Which clause serves as the major constitutional restraint on government discrimination?

• A. Due Process Clause
• B. Equal Protection Clause
• C. Commerce Clause
• D. Elastic Clause

Answer: (B)

The Equal Protection Clause of the Fourteenth Amendment is the primary restraint on government discrimination. It requires that states treat people in similar situations alike and forbids arbitrary or unjust classifications in laws and government actions. This clause is the basis for analyzing and striking down laws or practices that treat individuals differently based on protected characteristics such as race, gender, or national origin, using levels of scrutiny to determine whether a classification is constitutional.

While the Due Process Clause guards against the government depriving people of fundamental rights and can challenge discriminatory effects in certain contexts, it is not the main tool used to curb discrimination in most government actions. The Commerce Clause and the Elastic Clause govern federal power to regulate trade and to enact laws deemed necessary and proper for carrying out powers, rather than serving as the central check on discriminatory state action.