14th Amendment Essay

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Irmak Gürsel Take-home assignment Explain the significance of the Fourteenth Amendment The first section of the 14th Amendment consists of following clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Due Process Clause is one of the most important rules of US Constitution and states that no one can be deprived of his life, liberty and property without legislative authorisation, Thus freedom of speech and religion and right of properties are protected by this clause. At the same time this constitution limits the power of federal governments. With The Equal Protection Clause, each state is required to provide equal protection to the citizens within their jurisdiction area.…show more content…
Bollinger case is a very important case which is about the student admission policy of University of Michigan Law School. Barbara Gutter’s admission to the Law School was denied in spite of she has very good LSAT scores and a high GPA. Grutter sued the school for violation of the Fourteenth Amendment (The Equal Protection Clause). She claimed that race was a predominant factor for student admission criterion and students belonging to certain minority groups had a greater chance to be accepted by the school. She claimed that this was a discrimination against her. The University defended that to represent different ethnic groups in the university is in favour of the state interest. The students from minority groups would not feel isolated from the rest of the society and being together with minorities will boost the interactions among students so there will be educational benefits and antiracist benefits of the admission criterion. The lawsuit continued many years. In 2001 the District Court found the Law School guilty, however in 2002 the Sixth Circuit Court of Appeals reversed the decision and finally, the Supreme Court supported the Sixth Circuit Court of Appeals’ reversal of the District Court decision (2003), and supported the University's admissions policy and at the end according to the strict scrutiny test it is decided that the implementation of positive discrimination for minorities in the admission of the school did not violate the 14th

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