Equality In The Original Constitution: Myth Or Reality?

The original US Constitution, drafted in 1787, was written by educated white men of property. It was influenced by Enlightenment philosophy, particularly the work of John Locke, who argued that all men are created equal. However, the Constitution did not treat all people equally in practice. While it promised equality and liberty, it took the 14th Amendment, ratified in 1868, to extend liberties and rights to formerly enslaved people. The 14th Amendment also nationalized the Bill of Rights, making it binding upon the states. Despite this, racial inequality has persisted, and the effects of systemic and intergenerational racial discrimination remain. The 14th Amendment's original purpose was to remedy discrimination against African Americans, but it has been interpreted differently over time, and voluntary desegregation efforts have been found to constitute racial discrimination.

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The Fourteenth Amendment

A key provision of the amendment was to grant citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved individuals. This amendment also included the statement that "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." This meant that the right to due process and equal protection under the law now applied to both federal and state governments.

While some historians argue that the primary purpose of the Fourteenth Amendment was to solidify the 1866 Civil Rights Act, others adopt a broader view, suggesting that it was always intended to ensure equal rights for all people in the United States. The amendment's original wording, with its reference to "state," has been interpreted to prevent discrimination by the federal government as well, further emphasizing its role in promoting equality for all.

Equality and the Bill of Rights

The United States Declaration of Independence, the Constitution, and the Bill of Rights are the three most important documents in American history. The Declaration, Constitution, and Bill of Rights are fused together in the minds of Americans as they represent the liberty and equality that are best about America.

The Declaration of Independence, influenced by John Locke's belief in inherent equality and individual liberty, made certain promises about which liberties were fundamental and inherent. The liberties promised in the Declaration of Independence didn't become legally enforceable until they were enumerated in the Constitution and the Bill of Rights.

The Bill of Rights was proposed by the Congress that met in Federal Hall in New York City in 1789. The Bill of Rights was designed to empower the central government to preserve the blessings of liberty for "We the People of the United States." The Bill of Rights was also intended to nationalize the Bill of Rights by making it binding upon the states.

The Fourteenth Amendment, passed by Congress on June 13, 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The Fourteenth Amendment applies to all people and was intended to end discrimination against African Americans. The Amendment was meant to protect all from unequal treatment under the law.

Despite the Fourteenth Amendment's original purposes, a majority of the Bakke Court held that the Amendment had no special meaning for African Americans. In the years following Bakke, students of color were admitted to selective colleges and universities in modest numbers.

Citizenship and civil rights

The original US Constitution, drafted in 1787, was written by educated white men of property. It was influenced by Enlightenment philosophy, particularly the ideas of John Locke, who believed in the inherent equality and individual liberty of all people. The phrase "all men are created equal" has been attributed to Locke and was later used in the Declaration of Independence. This phrase has been interpreted as a promise of equality and liberty for all Americans, guaranteeing the unalienable rights of life, liberty, and the pursuit of happiness.

However, it is important to note that the Constitution did not initially grant equal rights to all people in practice. For example, it took the 14th Amendment, ratified in 1868 after the Civil War, to extend liberties and rights granted by the Bill of Rights to formerly enslaved people. The 14th Amendment addresses citizenship and the rights of citizens, including equal protection under the law. It states that all persons born or naturalized in the US are citizens and that no state shall deprive any person of life, liberty, or property without due process of law.

The Equal Protection Clause of the 14th Amendment is particularly relevant to the discussion of citizenship and civil rights. Its original purpose was to prevent discrimination against African Americans and ensure equal rights for all. However, despite its broad wording, racial discrimination against African Americans has persisted, and the Court has been criticized for not fully addressing this issue.

In conclusion, while the ideal of equality was present in the original Constitution, it did not guarantee equal treatment for all in practice. It took subsequent amendments and interpretations to extend equal rights to marginalized groups, and even then, the struggle for equality has been ongoing. The 14th Amendment, with its focus on citizenship and civil rights, was a significant step towards ensuring that all people are treated equally under the law.

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Equality in education

The original US Constitution, drafted in 1787, was written by educated white men of property. It was based on the belief that all men are created equal and have certain inherent natural rights, such as the enjoyment of life, liberty, and the pursuit of happiness. However, it is important to note that the founding fathers who wrote the Constitution were slave owners, and the Constitution did not originally extend equal rights and liberties to all people, including enslaved people and women.

The Fourteenth Amendment, ratified in 1868 after the Civil War, was a significant step towards ensuring equality for all citizens. It extended the rights and liberties granted by the Bill of Rights to formerly enslaved people and required that all citizens be treated equally under the law. The amendment specifically stated that no state could "deprive any person of life, liberty, or property, without due process of law" or "deny to any person within its jurisdiction the equal protection of the laws."

Despite the advancements made by the Fourteenth Amendment, racial discrimination and segregation persisted, particularly in education. In the landmark case of Brown v. Board of Education, the Supreme Court ruled that racial segregation in public schools was unconstitutional, as it violated the Equal Protection Clause of the Fourteenth Amendment. The Court recognized that separate educational facilities were inherently unequal and had a detrimental impact on the well-being and prospects of racial minorities.

In the decades that followed, affirmative action programs emerged to promote equal opportunity in education for racial minorities. These programs gave a leg up to Blacks, Hispanics, and Native Americans in college admissions and were justified as a means to atone for past racial discrimination. However, these programs have also been controversial, with critics arguing that they are morally questionable and breed racial tensions.

While the original Constitution fell short of ensuring equality for all, the Fourteenth Amendment and subsequent legal interpretations have played a crucial role in expanding equal rights and opportunities in education. The interpretation and application of the Equal Protection Clause continue to shape educational policies and practices, striving towards a more inclusive and equitable education system for all.

Equality in law

The original US Constitution, drafted in 1787, was written by educated white men of property. It was only later, in the decades following the Revolution, that the statement "all men are created equal" came to be interpreted in reference to personal liberties. The phrase "all men are created equal" was influenced by John Locke's belief in the inherent equality and individual liberty of all people. This idea can be traced back to earlier works, including medieval and classical sources, which emphasised the dignity and worth of all human beings.

The Fourteenth Amendment, ratified in 1868, was intended to extend liberties and rights granted by the Bill of Rights to formerly enslaved people. It 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". The Fourteenth Amendment also includes the clause that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States". This amendment was passed by a “rump” Congress, from which Southerners had been excluded due to their rebellion against the Union.

The Fourteenth Amendment has been interpreted in various ways. While some argue that it was intended to ensure equal rights for all citizens, others claim that its primary purpose was to solidify the constitutionality of the 1866 Civil Rights Act. Despite these differing interpretations, the Fourteenth Amendment has been used to address racial discrimination, reproductive rights, election recounts, gender discrimination, and racial quotas in education.

In conclusion, while the original Constitution did not explicitly guarantee equal treatment under the law, the subsequent amendments, influenced by Enlightenment philosophy and the belief in inherent human equality, have played a significant role in ensuring equality before the law for all citizens.

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