The Americans may wonder how the equality of the sexes – especially in the workplace – can continue to struggle in the country whose constitution has inspired his young democracies in the world. In fact, the Constitution does not guarantee equality or lawyer. All of these things with all being “created equal” comes from the Declaration of Independence, which was in regard to the legal applicability, a little angry about a letter to the British break.
The next is in the Constitution on the question of equal protection clause is the same of the Fourteenth Amendment, which basically says that states can not enforce laws in a discriminatory manner. Note that the application between the Federal Government and the provinces, not the federal government and private companies or associations is located. Only if someone invested with the power of the state, “the federal government the power to decide whether he or she is discrimination. Because it is a cryptic statement is incredible, it is sufficient to say that the courts generally consider a state accomplice if it is a direct participant in discriminatory private conduct.
The 14th Change was to improve the Constitution of the United States in 1868 in an effort, the lives of former slaves in the South, but because the amendment protects the rights of “persons” and not “free”, there he was in a much wider meaning been interpreted, apply to all persons in the United States. In fact, during the golden age of American big business and corruption, the Supreme Court extended its interpretation to the point where the word “people” suddenly applied corporations. This is much more difficult for the government stood in the way of a growing economy without compassion – not that he wanted above all.
In fact, has the same degree of protection at this time in the history of U.S. workers interpreted petition for safer conditions and shorter working weeks were maintained in plants, so that they can not have the right “to support their families will be denied. Think because if you go to your parents that a teenager gave you the right to convince to take their own decisions tried, they pulled the old “come with adult decisions adult responsibility” and double your work? image and in the entire federal government – but with much more of typhoid – and get an idea of how the equal protection has been used against itself.
Today, the Equal Protection Clause is interpreted much more narrowly. In fact, it is actually equal to different groups according to a system with three levels of control. In honor of the historic spirit of the 14th Amendment, all state laws with respect subject to race ‘enhanced control they are accepted intensively investigated by the federal government and must by a wide range of criteria. The only other laws relating to this degree of control (from time to time) those related to citizenship.
The next higher level of control is “interim report, established the Supreme Court in recent decades to address the rights of women and laws relating to the classification between the sexes. This weather the test of federal laws that men and women are treated differently must “substantially” in the realization of the “important objective of the government involved.” For example, in 1981, the Supreme Court, a California law stating that rape as sexual intercourse between an adult and a minor followed illegal women relations between an adult woman and not a little man. Besides being good news for Demi Moore, this difference contributes significantly to the important purpose of the government to reduce teenage pregnancies.
can for all laws that fall within the lowest level of scrutiny, the Supreme Court is the “Lindsley test” uses the classification between people be argued to be reasonable and not be arbitrary, laws will be respected. However, since the basic research is relatively easy to bear, many people think that the laws, like other groups, such as the elderly, the poor, homosexuals, lesbians, should fall under higher levels of control.
Others take a step further and said that the premise is the application of a clause of equal protection uneven absurd. Although there is an undeniable irony in the three-step system, you remember to give that for all, exactly the same rights would mean that your cousin could marry eight years thirty-year-old mother was able to enroll or double in the sixth year, or that if people her videos of young children Hittin ‘the sauce placed on YouTube, it would not be a crime.