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Questions tagged [equal-protection]

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4 votes
1 answer
156 views

Has the constitutionality of day-fines been challenged in the US?

Day-fines are a type of fine, common in many European countries, in which the amount of the fine is based on both the severity of the offense and the income of the offender; thus, an investment banker ...
Someone's user avatar
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2 votes
2 answers
154 views

Equal Protection and Free Benefits in the United States

What parameters determine whether an organization may give free goods and services based on protected characteristics? I'm trying to understand the pattern of organizations that dispense benefits to a ...
Test's user avatar
  • 563
2 votes
1 answer
106 views

Equal Protection and Charitable Activities in the United States

What parameters determine whether a non-profit can maintain its tax-exempt status while dispensing benefits based on protected characteristics? I'm trying to understand the pattern of organizations ...
Test's user avatar
  • 563
7 votes
1 answer
1k views

Constitutional Race-Conscious Policies

In 2021, the Biden administration created a loan forgiveness program that excluded white farmers. It was ruled unconstitutional and a violation of equal protection. (Wynn v. Vilsack et al) Washington (...
Test's user avatar
  • 563
2 votes
1 answer
69 views

Equal protection, discrimination, and real estate

I am curious about the apparent success of ethnically restrictive laws on residence or property ownership after the fourteenth amendment was ratified. Hansberry v. Lee, 311 U.S. 32 (1940) ruled that a ...
WGroleau's user avatar
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1 vote
4 answers
195 views

is mistake of fact a defence in various laws relating to protected classes?

If a law for example criminalises intimidating or assaulting someone who suffers from dwarfism , if the person doesn't know that the person is suffering from dwarfism or what dwarfism is but makes fun ...
user avatar
7 votes
1 answer
1k views

Is it legal for a disability accomodation to inconvenience able-bodied people?

About 10 people and I cycle to work and have to swipe a card on a post to get through the gates. Now, someone in a wheelchair has started working here too, and because the post's position was ...
Heddy's user avatar
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1 vote
1 answer
125 views

Is a police chief charging me again for same cause of action previously dismissed selective prosecution? [closed]

I live in a smal TX town (<850 people), with one policeman and a chief overseen by mayor and town council, where there is a 250ft rule for no livestock within city limits & an exemption noted ...
Rob 70S's user avatar
  • 21
4 votes
1 answer
183 views

Do atheistic men have the right to cover their heads (though not faces) with hijabs in mugshots in New York city?

In 2020, the NYPD reached a settlement with three Muslim women who were forced to remove their hijabs (which obscured their heads, but not their faces) for the purpose of having their mugshots taken (...
user10264746's user avatar
9 votes
2 answers
1k views

Could the U.S. Federal government constitutionally enact laws that duplicate the de facto regional differences caused by circuit splits?

Circuit splits have the effect of treating people in America differently with regards to the law depending on where they live, due to differing interpretations of the same statute. Some of these ...
Alan's user avatar
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9 votes
1 answer
2k views

Could the U.S. squeak out a compelling argument that it is not bound by the Equal Protection Clause or that it be treated differently than states?

Points of law “The Equal Protection Clause prohibits a State from "deny[ing] to any person within its jurisdiction the equal protection of the laws." Amdt. 14, § 1.” Evenwel v. Abbott, 578 U....
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2 votes
4 answers
317 views

Why is equality under the law, the ideal? Shouldn't high ranking government and military officials be given greater benefit of the doubt, trust, etc.?

I've always found the concept of 'equality under the law' to be self-contradictory in any society when there are very clear hierarchies in the same society, with explicit privileges granted as one ...
M. Y. Zuo's user avatar
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0 votes
3 answers
129 views

Why are state senators not elected by county?

As far as I know, no states elect their state senators by county. Why not? US senators are elected by state, so wouldn't it make sense for state senators to be elected by county?
Someone's user avatar
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0 votes
2 answers
62 views

What part did the supreme court play in codifying the rights of veterans at a constitutional level?

With respect to the rights of veterans, what part has the supreme court played in codifying or striking down laws that were deemed to be constitutional\unconstitutional at either the state or federal ...
Aaargh Zombies's user avatar
2 votes
1 answer
123 views

Is this really an explanation of Equal Protection of Law?

My teacher was explaining Equal Protection of Law to our class, actually he was explaining reasonable grounds for violation of Equal Protection of Law by State, and he explained it thus: Suppose there ...
ConGovDeIn's user avatar

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