This equal protection clause prevents states from passing any discriminatory laws or laws that only benefit a certain group of people. The clause also states that no person should be deprived of life, liberty, or property without due process. The first landmark case further defining the 14th amendment is Plessy v. Ferguson. The result of this case upheld the state's rights to provide separate but equal facilities without violating the 14th amendment. Judge Brown clarified in the majority opinion of the Supreme Court "In the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races unsatisfactory to either.". However, this ruling was overturned by, the Brown v. Board of Education case with a unanimous ruling stating that “To separate [children] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely to ever be undone. . . . Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority. . . .” the logic that separate facilities are not in fact equal was extended to all public facilities in the Civil Rights Act of …show more content…
New York, the Supreme Court began to apply the bill of rights to the states, forcing the states to comply with those protections. In 1833, the Marshall Court decided in Barron v. Mayor and City Council of Baltimore that the Bill of Rights was created as a restriction on the Federal Government, and therefore did not apply to the states. The 14th Amendment includes the line “nor shall any State deprive any person of life, liberty, or property, without due process of law.” Gitlow v. New York reversed the 1833 decision, claiming that since the due process clause in the 14th Amendment specifically mentioned states, state governments had to abide by the bill of rights. Another case that was ruled as a violation of the people's rights under the Bill of Rights was Mapp v. Ohio. In this case, criminal evidence was obtained by a means that was a violation of the 4th amendment, the protection against search and seizure. The incorporation of the Bill of Rights opened up the opportunity for these rights to be tried, as seen in these court