Laws Subject To Equal Protection Scrutiny
Constitutional Equal Protection analysis applies not only to challenges against the federal government, but also to state and local governments. Although the Fourteenth Amendment's Equal Protection Clause applies only to state and local governments, the United States Supreme Court has implied an Equal Protection limitation on the federal government through a process known as "reverse incorporation." As the Fourteenth Amendment applies directly to the states, the incorporation process was unnecessary to hold this restriction against state and local governments. Equal Protection analysis also applies to both legislative and executive action regardless if the action is of a substantive or procedural nature. Judicially-crafted (common law) rules are also valid only if they conform to the requirements of Equal Protection. See, e.g., Reed v. Campbell, 476 U.S. 852 (1986).
Read more about this topic: Intermediate Scrutiny
Famous quotes containing the words laws, subject, equal and/or protection:
“I have no doubt but that the misery of the lower classes will be found to abate whenever the Government assumes a freer aspect and the laws favor a subdivision of Property.”
—James Madison (1751–1836)
“Hard-hearted girl,
get rid of these doubts
based on false rumor.
It’s not good
to subject me to sorrow
because of backbiters’ words,
or have you decided now,
silly girl,
that it’s all true?
Do to me what you will,
sweetheart.
Suit yourself.”
—Amaru (c. seventh century A.D.)
“Hesitation increases in relation to risk in equal proportion to age.”
—Ernest Hemingway (1899–1961)
“We’re for statehood. We want statehood because statehood means the protection of our farms and our fences; and it means schools for our children; and it means progress for the future.”
—Willis Goldbeck (1900–1979)