Identify and define the three standards of review used by the Supreme Court when deciding cases under the Equal Protection Clause. What is the importance of the distinctions between each?© BrainMass Inc. brainmass.com June 19, 2018, 8:20 pm ad1c9bdddf
You are being asked to identify and define three standards of review the Supreme Court uses when they review cases under the Equal Protection Clause. First it is important that you understand a little about the Equal Protection Clause which was enacted in 1868 within the fourteenth amendment. Very simply put this clause says to individual states that the law must be applied equally. It further says to states that they cannot discriminate against people or groups of people arbitrarily. For example a state cannot only give vision tests to African Americans as a part of their driving test. If this is a part of the driving test for African Americans then it would have to be a part of the driving test for everyone.
One of the largest cases ever that pertained to the Equal Protection Clause was Brown v. Board of Education. This was heard in 1954 and it overturned the decision made in 1896 that racial segregation did not violate the Equal Protection Clause. (Americapedia, nd).
Now that we have a little clearer understanding of the Equal Protection ...
There are three standards of review the Supreme Court utilizes when deciding cases that fall under the Equal Protection Clause. This response not only identifies those standards but reviews the distinction and the importance of the distinction between each standard.