Selective Incorporation apgoPo Excerpt of the text of the Fourteenth Amendment


The Key Clauses: The Impact of the Due Process and Equal Protection Clauses on State and Local Governments



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The Key Clauses: The Impact of the Due Process and Equal Protection Clauses on State and Local Governments

Sean Matheson

Robert Morris College Chicago, Illinois

Introduction

The Fourteenth Amendment has arguably had a greater impact than any other provision of the U.S. Constitution on state and local government. This impact derives from the amendment’s incorporation of the protections afforded by the Bill of Rights, its establishment of national and state citizenship, and the protections afforded by two critical clauses: the due process clause and the equal protection clause. This essay will explain how these two clauses have affected the operations of state and local governments, explaining the Supreme Court’s interpretation and application of each clause as well as how state and local governments have responded to these rulings.




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