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Philosophical Issues of Gender and Sex
Philosophy
May 1, 2018
Equal Protection and Due Process
The Constitution of the United States grants the same rights of life, liberty and property twice in two separate amendments. The Fifth Amendment states the Federal Government that no one shall be “deprived of life, liberty or property without due process of the law.” The Fourteenth Amendment repeats the same words but it is called the Equal Protection Clause as the States obligation to carry out the same rights. States cannot deny anyone the equal protection of the law. How can something so important that it needs mentioning twice be so different and interpreted different among members of the Supreme Court?
The Fifth and Fourteenth Amendment lessens the government’s ability to discriminate. The Fifth Amendment allows individuals “life, liberty, or property” without due process and that everyone has equal protection of the law. The Fourteenth Amendment was written so the individual states cannot prohibit an individual’s right to due process and equal protection. Due process protects individuals using procedures such as hearings that are fair and unbiased. Equal protection refers to un bias of an individual based on membership to a group like race or religion. The Fifth Amendment is included in the Bill of Rights. In 1791, The Fifth Amendment was ratified and mirrored the Magna Carta from England. The Fourteenth Amendment was established in 1865 after the Slaves were freed. Along with the Civil Rights Act of 1866, citizenship was guaranteed regardless of race, color or involuntary servitude. The first section of the fourteenth amendment is one of the most litigated parts of the Constitution.
By definition Due Process is a course of formal proceedings that are carried out with established rules and principles. The Due Process Clause in the Fifth Amendment guarantees no one will be “deprived of life, liberty or property without due process”. An individual suspected of committing a crime cannot incriminate oneself. When taken into custody he must be given his Miranda Rights explaining these rights. He is also granted a trial or a date in a courtroom. The Due Process Clause in regards to the Fifth Amendment is sometimes referred to as procedural due process. Similarly, Due Process in the Fourteenth Amendment states, “that no State will make or enforce laws that deprive any person “life, liberty or property, without due process of the law nor deny any person within its jurisdiction the equal protection of the laws.” The Fourteenth Amendment applies to the States individual right to govern their land. Each State has the right to create laws and change them accordingly. Procedural due process guarantees legal procedure when government attempts to infringe on an individuals right to life, liberty or property. However, substantive due process is the guarantee of fundamental rights of the people that cannot be controlled by or influenced...
