Gender and Our Judicial System Essay - 2349 Words

The ambiguous language and aim of the constitution has allowed for numerous interpretations of the law. There have been several instances, where our limited perception and interpretation of the constitution has warranted change due to cases that do not fit the ruling party’s ideology of equality. In those cases, we amended our constitution and included clear diction to award rights to those subjected to subordination, so in going forward a clear distinction would not allow room for interpretations that perpetuated further discrimination. Over the course of history, we have followed this path to incorporate our societies changing paradigm that was dissimilar to our founding fathers’. Interestingly so, the rights they deemed as inalienable†¦show more content†¦No state shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United State; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (U.S. Const. amend. XIV,  § 1). The Equal Protection Clause (EPC), ratified in 1868 and then added to the 14th amendment, is an assumptive all-inclusive key that offers protection against sex based discrimination. Although a warranted assumption, it is incorrect. Firstly, In The Readers Companion to Woman’s History (Mankiller, Mink, Navarro, Smith, Steinam, 1999) we discover that â€Å"the court has never read the 14th amendment to forbid all sex-based classifications† (p. 326). This elusive detail demonstrates the precarious standing of equality held within the 14th amendment. Additionally, it demonstrates the amendments unconstrained interpretations of sex. Since no precedent has been set against sex-based classification, there is no guarantee that sex discrimination is invalid in all conditions. In view of this major technicality, it is problematic to ensure that women, who suffer from the same bias and stereotypes yet hold dissimilar positions, will receive judicial equality and rectification wi thin our judicial system. This leads me to a practical example of this inequality, foundShow MoreRelatedIn Recent Decades, The Judicial Systems Failures And Shortcomings1409 Words   |  6 PagesIn recent decades, the Judicial Systems failures and shortcomings to proportionally represent minorities and women of our diverse nation has quickly become a controversial issue. â€Å"The United States is more diverse than ever, but its state judges are not. While we recognize that citizens are entitled to a jury of their peers who will be drawn from a pool that reflects the surrounding community, Americans who enter the courtroom often face a predictable presence on the bench: a white male† (Chase,Read MoreSexism And Racism Essay1301 Words   |  6 PagesAllison Price English 3 12 August 2017 MLA Sexism and Racism within the American Judicial System There is blatant sexism and racism within the American Judicial System shown by a lack of convictions and inconsistent sentencing. Despite many small steps forward towards equality, injustice and systemic racism still find their way into the cases and verdicts we hear on the news every day. The battle for racial and gender equality is a fight that’s been fought diligently for centuries and while stepsRead MoreDomestic Violence And Foreign Violence1251 Words   |  6 Pagespower and control over the other† (2015). 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For example, if a productive and otherwise law abiding citizen wished to take recreationalRead MoreAnalysis Of The Poem The Blacker The Berry By Kendrick Lamar940 Words   |  4 PagesHave we let racism become a norm in our everyday lives? We turn a blind eye to racism that happens right in front of us. Categorizing people has become normal and if someone someone gets offended by the remarks someone makes of their race or ethnicity they are considered someone without humor. We are to blame fo r the everyday racism we see in the music, television, posters, etc because we see it as something normal. In the song â€Å"The Blacker the Berry† by Kendrick Lamar, Lamar calls himself the biggestRead MoreHow An Individuals Socioeconomic Status Can Affect The Justice Administered To Them by the Judicial Branch1248 Words   |  5 Pages and or socioeconomic status can affect the justice administered to them by the United States judicial branch. 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