The Legal Environment of Business

The Legal Environment of Business

Introduction

Fourteenth amendment of constitution of U.S. has a part known as The Equal Protection Clause. This law is implemented on state governments only but the requirement for equal protection as a part of Fifth Amendment which is due in process. The Equal Protection Clause has brought a great shift in the constitutionalism of United States. Before this amendment different bills like Bill of right protected only protected the rights of individuals from federal government. After the amendment now individual rights are protected against the government and at whole including leaders of state. After fourteenth amendment the state cannot be able to deprive any citizen of the law of equal protection right. Fourteenth amendment was made in 1686 after the rectification of thirteenth amendment which does not provides equality in the eyes of the law to the black against white (Collins 2004). The blacks were not treated equally before this law and they were not able to hold any property in the states, become a part in contract which includes securities. In addition to this they were punished severely for any misconduct or violation of law and in contrast of that the whites were treated in much fair way. This invoked open discrimination between black and white just on the basis of color and ethnic background. As the fourteenth amendment was enacted in 1968 these laws were abolished and all people were treated equally in the eyes of law (Nelson 1988). According to this clause all people who have born in United States of America are equal and are citizen of United States irrespective of color or race he or she belong. This was a u-turn in the history of America which showed that there will be no discrimination in law on the basis of color, race or ethnic background.

Discussion

The Civil Rights Act was enacted in 1866because of the imposition of Black Codes. In this Act it was provided that the people who are born in the United States of America are the citizens of the United States and since they are citizens of United Nation there will be no discrimination on the basis of race and color (Wong 2010). In addition to this equal and full benefits in all laws and their proceedings no matter it is related to security of property or the person will be enjoyed as other citizens are enjoying. The people were not clear whether or not the law can be declared legitimate and enacted under the current constitution or not. It begins a conversation and debate that this law can become a clause of fourteenth amendment. The basis step was taken by Radical Republicans in both of the houses which included people like Charles Sumner, John Bingham and Thaddeus Stevens (Nelson 1988). Among all people who worked for this clause Bingham is considered to be the most important. Bingham was the drafter of the Equal Protection Clause language. There was also opposition by different people and group to ...