Malcolm Rivera
The word equal appears in the US Constitution in the Fourteenth Amendment, also known as the Equal Protection Clause, which states that no State shall [...] deny to any person within its jurisdiction the equal protection of the laws. This clause, which came into effect in 1868, guarantees that individuals in similar situations are treated equally under the law. The concept of equality is also alluded to in the Constitution's guarantee that no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. The idea of equality is further reinforced in the Constitution's provisions regarding the election of the President and Vice President, where it is stipulated that each State will have one vote, highlighting the principle of equal representation.
| Characteristics | Values |
|---|---|
| Does the word "equal" appear in the US Constitution? | No |
| Does the word "equality" appear in the US Constitution? | No |
| Does the word "equal" appear in the 14th Amendment? | Yes |
| Does the word "equality" appear in the 14th Amendment? | Yes |
| What is the name of the 14th Amendment's section that contains the word "equal"? | Equal Protection Clause |
| What is the purpose of the Equal Protection Clause? | To stop states from discriminating against black citizens and to validate the equality provisions contained in the Civil Rights Act of 1866 |
| When was the 14th Amendment ratified? | 1868 |
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What You'll Learn
Equality in the Declaration of Independence
The Declaration of Independence, drafted in 1776, is a powerful document that outlines the principles on which the US government and American identity are based. While it is not legally binding, it has served as a guiding star in the struggle for equality and justice in the country. The Declaration proclaims that "all men are created equal" and that they possess certain unalienable rights, including Life, Liberty, and the pursuit of Happiness.
The Declaration's assertion of equality has been a source of inspiration for individuals and groups throughout American history, who have appealed to its ideals to strive for a more equal society. For example, in the 1770s and 1780s, enslaved people in New England invoked the natural rights principles of the Declaration to petition for their freedom and the abolition of slavery. The women at the 1848 Seneca Falls Convention, the first women's rights conference in the US, also drew on the Declaration's principles to address injustices faced by women.
The Fourteenth Amendment to the US Constitution, ratified in 1868, further enshrined the principle of equality. While the word "equality" is not explicitly mentioned in the original Constitution or the Bill of Rights, the Fourteenth Amendment includes the Equal Protection Clause, which mandates that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." This clause was a significant step towards ensuring equal rights and protections for all citizens, particularly for Black Americans who had previously been denied these rights.
The Equal Protection Clause has been central to civil rights and civil liberties legislation in the United States. It inspired the well-known phrase "Equal Justice Under Law" and continues to shape legal interpretations and debates around equality and justice. The Declaration of Independence, with its assertion of equality, has thus had a profound impact on the evolution of American society and law, guiding the nation towards a more equal and just future.
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Equality in the Bill of Rights
The word "equality" does not appear in the original US Constitution or the Bill of Rights. However, the Fourteenth Amendment, which was added to the Constitution in 1868, includes the phrase "equal protection under the law". This amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It was passed by Congress on June 13, 1866, and ratified on July 9, 1868.
The Fourteenth Amendment states that "no state shall [...] deny to any person within its jurisdiction the equal protection of the laws." This amendment was added to the Constitution after the Civil War to guarantee equal civil and legal rights to Black citizens. The Equal Protection Clause, which is part of the first section of the Fourteenth Amendment, provides that "nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.
The Fourteenth Amendment marked a significant shift in American constitutionalism, as it imposed substantially more constitutional restrictions on the states than had existed before the Civil War. The Equal Protection Clause has been central to civil rights and civil liberties legislation in the United States. It has been used to prohibit discrimination on various bases, including race, gender, immigration status, and wedlock status at birth.
While the word "equality" is not explicitly mentioned in the Constitution or the Bill of Rights, the Fourteenth Amendment's guarantee of "equal protection under the law" reflects a commitment to the principle of equality and has become a cornerstone of civil rights in the United States.
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Equality in the Fourteenth Amendment
The Fourteenth Amendment to the United States Constitution, which came into effect in 1868, was a significant step towards ensuring equality for all citizens. While the word "equality" is not explicitly mentioned in the original Constitution or the Bill of Rights, the Fourteenth Amendment addresses the concept of equality through its Equal Protection Clause.
The Equal Protection Clause, found in Section 1 of the Fourteenth 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. It was designed to validate the equality provisions established in the Civil Rights Act of 1866, which guaranteed that all citizens, regardless of race, would have the right to equal protection under the law.
The Fourteenth Amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It was part of the Reconstruction Amendments, which aimed to guarantee equal civil and legal rights to Black citizens following the Civil War. Before the passage of these amendments, American law did not extend constitutional rights to Black Americans, who were considered inferior and subjected to chattel slavery. The Fourteenth Amendment marked a significant shift in American constitutionalism by imposing greater constitutional restrictions on the states than had existed before the Civil War.
A key provision of the Fourteenth Amendment was the extension of citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved individuals. This amendment also ensured that no state could deprive any person of life, liberty, or property without due process of law. Additionally, it granted Congress the power to enforce the amendment, leading to the passage of other landmark civil rights legislation in the 20th century.
The interpretation and implementation of the Equal Protection Clause have been subjects of much debate and legal discourse. While it was intended to ensure equal rights for all, the amendment initially failed to adequately protect the rights of Black citizens. Over time, the Fourteenth Amendment has become central to civil rights and civil liberties legislation in the United States, shaping the country's legal landscape and inspiring the well-known phrase, "Equal Justice Under Law."
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Equality in the Civil Rights Act of 1866
The word "equality" does not appear in the US Constitution. However, it is referenced in the 14th Amendment, which was added to the Constitution after it was originally 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 Civil Rights Act of 1866, enacted on April 9, 1866, and reenacted in 1870, was the first federal law in the US to define citizenship and affirm that all citizens are equally protected by the law. It was primarily intended to protect the civil rights of African Americans in the wake of the Civil War. The Act provided that all persons born in the US were citizens and required that "citizens of every race and color... [have] full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens."
The Civil Rights Act of 1866 also guaranteed that any citizen had the same right as a white citizen to make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, sell, hold, and convey real and personal property. Persons who denied these rights based on race or previous enslavement were guilty of a misdemeanor and faced a fine of up to $1,000, imprisonment of up to one year, or both.
The Act used language similar to the Equal Protection Clause in the newly proposed 14th Amendment, which states that "nor shall any State... deny to any person within its jurisdiction the equal protection of the laws." The 14th Amendment was passed in part to address doubts about the constitutionality of the Civil Rights Act of 1866 and to ensure that its main provisions could not be repealed or altered.
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Equality in the US Constitution
The word "equality" does not appear in the original US Constitution or the Bill of Rights. However, the Fourteenth Amendment, which was added to the Constitution in 1868, guarantees "equal protection under the law". This amendment became central to civil rights and civil liberties legislation in the United States.
The Fourteenth 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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."
The Fourteenth Amendment was passed by Congress and ratified in 1868, following the Civil War. It was part of the Reconstruction program to guarantee equal civil and legal rights to Black citizens. The amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, including granting citizenship to "All persons born or naturalized in the United States".
The Equal Protection Clause, which is part of the Fourteenth Amendment, 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 Civil Rights Act of 1866 was enacted due to the inequality imposed by Black Codes, and it provided that all persons born in the United States were citizens and required that "citizens of every race and color [...] have full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens."
The Fourteenth Amendment has been central to civil rights and liberties legislation in the United States. It has been used to prohibit discrimination on various bases, including race, gender, immigration status, and wedlock status at birth. The Supreme Court has also used the Equal Protection Clause to rule on cases related to same-sex marriage and interracial marriage.
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Frequently asked questions
No, the word 'equal' does not appear in the original Constitution or the Bill of Rights.
The word 'equal' appears in the Fourteenth Amendment, which was added to the Constitution in 1868.
The Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It also granted citizenship to "All persons born or naturalized in the United States".
The Fourteenth Amendment includes the Equal Protection Clause, which states that "no state shall ... 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.
