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An Overview of Equal Protection

An Overview of Equal Protection

Learn about the basics of the Equal Protection Clause of the Fourteenth Amendment, the elements necessary for challenging government action on equal protection grounds, and the standards of review applied by courts (i.e., strict scrutiny, intermediate scrutiny, and rational basis review).


Welcome to Equal Protection under the Fourteenth Amendment!

I. Civil War Amendments

The Thirteenth, Fourteenth, and Fifteenth Amendments are sometimes referred to collectively as the Civil War Amendments, or the Reconstruction Amendments. Congress adopted these amendments in the years immediately following the Civil War to guarantee the rights and liberties of former slaves, but the Fourteenth Amendment, in particular, continues to be an important limit on government action, so we’ll spend most...