The equal protection clause requires states to treat all those that live in the state equally

The equal protection clause requires states to treat all those that live in the state equally

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The equal protection clause requires states to treat all those that live in the state equally. And even though I believe this to be a good thing, I struggle with that fact that the equal Protection clause allows my son of 14 to have the same rights as I do at the ripe age of 47. This is where I feel the Equal protection clause falls apart. Yes I believe that my son should have the same fundamental rights. That being: life, liberty and the pursuit of happiness. But, I believe that there must be some sort of justification as to the WHY. The three tests for fundamental rights: 1) The Rational Basis Test: the test determines if it is reasonable. I struggle with this test as I am sure each one of us here on line has a different definition of “What is reasonable”. I think this test might be good as a checks and balance against what society views might be, and, as long as it does not discriminate against groups of people. 2) The strict scrutiny test: This test is used primarily for laws towards
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This note was uploaded on 02/01/2011 for the course BL 556 taught by Professor Lucybenham during the Fall '10 term at Walsh College.

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