In its first constitutional challenge to the equal protection clause of the Fourteenth Amendment, the U.S. Supreme Court decided to hear a case brought by a Chinese immigrant, not an American citizen. Yick Wo believed city ordinances had been unfairly applied to him, so he challenged their constitutionality under the equal protection clause, and took his case all the way to the Supreme Court.
Equal Protection Under Law
In this lesson, students will analyze the Fourteenth Amendment’s Equal Protection clause. They will distinguish between identical treatment and equal treatment under the law, and discuss situations in which discrimination is acceptable – not letting a 6-year-old obtain a driver’s license, for example.
Dialogue on the Fourteenth Amendment
The American Bar Association Dialogue program provides lawyers, judges and teachers with the resources they need to engage students and community members in a discussion of fundamental American legal principles and civic traditions. This Dialogue on the Fourteenth Amendment is composed of three parts:
Part 1: Equal Protection and Civil Rights – Participants discuss the equal protection clause of the 14th Amendment and consider how Congress, through federal legislation, has worked to help realize its constitutional promise.
Part 2: Incorporating the Bill of Rights examines the concept of incorporation. Using a case study of Gitlow v. New York, this section provides a guide to how courts have applied the Bill of Rights, selectively, to the states using the 14th Amendment.
Part 3: Ensuring Equality and Liberty explores how the 14th Amendment has been interpreted by courts to protect fundamental freedoms, including individuals’ right to marry.
Competing Voices of the Civil Rights Movement
When most people think of the Civil Rights Movement in America, they think of Martin Luther King, Jr. delivering his “I Have a Dream” speech on the steps of the Lincoln Memorial in 1963 and receiving the Nobel Peace Prize the following year. But “the Movement” achieved its greatest results — the 1964 Civil Rights Act and the 1965 Voting Rights Act — due to the competing strategies and agendas of diverse individuals. Even black Americans, the primary beneficiaries of this landmark legislation, did not agree on the tactics that should be used to secure the equal protection of their rights. This unit presents the views of several important black leaders who shaped the debate over how to achieve freedom and equality in a nation that had long denied a portion of the American citizenry the full protection of their rights.
The 14th Amendment and the Evolution of Title IX
Congress and the courts have applied the 14th Amendment’s equal protection clause to many aspects of public life over the past 150 years. In this activity, students will explore the evolution of the 14th Amendment through the lens of Title IX, which prohibits institutions that receive federal funding from excluding students from participating in educational and athletic programs on the basis of sex. The Supreme Court’s first Title IX case, Grove City College v. Bell, also demonstrates how each of the three branches exercises its authority.
Equal Protection: What Is Discrimination?
What is the purpose of the equal protection clause? What did Plessy v. Ferguson and Brown v. Board of Education say? What are two ways of understanding the clause? This video lecture is part of an online course taught by University of Pennsylvania law professor Kermit Roosevelt III. “Introduction to Key Constitutional Concepts and Supreme Court Cases” covers the topics: Where does the Constitution come from? How has it changed over the years? How do we know what it means?
Yick Wo and the Equal Protection Clause
This documentary examines the case Yick Wo v. Hopkins (1886) in which the Supreme Court held that noncitizens have due process rights under the Fourteenth Amendment’s equal protection clause. A PDF lesson plan accompanies the video. The video A Conversation on the Importance of the Yick Wo Case complements the documentary.
The Power of One Decision: Brown v. Board of Education
When minority students decided to take their challenge of the “separate but equal” doctrine to the Supreme Court, the 1954 decision handed down by the court in Brown v. Board of Education and enforced by the executive branch, changed their lives and America forever. In this lesson plan, based on the Annenberg Classroom video “A Conversation on the Constitution: Brown v. Board of Education,” students gain insight into decision-making at the Supreme Court, learn about the people behind the case, construct a persuasive argument, and evaluate the significance of Brown v. Board of Education.
Shaw v. Reno (1993)
Did the North Carolina residents’ claim that the 1990 redistricting plan discriminated on the basis of race raise a valid constitutional issue under the 14th Amendment’s Equal Protection Clause? North Carolina drew legislative districts to create a majority black district.
Fisher v. University of Texas II (2016)
Does UT-Austin’s consideration of race in undergraduate admissions violate the Equal Protection Clause of the Fourteenth Amendment? This case summary considers questions of affirmative action in university admissions.