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Question
social movements often draw on the equal protection clause by arguing:
that the government must protect only majority - group rights
that the government has unlimited power so long as it passes legislation
that the government cannot treat individuals differently on the basis of suspect classifications (e.g., race, gender) without a compelling interest
that the government must treat all individuals exactly the same regardless of circumstances
- The first option is incorrect as the Equal Protection Clause is about protecting all groups, not just majority - group rights.
- The second option is wrong because the government's power is not unlimited; it is constrained by the Constitution, including the Equal Protection Clause.
- The third option is correct. The Equal Protection Clause (under the 14th Amendment) requires that when the government classifies people based on suspect classifications (like race, gender), it must have a compelling interest, and this is often used by social movements to challenge discriminatory treatment.
- The fourth option is incorrect. The Equal Protection Clause does not mean the government must treat everyone exactly the same in all circumstances. There are valid classifications (e.g., age - based requirements for certain jobs) as long as they meet the appropriate level of scrutiny.
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C. That the government cannot treat individuals differently on the basis of suspect classifications (e.g., race, gender) without a compelling interest