Fourteenth Amendment - Privileges and Immunities of Citizenship, Due Process and Equal Protection

FOURTEENTH AMENDMENT

RIGHTS GUARANTEED
PRIVILEGES AND IMMUNITIES OF CITIZENSHIP,
DUE PROCESS AND EQUAL PROTECTION

CONTENTS

• Section 1. Rights Guaranteed
  • The Fourteenth Amendment and States' Rights
  • Citizens of the United States
  • Privileges or Immunities
  • Due Process of Law
    • Generally
    • Definitions
      • "Person"
      • "Property" and Police Power
      • "Liberty"
    • The Rise and Fall of Economic Substantive Due Process: Overview
    • Regulation of Labor Conditions
      • Liberty of Contract
      • Laws Regulating Working Conditions and Wages
      • Workers' Compensation Laws
      • Collective Bargaining
    • Regulation of Business Enterprises: Price Controls
      • Types of Businesses That May be Regulated
      • Substantive Review of Price Controls
      • Early Limitations on Review
      • History of the Valuation Question
    • Regulation of Public Utilities and Common Carriers
      • In General
      • Compulsory Expenditures: Grade Crossings, and the Like
      • Compellable Services
      • Imposition of Statutory Liabilities and Penalties Upon Common Carriers
    • Regulation of Businesses, Corporations, Professions, and Trades
      • Generally
      • Laws Prohibiting Trusts, Restraint of Trade or Fraud
      • Banking, Wage Assignments and Garnishment
      • Insurance
      • Miscellaneous Businesses and Professions
    • Protection of State Resources
      • Oil and Gas
      • Protection of Property and Agricultural Crops
      • Water, Fish and Game
    • Ownership of Real Property: Rights and Limitations
      • Zoning and Similar Actions
      • Estates, Succession, Abandoned Property
    • Health, Safety, and Morals
      • Health
      • Safety
      • Morality
    • Vested and Remedial Rights
    • State Control over Local Units of Government
    • Taxing Power
      • Generally
    • Jurisdiction to Tax
      • Generally
      • Real Property
      • Tangible Personalty
      • Intangible Personalty
      • Transfer (Inheritance, Estate, Gift) Taxes
      • Corporate Privilege Taxes
      • Individual Income Taxes
      • Corporate Income Taxes: Foreign Corporations
      • Insurance Company Taxes
    • Procedure in Taxation
      • Generally
      • Notice and Hearing in Relation to Taxes
      • Notice and Hearing in Relation to Assessments
      • Collection of Taxes
      • Sufficiency and Manner of Giving Notice
      • Sufficiency of Remedy
      • Laches
    • Eminent Domain
    • Fundamental Rights (Noneconomic Substantive Due Process)
      • Development of the Right of Privacy
      • Abortion
      • Privacy after Roe: Informational Privacy, Privacy of the Home or Personal Autonomy?
      • Family Relationships
      • Liberty Interests of the Retarded, Mentally Ill or Abnormal: Commitment and Treatment
      • "Right to Die"
  • Procedural Due Process: Civil
    • Generally
      • Relevance of Historical Use
      • Non-Judicial Proceedings
      • The Requirements of Due Process
    • The Procedure Which Is Due Process
      • The Interests Protected: "Life, Liberty and Property"
      • The Property Interest
      • The Liberty Interest
      • Proceedings in Which Procedural Due Process Need Not Be Observed
      • When Process Is Due
    • Jurisdiction
      • Generally
      • In Personam Proceedings Against Individuals
      • Suing Out-of-State (Foreign) Corporations
      • Actions in Rem: Proceedings Against Property
      • Quasi in Rem: Attachment Proceedings
      • Actions in Rem: Estates, Trusts, Corporations
      • Notice: Service of Process
    • Power of the States to Regulate Procedure
      • Generally
      • Commencement of Actions
      • Defenses
      • Costs, Damages, and Penalties
      • Statutes of Limitation
      • Burden of Proof and Presumptions
      • Trials and Appeals
  • Procedural Due Process: Criminal
    • Generally: The Principle of Fundamental Fairness
    • The Elements of Due Process
      • Initiation of the Prosecution
      • Clarity in Criminal Statutes: The Void-for-Vagueness Doctrine
      • Entrapment
      • Criminal Identification Process
      • Fair Trial
      • Prosecutorial Misconduct
      • Proof, Burden of Proof, and Presumptions
      • The Problem of the Incompetent or Insane Defendant or Convict
      • Guilty Pleas
      • Sentencing
      • Corrective Process: Appeals and Other Remedies
      • Rights of Prisoners
      • Probation and Parole
      • The Problem of the Juvenile Offender
      • The Problem of Civil Commitment
  • Equal Protection of the Laws
    • Scope and Application
      • State Action
      • "Person"
      • "Within Its Jurisdiction"
    • Equal Protection: Judging Classifications by Law
      • Traditional Standard: Restrained Review
      • The New Standards: Active Review
    • Testing Facially Neutral Classifications Which Impact on Minorities
  • Traditional Equal Protection: Economic Regulation and Related Exercises of the Police Powers
    • Taxation
      • Classification for Purpose of Taxation
      • Foreign Corporations and Nonresidents
      • Income Taxes
      • Inheritance Taxes
      • Motor Vehicle Taxes
      • Property Taxes
      • Special Assessment
    • Police Power Regulation
      • Classification
    • Other Business and Employment Relations
      • Labor Relations
      • Monopolies and Unfair Trade Practices
      • Administrative Discretion
      • Social Welfare
      • Punishment of Crime
  • Equal Protection and Race
    • Overview
    • Education
      • Development and Application of "Separate But Equal"
      • Brown v. Board of Education
      • Brown's Aftermath
      • Implementation of School Desegregation
      • Northern Schools: Inter- and Intradistrict Desegregation
      • Efforts to Curb Busing and Other Desegregation Remedies
      • Termination of Court Supervision
    • Juries
    • Capital Punishment
    • Housing
    • Other Areas of Discrimination
      • Transportation
      • Public Facilities
      • Marriage
      • Judicial System
      • Public Designation
      • Public Accommodations
      • Elections
    • Permissible Remedial Utilization of Racial Classifications
  • The New Equal Protection
    • Classifications Meriting Close Scrutiny
      • Alienage and Nationality
      • Sex
      • Illegitimacy
    • Fundamental Interests: The Political Process
      • Voter Qualifications
      • Access to the Ballot
      • Apportionment and Districting
      • Counting and Weighing of Votes
    • The Right to Travel
      • Durational Residency Requirements
    • Marriage and Familial Relations
    • Sexual Orientation
    • Poverty and Fundamental Interests: The Intersection of Due Process and Equal Protection
      • Generally
      • Criminal Procedure
      • The Criminal Sentence
      • Voting
      • Access to Courts
      • Educational Opportunity
      • Abortion
• Section 2. Apportionment of Representation
• Sections 3 and 4. Disqualification and Public Debt
• Section 5. Enforcement
  • Generally
  • State Action
  • Congressional Definition of Fourteenth Amendment Rights

Last modified: June 27, 2012