Equality/Equal Protection Origins of Equal Protection 1. The Declaration of Independence of 1776 has a ringing declaration of equality: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness." 2. The framers of the Constitution were concerned with equality in terms of inherited privilege. Article I, section 9 of the Constitution specifies "No Title of Nobility shall be granted by the United States. However, the Constitution tacitly endorses a flagrant denial of equality—slavery. Article I, section 2, apportions Representatives according to the number of "free persons" and three-fifths of "other persons." 3. The Bill of Rights establishes a number of prohibitions against action by the federal government that would deny equal treatment under the law, at least for free persons. Individuals are guaranteed free speech, freedom of religion, and such due process protections as the right to a speedy and public trial, by an impartial jury, with the assistance of counsel. As Americans, we’re protected against unreasonable searches and seizures, double jeopardy, and being forced to testify against ourselves. 4. The Thirteenth Amendment abolished slavery in 1865. The Fourteenth Amendment in 1868 added specific protections against unequal treatment by state governments. "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." 5. The Equal Protection Clause was crafted after the Civil War in order to give the newly freed slaves legal protection. But it was specifically worded to provide protection of the rights of all "persons." Thus it has recently been used in the defense of the rights of non-citizens. Discussion Questions What did "All men are created equal" mean at the time? Did it exclude women? What does it mean to us now? The Equal Protection Clause is not intended to produce equality in society, but only the "equal application" of the laws. Why? What is the difference? Speech Ideas/Talking Points Home | Equality/Equal Protection Home Tips on Volunteering Home