Isabella Carter
The word equality does not appear in the original US Constitution or the Bill of Rights. However, the 14th Amendment, which was passed by Congress on June 13, 1866, and ratified on July 9, 1868, includes the phrase equal protection under the law. This amendment was one of the Civil War Amendments that were added to the Constitution after it was originally written, and it has become central to civil rights and civil liberties legislation in the United States.
| Characteristics | Values |
|---|---|
| Does the word equality appear in the constitution? | No, it does not appear in the original Constitution or the Bill of Rights. |
| Is equality referenced in the constitution? | Yes, it is referenced in the 14th Amendment, which calls for "equal protection under the law". |
| What is the 14th Amendment? | The 14th Amendment, passed in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. |
| What is the Equal Protection Clause? | The Equal Protection Clause is part of the 14th Amendment, mandating that individuals in similar situations be treated equally by the law. |
| Who does the Equal Protection Clause apply to? | While originally intended to protect Black Americans, it has been interpreted to apply to all races and address discrimination based on other characteristics such as gender, immigration status, and marital status. |
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What You'll Learn
The word 'equality' is absent from the original Constitution
The word "equality" is notably absent from the original United States Constitution. While the concept of equality is fundamental to American legal tradition, dating back to the Declaration of Independence, it was not explicitly mentioned in the founding document. This absence underscores the ongoing evolution of constitutional interpretations and amendments to ensure equal rights for all.
The omission of the word "equality" in the original Constitution reflects the complexities of the nation's early history, particularly regarding slavery and racial inequality. Despite the absence of the word itself, the principles of equality were implicitly understood to be integral to the nation's founding ideals. The Declaration of Independence, which preceded the Constitution, proclaimed that "all men are created equal," establishing a philosophical foundation for equality that would shape the nation's legal framework.
However, the United States' early history was marked by the contradiction of slavery and racial inequality, which stood in stark contrast to the professed ideals of equality. This contradiction would ultimately lead to a protracted and bloody Civil War and a period of reconstruction, during which amendments were made to the Constitution to explicitly address issues of equality.
The most significant amendment in this regard is the Fourteenth Amendment, which was passed by Congress on June 13, 1866, and ratified on July 9, 1868. This amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing them equal protection under the law. While the word "equality" is not explicitly mentioned in the Fourteenth Amendment, it is inherently referenced in the phrase "equal protection of the laws," which has become a cornerstone of civil rights and civil liberties legislation.
The Fourteenth Amendment marked a pivotal shift in American constitutionalism, applying more constitutional restrictions against the states than had been in place before the Civil War. The amendment's broad wording, while primarily aimed at protecting Black Americans from discrimination, has also been interpreted to prohibit discrimination based on other factors, including gender, immigration status, and wedlock status at birth.
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Equality is referenced in the 14th Amendment
The word "equality" does not appear in the original US Constitution or the Bill of Rights. However, the concept of equality is referenced in the 14th Amendment, which was added to the Constitution after the original document was written. The 14th Amendment, also known as the Civil Rights Amendment, was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It extended the liberties and rights granted by the Bill of Rights to formerly enslaved people and guaranteed equal civil and legal rights to all citizens, regardless of race.
The 14th Amendment includes the Equal Protection Clause, which states that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that individuals in similar situations be treated equally by the law. The primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law.
The Equal Protection Clause has been central to civil rights and civil liberties legislation in the United States. It has been interpreted and applied broadly, beyond its original purpose of protecting Black Americans from discrimination. For example, in Brown v. Board of Education (1954), the Supreme Court unanimously ruled that separate schools for Black and white students violated the Equal Protection Clause, marking a decisive turning point in the struggle to dismantle government-imposed racial segregation in American society.
The 14th Amendment also includes a provision granting citizenship to "all persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people. This amendment marked a significant shift in American constitutionalism by applying substantially more constitutional restrictions against the states than had been in place before the Civil War.
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The 14th Amendment calls for equal protection under the law
The word "equality" does not appear in the US Constitution, but it is referenced in the 14th Amendment, which calls for "equal protection under the law." This amendment, passed in 1868, was one of the Civil War Amendments added to the Constitution after the Civil War to guarantee equal civil and legal rights to Black citizens. It marked a significant shift in American constitutionalism by imposing more constitutional restrictions on the states than before the Civil War.
The 14th Amendment's Equal Protection Clause mandates that individuals in similar situations be treated equally by the law. This clause, part of the amendment's first section, states that no state shall "deny to any person within its jurisdiction the equal protection of the laws." The clause has become central to civil rights and civil liberties legislation in the United States, featuring prominently in landmark cases addressing racial discrimination, reproductive rights, election recounts, gender discrimination, and racial quotas in education.
The 14th Amendment also addresses citizenship and the rights of citizens. One of its major provisions was to grant citizenship to "all persons born or naturalized in the United States," thereby extending citizenship to formerly enslaved people. This provision was significant in ensuring that Black citizens, who had previously been denied constitutional rights, were legally recognised as citizens.
The Equal Protection Clause has been the subject of much debate and interpretation. In Plessy v. Ferguson (1896), the Supreme Court interpreted the clause to defend equality in civil rights rather than social arrangements. This interpretation allowed for the segregation of blacks and whites on railroads, upholding a Louisiana Jim Crow law. However, Justice John Marshall Harlan dissented, arguing that the substance and spirit of the recent amendments to the Constitution had been sacrificed through subtle verbal criticism.
The 14th Amendment's call for "equal protection under the law" has had a significant impact on civil rights legislation and the interpretation of equal protection in various contexts. While the word "equality" is not explicitly mentioned in the Constitution, the 14th Amendment's inclusion of this concept has played a crucial role in shaping American law and society.
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The 14th Amendment was passed in 1868
The 14th Amendment to the U.S. Constitution was passed in 1868, two years after it was proposed on June 16, 1866. The amendment was designed to extend liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens.
The 14th Amendment was one of the Reconstruction Amendments, addressing citizenship rights and equal protection under the law at all levels of government. It was a response to issues affecting freed slaves following the American Civil War, and its passage was bitterly contested. The amendment's first section, in particular, is one of the most litigated parts of the Constitution, underpinning landmark Supreme Court decisions such as Brown v. Board of Education (1954), which prohibited racial segregation in public schools, and Loving v. Virginia (1967), which ended interracial marriage bans.
The Equal Protection Clause, which is part of the first section of the 14th Amendment, states that "nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that individuals in similar situations be treated equally by the law. The primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law.
While the word "equality" does not appear in the original Constitution or the Bill of Rights, it is referenced in the 14th Amendment, which calls for "equal protection under the law." This amendment has become central to civil rights and civil liberties legislation in the United States, marking a significant shift in American constitutionalism by applying more constitutional restrictions against the states than before the Civil War.
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The 14th Amendment addresses citizenship and rights
The 14th Amendment to the U.S. Constitution, passed in 1868, addresses citizenship and the rights of citizens. It was introduced after the Civil War as part of the Reconstruction program to guarantee equal civil and legal rights to Black citizens. The amendment also nationalized the Bill of Rights, making it binding on the states.
The 14th Amendment states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This provision extended citizenship to formerly enslaved people and repudiated the Supreme Court's decision in Dred Scott v. Sandford, which had excluded people of African descent from U.S. citizenship based on their race.
The amendment also includes the Equal Protection Clause, which provides that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." This clause mandates equal treatment under the law for individuals in similar situations. It has become a central part of civil rights and civil liberties legislation in the United States, featuring prominently in landmark cases such as Brown v. Board of Education and Roe v. Wade.
While the word "equality" does not appear in the original Constitution or the Bill of Rights, it is referenced in the 14th Amendment through the Equal Protection Clause. This clause was added to validate the equality provisions of the Civil Rights Act of 1866, which guaranteed all citizens the right to equal protection under the law. The 14th Amendment marked a significant shift in American constitutionalism by imposing greater constitutional restrictions on the states than had existed before the Civil War.
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Frequently asked questions
No, the word equality does not appear in the original Constitution or the Bill of Rights.
The word equality is referenced in the 14th Amendment, which was added to the Constitution after the original document was written.
The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people.
The Equal Protection Clause is part of the first section of the 14th Amendment. It mandates that individuals in similar situations be treated equally by the law.
Some landmark cases that have used the phrase "equal protection of the laws" include Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts).
