The Fourteenth Amendment's Equal Protection Clause primarily restricts actions by which entities?

• A. State governments
• B. Federal government only
• C. Private individuals
• D. Municipalities only

Answer: (A)

The Equal Protection Clause of the Fourteenth Amendment targets government action, not private conduct. It bars state governments from denying any person within their jurisdiction the equal protection of the laws, so the primary constraint is on state actors—state legislatures, state executives, state courts, and state-created entities acting under color of state law. Because this clause is part of the Fourteenth Amendment, its reach is aimed at the states and their subdivisions (think cities and counties as acting as arms of the state). The federal government is governed in this area by the Fifth Amendment’s equal protection-style protections, not the Fourteenth. Private individuals aren’t bound by this clause unless they’re performing a function that’s taken on as a state actor. So the best answer is that it primarily restricts state governments. Municipalities can be constrained too when they function as state actors, but they’re not the only or exclusive targets.