understand that each person deserve the best treatment. Further, the law has provided a clear framework that has facilitated the implementation and realization of the intentions of the civil and liberty rights. Civil and liberty rights that include freedom of speech, right to privacy, right to fair court trial, good health care, education, food and others are being realized courtesy of the law. Variably, the law has been charting the political path of the leaders elected in the political positions. The position of leaders on the issues of human rights influences greatly political contest at all levels. The electorate currently seeks for leaders with dynamic views and who understand the bill of rights exclusively. They prefer leaders who foster equality and who recognize that inequality is a vice that cannot be practiced in this century as it hinders integration. More gains have been made over the years since the law became part of the US constitution. Inequality levels have always reduced over the years due to the strict measures spelt out in the law. References Feeley, M. M., Rubin, E., Feeley, M., & Rubin, E. L. (2008). Federalism: Political Identity and Tragic Compromise. Ann arbor, Mich: University of Michigan Press. Gerston, L. N. (2007). American federalism: A concise introduction. Armonk, N.Y: M.E. Sharpe. Lee, F. G. (2003). Equal protection: Rights and liberties under the law. Santa Barbara, Calif. [u.a.: ABC-CLIO. Schmidt, S. W., Shelley, M. C., & Bardes, B. A. (1997). American government and politics today. Belmont, CA: West / Wadsworth. Stephens, O. H., Scheb, J. M., & Stooksbury, K. E. (2006). Encyclopedia of American civil rights and liberties. Westport, Conn: Greenwood Press. Sullivan, E. T., & Massaro, T. M. (2013). The arc of due process in American constitutional law. Schultz, D. A. (2002). The encyclopedia of American law. New York: Facts on File. Read More