Equal Protection Clause, Incorporation of the Bill of Rights - Temecula Constitution Class

Join us at Faith Armory on Winchester Road in Temecula at 6:30 pm for tonight's discussion:


The Equal Protection clause was designed to protect the emancipated slaves, and their children, from being denied the rights of citizenship, but has been interpreted by the courts to mean that the Bill of Rights applies to the States.  Though all person’s rights are supposed to be protected from a potentially tyrannical federal government, because of the mistreatment of the former slaves by the Southern States, this clause has been also interpreted by politicians to mean that the Bill of Rights is applicable to the States. The process through court rulings that made this happen is called the “Incorporation of the Bill of Rights,” and the process was wrong, and unconstitutional.

Clarification and enforcement of this clause eventually led to the passage of the Civil Rights Act of 1866.  Failure of the States to fully follow the intent of this amendment eventually led to the Civil Rights Movement of the 1960s. The Republican supported Civil Rights Act of 1964 finally saw this clause come to fruition. Under pressure, President Johnson signed the legislation, despite his party's opposition to it, and willingness to try and filibuster the act.

A “separate but equal” doctrine existed for more than fifty years, despite numerous attempts to ensure blacks enjoyed full rights and privileges of citizenship. In time, it took society's growth to finally change the norm. . . 

Continued at the class

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