Simone Lawson
Equality in a constitutional democracy refers to equal justice under the law. The 14th Amendment to the US Constitution, which came into effect in 1868, is a key text that addresses equality, extending liberties and rights to formerly enslaved people and guaranteeing 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 amendment, along with the Fifth Amendment, ensures legal equality and fair and equal legal procedures regarding an individual's right to life, liberty, and property.
| Characteristics | Values |
|---|---|
| Part of the US Constitution | Fourteenth Amendment |
| Date of Ratification | 1868 |
| Purpose | To stop states from discriminating against black people |
| Notable Cases | Brown v. Board of Education, Roe v. Wade, Bush v. Gore, Reed v. Reed, University of California v. Bakke |
| Citizenship | Granted to "All persons born or naturalized in the United States" |
| Rights | Extended liberties and rights to formerly enslaved people |
| Equality | Mandates equal treatment by the law for individuals in similar situations |
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What You'll Learn
The Fourteenth Amendment
A key provision of the Fourteenth Amendment is 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, located in the first section of the amendment, mandates equal treatment under the law for individuals in similar situations. It was intended to validate the equality provisions of the Civil Rights Act of 1866, which guaranteed that all citizens, regardless of race, would have equal protection under the law.
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The Civil Rights Act of 1866
The Act granted all citizens the "full and equal benefit of all laws and proceedings for the security of person and property." This included the right 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 to others on account of race or previous enslavement were guilty of a misdemeanour and faced fines or imprisonment upon conviction.
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Equality for Black Americans
The United States has a long history of racial inequality, with Black Americans facing discrimination, segregation, and violence. Despite the Declaration of Independence's promise of equality, Black people were considered inferior and subject to chattel slavery until the Emancipation Proclamation and the ratification of the 13th Amendment. Even after the abolition of slavery, Black Americans continued to face systemic racism and were denied their constitutional rights.
The 14th Amendment, ratified in 1868, was a significant step towards equality for Black Americans. It established birthright citizenship and guaranteed that all citizens, regardless of race, would have equal protection under the law. The amendment states, "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws," marking a shift in American constitutionalism by applying more restrictions on the states.
The 14th Amendment was not easily achieved, and it took protests, activism, and Reconstruction Acts to ensure its ratification. Southern states, led by the same individuals who passed the discriminatory Black Codes, resisted defining African Americans as equal citizens. Black Americans who attempted to exercise their rights faced violence and retaliation. It was only through military rule and the political participation of Black men in the South that the necessary votes for ratification were achieved.
The Equal Protection Clause of the 14th Amendment has been central to landmark cases addressing racial discrimination, reproductive rights, and gender discrimination. It inspired the phrase "Equal Justice Under Law," reflecting the ideal that all citizens should be treated equally and as individuals, not defined by their race or group.
Despite legal advancements, racial inequality persists in the United States, as evidenced by the Black Lives Matter movement's protests against racial profiling, police brutality, and the legacy of white supremacy. To uphold the promise of equality, the government must continue to address systemic racism and ensure equal opportunities and protections for all citizens, regardless of race.
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Equality before the law
The principle of equality before the law is a cornerstone of the United States Constitution and American democracy. This principle, also known as "equal justice under law," guarantees that all citizens are treated equally under the law, with equal protection of their fundamental rights and liberties. The 14th Amendment, ratified in 1868, is particularly significant in this regard, as it extended the rights and liberties granted by the Bill of Rights to formerly enslaved people and ensured 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 amendment was a major step towards ensuring that all citizens, regardless of race or previous legal status, were guaranteed equal treatment before the law.
The 14th Amendment's Equal Protection Clause is a key component of equality before the law. This clause mandates that individuals in similar situations be treated equally by the law, without discrimination based on race, sex, or other protected characteristics. The clause has been invoked in numerous landmark cases, including Brown v. Board of Education, which challenged racial discrimination in education, and Reed v. Reed, which addressed gender discrimination. The 14th Amendment also played a crucial role in extending citizenship rights to those who had previously been denied them, particularly Black Americans and formerly enslaved people.
While the ideal of equality before the law has been a guiding principle since the country's founding, it has been a long and ongoing struggle to fully realise it. Before the passage of the 14th Amendment and the Civil Rights Act of 1866, Black Americans were considered inferior and lacked crucial legal protections. The Dred Scott v. Sandford decision in 1857 is a stark example of this inequality, as the Supreme Court ruled that Black men, whether free or enslaved, had no legal rights under the Constitution at the time. It took the Civil War, the Reconstruction Amendments, and the tireless efforts of civil rights activists over many decades to begin dismantling the legal barriers that prevented true equality before the law.
Today, the commitment to equality before the law remains strong, but challenges and disparities persist. The Biden administration has taken steps to "restore equality of opportunity and meritocracy," aiming to eliminate disparate-impact liability and ensure that citizens are treated equally as individuals, regardless of race, sex, or other immutable characteristics. The Attorney General and the Equal Employment Opportunity Commission have been directed to promote equal access to employment and address any constitutional infirmities in state laws, regulations, or practices that may impose unfair burdens on certain groups. These efforts reflect a continued dedication to upholding the principle of equality before the law and ensuring that all Americans have equal rights and opportunities.
In conclusion, equality before the law is a foundational principle of American democracy, enshrined in the Constitution and protected by amendments like the 14th Amendment. While the journey towards true equality has been arduous and remains unfinished, the ideal of equal justice under law continues to guide legislative and administrative actions, ensuring that all citizens are treated with the fairness and respect they deserve.
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Landmark cases involving equality
The word "equality" is not mentioned in the US Constitution, but the concept is addressed in the Fourteenth Amendment, which includes the phrase "equal protection of the laws". This amendment has been the subject of much debate and has inspired the well-known phrase "Equal Justice Under Law".
Plessy v. Ferguson (1896)
In 1892, Homer Adolph Plessy, who was seven-eighths Caucasian, was arrested for refusing to move from a "whites-only" train car to a separate train car reserved for blacks. Plessy argued that the Louisiana statute violated the Thirteenth and Fourteenth Amendments by treating black Americans as inferior to whites. Despite losing in every court in Louisiana, he appealed to the Supreme Court and his case became a landmark decision. The Court held that as long as the facilities were equal, their separation satisfied the Fourteenth Amendment.
Regents of the University of California v. Bakke (1978)
This case involved a white male applicant to the University of California, Davis, medical school who argued he was unfairly denied admission due to the school's strict racial quota system. The Supreme Court agreed that the system violated the Equal Protection Clause and the Civil Rights Act of 1964, as applicants could be rejected solely based on their race. The Court ruled that a "narrowly tailored" consideration of race as part of a comprehensive admissions process was permissible.
Brown v. Board of Education
This case involved the constitutionality of racial segregation inside public schools, directly attacking the "separate but equal" doctrine created in Plessy v. Ferguson. The Supreme Court, in an opinion by Chief Justice Earl Warren, unanimously sided with the parents and students, overturning Plessy and declaring school segregation unconstitutional. This decision opened the door to further legal challenges to Jim Crow laws and reinvigorated the promise of the Fourteenth Amendment's Equal Protection Clause.
Loving v. Virginia (1967)
This case involved a challenge to Virginia's anti-miscegenation law, which prohibited interracial marriage. The Supreme Court unanimously found that the law served no rational purpose other than to reinforce racial discrimination and held that such laws were in clear violation of the Equal Protection Clause. Chief Justice Earl Warren declared that "under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State."
Roe v. Wade (1973)
This landmark case involved reproductive rights and the question of whether the Constitution guarantees a right to abortion. The Supreme Court initially established a precedent that abortion was protected under the Due Process Clause. However, in a more recent case, Dobbs v. Jackson Women's Health Organization, the Court overturned this decision, holding that abortion was not explicitly mentioned in the Constitution nor sufficiently "deeply rooted in the Nation's history and tradition" to be considered an implied right.
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Frequently asked questions
The word equality is implicitly mentioned in the Fourteenth Amendment, which 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". It further mentions that no state shall deny any person within its jurisdiction the "equal protection of the laws".
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the US Constitution. It mandates that individuals in similar situations be treated equally by the law. The clause, which took effect in 1868, provides that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws".
The Fourteenth Amendment was passed to extend liberties and rights granted by the Bill of Rights to formerly enslaved people. It also served to grant citizenship to "All persons born or naturalized in the United States", thereby granting citizenship to formerly enslaved people.
