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RE: Leveling Nuts >> Waterstops

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Right.  The 14th amendment applies to a local jurisdiction by Dillon’s rule.  The 14th amendment requires that your state government not take actions that affect private property without notifying you and giving you the opportunity for hearing.  For example:  a state government cannot lease a residential neighborhood for industrial development without notifying the residents and giving you the opportunity to have your case heard. 

 

The equal protection clause indicates that all “citizens” need to have the same protection under the law – not that different races have equal protection under the law.  A local official cannot treat a citizen differently than another citizen in application of a local ordinance.  If a local official does  treat different citizens differently for whatever reason – the official is violating someones civil rights and could be held personally liable for damages that accrue.  A local jurisdiction will not endemnify an employee that violates someone’s civil rights.  It is in the ICC building official legal manual.

 


From: GSKWY(--nospam--at)aol.com [mailto:GSKWY(--nospam--at)aol.com]
Sent: Wednesday, September 14, 2005 5:31 PM
To: seaint(--nospam--at)seaint.org
Subject: Re: Leveling Nuts >> Waterstops

 

Actually, the Equal Protection Clause is not in the Constituion itself, it is in the 14th amendment. 

 

And I'm not sure it extends to leveling nuts.

 

It prohibits states from denying any person within its jurisdiction the equal protection of the laws.  In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances. A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws. The result  of a law is not relevant so long as there is no discrimination in its application.

 

Gail Kelley