Is the federal government obligated to avoid denying persons the equal protection of the law? Why or why not?
A. No, because the federal government does not have a history of discrimination
B.No, because the equal protection clause only applies to the states
C.Yes, because it's the right thing to do
D.Yes, because the Fifth Amendment Due Process Clause contains this obligation
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The correct answer is D. The federal government is indeed obligated to avoid denying persons the equal protection of the law due to the Fifth Amendment Due Process Clause. This clause states that no person shall be deprived of life, liberty, or property without due process of law. The interpretation of due process has evolved to include protection against arbitrary or discriminatory treatment by the government. In this context, the principle of equal protection means that the government must treat all individuals equally under the law and not discriminate on the basis of race, religion, gender, or other protected characteristics.
To arrive at this answer, one could break down the options:
A. No, because the federal government does not have a history of discrimination: This statement is incorrect. While the federal government may not have a perfect record, it has a history of addressing and remedying discrimination through legislation, court cases, and enforcement of civil rights laws.
B. No, because the equal protection clause only applies to the states: This statement is incorrect. The Equal Protection Clause found in the Fourteenth Amendment explicitly applies to both state and federal governments and prohibits them from denying equal protection under the law.
C. Yes, because it's the right thing to do: While it is true that avoiding denial of equal protection is the right thing to do, it does not provide a legal basis for the federal government's obligation. The question asks for the legal basis for this obligation.
D. Yes, because the Fifth Amendment Due Process Clause contains this obligation: This statement is correct. The Fifth Amendment Due Process Clause imposes an obligation on the federal government to provide equal protection under the law. The Supreme Court has interpreted the Due Process Clause as incorporating the principle of equal protection, ensuring that individuals are treated fairly and equally by the government.