Zitat des Tages über Gleicher Schutz / Equal Protection:
History has shown us that, on extraordinarily rare occasions, it becomes necessary for the federal government to intervene on behalf of individuals whose 14th Amendment rights to legal due process and equal protection may be violated by a state.
The 'takings' clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals.
Money is speech. It's incongruous to say a multimillionaire can spend as much on his own campaign as he wants, but you can only give $2,300. His free speech rights are different from yours, thus violating the Equal Protection Clause of the Constitution. It's absurd.
It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause.
I just want to believe that, as a citizen in this country, that I have equal protection under the law and that I can have a situation assessed fairly, that people can look at it, and that a court of law can determine what the outcome is.
When the 14th Amendment, equal protection clause was enacted, the galleries in the Senate were segregated. Now we have integration.
Can you tell me what's more unconstitutional than taking away from the people of America their Fifth Amendment rights, their Fourteenth Amendment rights, and the right to equal protection under the law?
There is no proportional representation requirement in the Equal Protection Clause.
I do accept that, with - with respect to those vague terms in the Constitution such as equal protection of the laws, due process of law, cruel and unusual punishments. I fully accept that those things have to apply to new phenomena that didn't exist at the time.
I was tremendously fortunate to be alive and a lawyer, working at a university so I had more flexible hours, when the women's movement was coming alive and when it became possible to argue successfully for a view of the equal protection clause that included women.
The Constitution has a good share of deliberately open-ended guarantees, like rights to due process of law, equal protection of the law, and freedom from unreasonable searches.
Civil union is less than marriage. Marriage is a sacred and valued institution and ought to be afforded equal protection.
A ban on same-sex marriage violates the state Constitution's equal protection clause.
What is the American dream? The American dream is one big tent. One big tent. And on that big tent you have four basic promises: equal protection under the law, equal opportunity, equal access, and fair share.
Equal protection under the law - for race, religion, gender or sexual orientation - should not be subject to the most popular sentiments of the day.