Essay on "Judicial Appointments Constitution Qualifications"
Essay 2 pages (889 words) Sources: 4
[EXCERPT] . . . .
The U.S. Supreme Court agreed to decide the case. Did the age restriction in the Dallas ordinance violate the Equal Protection Clause?The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. Section 1 reads: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." ("U.S. Constitution: Fourteenth Amendment" 1886).
In essence this portion prohibits by state government institutions and grants all people equal protection of the laws and requires the individual states to apply the law equally without giving preference to one person or class of persons. It can be argued that the Texas ordinance restricting admission to "Class E" dance halls to persons between the age of 14 and 18 discriminates against persons outside of this age range.
Doug Linder (2011) notes that legislation frequently involves making classifications that either advantage, or disadvantage one group of persons, but not another. States allow 20-year-olds to drive, but don't let 12-year-olds drive. Indigent single parents receive government financial aid that is denied to millionaires. Obviously, the Equal Protection Clause cannot mean that government is obligated to treat all persons exactly the same, only that it is obligated to treat people the
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Over recent decades, the Supreme Court has developed a three-tiered approach to analysis under the Equal Protection Clause. Classifications involving suspect classifications such as race are subject to closer scrutiny, as are classifications burdening certain fundamental rights. However, most classifications are subject only to rational basis review. So the question in this case is whether or not the ordinance is rationally related to a legitimate end? If the court believes it does than it will uphold the appellate court's ruling, if not it will be overturned.
References
"Equal protection." (2008). West's encyclopedia of American law, 2nd ed. The Free Dictionary. Retrieved August 30, 2011, from http://legal-dictionary.thefreedictionary.com/Equal+Protection+Clause
Linder, D. (2011). Levels of scrutiny under the equal protection clause. Exploring constitutional conflict. Retrieved August 30, 2011, from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm
"The United States Constitution"(1787, September 17) .The United States constitution. Retrieved August 30, 2011, from http://constitutionus.com/
"U.S. Constitution: Fourteenth Amendment." (1868, July 9). FindLaw.com. Retrieved August 30, 2011, from http://caselaw.lp.findlaw.com/data/constitution/amendment14/ READ MORE
Quoted Instructions for "Judicial Appointments Constitution Qualifications" Assignment:
“1. The U.S. Constitution.
Locate the U.S. Constitution by using an online source. Review the Constitution and then select one of the following questions for discussion. Respond to at least two of your fellow students" postings. a. Which articles and sections deal with the qualifications that people must have in order to serve as a member of the House of Representatives, as a Senator, and as President of the United States? How do those respective qualifications differ? b. What article and section addresses the subject of a presidential veto of a bill passed by the House and the Senate? What is necessary in order for the House and Senate to override a presidential veto?
2. Foundations of American Law.
Respond to Chapter 3, Problem 4 in the text regarding the Equal Protection Clause which I have put below: A Dallas, Texas, city ordinance restricted admission to so-called “Class E” dance halls to persons between the ages of 14 and 18. The ordinance did not impose similar age limitations on most other establishments where teenagers might congregate – for example, skating rinks.
Charles Stanglin, who in one building operated both a Class E dance hall and a roller-skating rink, filed suit in a Texas trial court in an effort to obtain an injunction against enforcement of the ordinance. He argued that the ordinance violated the U.S. Constitution’s Equal Protection Clause. The trial court rejected Stanglin’s argument, but a Texas appellate court struck down the age restriction. The U.S. Supreme Court agreed to decide the case. Did the age restriction in the Dallas ordinance violate the Equal Protection Clause?
How to Reference "Judicial Appointments Constitution Qualifications" Essay in a Bibliography
“Judicial Appointments Constitution Qualifications.” A1-TermPaper.com, 2011, https://www.a1-termpaper.com/topics/essay/judicial-appointments-constitution/236376. Accessed 1 Jul 2024.
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