The Supreme Court, applying the separate-but-equal principle of Plessy, held that a State offering a legal education to whites but not to blacks violated the Equal Protection Clause. flashcard set{{course.flashcardSetCoun > 1 ? The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws". "[23], Hale ended up voting for the final version, however. 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L. Rev. As a brief overview, the clause refers to the fact that all citizens of the United States are guaranteed equal protection under the laws of the United States. (1873), United States v. Carolene Products Co., 304 U.S. 144 (1938), Korematsu v. United States, 323 U.S. 214 (1944), Railway Express Agency, Inc. v. New York, 336 U.S. 473 (1883), a federal court decided that contracts involving Confederate debt would not be enforced, although contracts that involve Confederate currency are enforceable to prevent injustice to those who were required to accept them during the Civil War. 1385 (1992), HAROLD M. HYMAN & WILLIAM M. WIECEK, EQUAL JUSTICE UNDER LAW: CONSTITUTIONAL DEVELOPMENT, 1835–1875 (1982), Patrick J. Kelley, An Alternative Originalist Opinion for Brown v. Board of Education, 20 S. Ill. U. L.J. On the face, there was no clear evidence of racially discriminatory intent on the part of Arlington Heights's planning commission. Bancroft, acting as court reporter, indicated in the headnotes that corporations were "persons", while the actual court decision itself avoided specific statements regarding the Equal Protection Clause as applied to corporations. "Romer v. Evans: Judicial Judgment or Emotive Utterance?,", Fourteenth Amendment to the United States Constitution, Bill of Rights did not apply to the states, National Association for the Advancement of Colored People, Swann v. Charlotte-Mecklenburg Board of Education, San Antonio Independent School District v. Rodriguez, Parents Involved in Community Schools v. Seattle School District No. Equal protection comes into play where the amendment states that no person can be deprived of life, liberty, or property without due process. [83] Other scholars disagree, arguing that "homophobia" is distinct from sexism, in a sociological sense, and so treating it as such would be an unacceptable judicial shortcut. 1. In the case Board of Regents v. Roth, 408 U.S. 564 (1972), the Court held, "The Fourteenth Amendment does not require opportunity for a hearing prior to the nonrenewal of a nontenured state teacher's contract unless he can show that the nonrenewal deprived him of an interest in 'liberty' or that he had a 'property' interest in continued employment, despite the lack of tenure or a formal contract.".

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