Britannica
Sources used in this answer
How does the Fourteenth Amendment protect people from unfair state laws?
Created from Britannica articles
using AI.
AI can make mistakes, so verify using Britannica articles.
The Fourteenth Amendment protects individuals from unfair state laws primarily through two key provisions in its first section: the due process clause and the equal protection clause.12
- Due Process Clause: This clause prohibits states from depriving any person of "life, liberty, or property, without due process of law". Through a process known as "selective incorporation," the Supreme Court has used this clause to apply most of the protections found in the Bill of Rights to the states, ensuring that state governments adhere to the same fundamental standards of fairness as the federal government.123
- Equal Protection Clause: This clause mandates that no state shall "deny to any person within its jurisdiction the equal protection of the laws". It serves as a vital tool for challenging discriminatory state legislation, including laws related to racial segregation, voting rights, and gender discrimination.12
Together, these clauses provide a federal constitutional framework that limits state power and safeguards individual civil rights against arbitrary or discriminatory state action.13