Equal protection

“ Our traditional equal protection doctrine requires, in addition to a compelling state interest, that the Government's chosen means be necessary to accomplish, and narrowly tailored to further, the asserted interest. ”

“ Our fathers answered the question of the best and surest protection of natural right by their famous phrase, "the consent of the governed." That is to say, since every man is born with equal natural rights, he is entitled to an equal protection of them with all other men; and since government is that protection, right reason and experience alike demand that every person shall have a voice in the government upon perfectly equal and practicable terms ”

“ Although our State Constitution nowhere expressly states that every person shall be entitled to the equal protection of the laws, we have construed the expansive language of Article I, Paragraph 1 to embrace that fundamental guarantee. ”

“ With the fundamental premise that the requirement of equal protection does not disable the state from making reasonable classifications of its inhabitants nor impose the obligation to accord identical treatment to all, there can be no quarrel. ”

“ The principle that access to the law must be unfettered is a basic foundation of our system of justice. The U.S. constitution says that "equal protection under the law" may not be denied. Equal protection means that your basic rights cannot be arbitrarily denied because you are poor, are of a certain religion or race, or because somebody disagrees with your political views. ”

“ The opinion acknowledged that the purpose of the Equal Protection Clause 'was to prevent hostile and discriminating state legislation against any person or class of persons' and that equality of protection under the laws implies that any person, 'whatever his race * * * shall not be subjected, for the same offense, to any greater or different punishment.' 106 U.S., at 584, 1 S.Ct., at 638. ”

“ Yet, when a claim is properly asserted-as in this case-that a citizen whose life is at stake has been denied the equal protection of the country's laws on account of his race, it becomes our solemn duty to make independent inquiry and determination of the disputed facts [7] -for equal protection to all is the basic principle upon which justice under law rests. ”

“ All persons within the jurisdiction of the United States shall have the same right, in every State and territory, to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishments, pains, penalties, etc. One would think the logical conclusion from that which I have last read would be that all citizens are entitled to equal protection everywhere. ”

“ In determining whether or not a state law violates the Equal Protection Clause, we must consider the facts and circumstances behind the law, the interests which the State claims to be protecting, and the interests of those who are disadvantaged by the classification. ”

“ We need not stop to inquire whether the equal protection clause was designed to protect the citizen from advantages retained by the sovereign, or to point out the extraordinary implications of appellant's argument when applied to expansions of government activities which have become commonplace. ”

“ Like every [Pg 19] man who has never been able to meet his equal, and unto whom the concept "retaliation" is just as incomprehensible as the notion of "equal rights," I have forbidden myself the use of any sort of measure of security or protection—and also, of course, of defence and "justification"—in all cases in which I have been made the victim either of trifling or even very great foolishness. ”

“ And every Parliament has arranged to extend the nation’s protection on practically equal terms to all children, not excluding those we have called “illegitimate,” because somebody before them has broken a law. ”

“ It invites them all to partake of equal privileges, and secures them an equal chance in life. It has secured, for the first time in our history, the rights of a naturalized citizen to protection against claims of military duty in his native country. ”

“ One nation, race, or individual, may not oppress or injure another, because the safety and welfare of each is essential to the common [Pg 203] safety and welfare of all. If all are not equal and free, then who is entitled to be free, and what evidence of his superiority can he bring from nature or revelation? ”

“ What is there in the present state of society to make it natural that human beings, of ordinary strength and courage, should glow with the warmest gratitude and devotion in return for protection? The laws protect them, wherever the laws do not criminally fail in their duty. To be under the power of some one, instead of being as formerly the sole condition of safety, is now, speaking generally, the only situation which exposes to grievous wrong. The so-called protectors are now the only persons against whom, in any ordinary circumstances, protection is needed. ”

“ We demand freedom to establish our affairs in our way, and accord you that right. Take the hand of restraint from us. Give us our natural right to manage our own affairs, and we will respect your equal rights. ”

“ The object of this Essay is to assert one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control, whether the means used be physical force in the form of legal penalties, or the moral coercion of public opinion. That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. ”

“ By means of equitable laws we enabled all the people to share with us our rights, and all the blessings of our country and constitution. We called them to be our brothers, one with us in the enjoyment of personal, religious, social and political freedom; to be as entirely equal with us in these respects as we all are equal, whether king or beggar, rich or poor, in the certainty of death and in the common hope of a life beyond the grave. ”

“ A great many men of property and enterprise in the Southern States begin to feel that they must protect the equal rights of all citizens, put down disturbances, in one word, maintain the new order of things, in order to protect their own interests. ”

“ It is said to conflict with the sense of justice, and to violate the fundamental principle of all free communities, that the members of such communities have equal rights to life, liberty, and personal security. ”

“ While no one could appropriately speak of our having a right to health or anything that man has not the power to bestow, it is arguable that there are, independent of and antecedent to law, elementary rights: a right to freedom; a right to protection against personal violence; a right to the protection of our property; and a right to the impartial administration of regulations which are binding upon all. ”

“ Social rights and obligations are reciprocal.
The right to be protected in the possession of life, liberty, and property, imposes the duty of not infringing on those of others, and even of protecting them. ”

“ Hence, just as soon as all have been made secure in their natural rights to life, liberty and those equitable conditions which place happiness within the reach of all, sound policy, as well as equal liberty and even-handed justice demands that all should have an equal voice in the conduct of public affairs in which all are equally interested. ”

“ Thus, at the very beginning, did the fathers see the necessity of the universal application of the great principle of equal rights to all, in order to produce the desired result—a harmonious union and a homogeneous people. ”

“ Momentary causes may seem to alienate them, but, like family differences, they will terminate in a closer and more affectionate union than ever. And how much more estimable will be a system of protection, based on common conviction and common consent, and planted in the bosoms of all, than one wrenched by power from reluctant and protesting weakness? ”

“ Resolved, That justice and sound policy forbid the Federal government to foster one branch of industry to the detriment of another, or to cherish the interests of one portion to the injury of another portion of our common country—that every citizen and every section of the country has a right to demand and insist upon an equality of rights and privileges, and to complete and ample protection of persons and property from domestic violence or foreign aggression. ”

“ They ask the removal of all restraints and exclusions not applicable to men of equal capacities. They ask for perfectly equal political, civil, and domestic rights. They ask for equal obligations and equal punishments from the law with men in case of infraction of the same law by either party. ”

“ Accordingly, all the leading reformers begin by piously reiterating certain phrases about equal rights for all and special privileges for none, and of government of the people, by the people, and for the people. ”

“ On the other hand, the constitutions of all civilized governments, whether written or unwritten, the principles of the civil as well as those of the common law, and the teachings of wise men of ancient and of modern times, recognize as a duty the protection of individual or selfish interests. They recognize as just and necessary the restraint and punishment of wrong-doers, and the protection of the rights and interests of the individual in person and property. ”

“ The citizen must share the risks of his country, as well as its benefits. He must be willing to give protection to the rights and interests of his fellows, or he cannot rightly expect protection for his own. ”

“ In pursuing these necessary measures of relief, no injury is done to a minority, or to any individual, for the foundation on which our republic rests is equal and exact justice to all men, and the [Pg 252] equality of all men before the law. ”

“ The persons and property of all non-slaveholders who shall remain absolute neutral, shall be respected so far as the circumstances can allow of it; but they shall not be entitled to any active protection. ”

“ All citizens are admissible to all public positions, employments, and functions. Free peoples can recognise no grounds of preference except talents and virtues. 10. Security consists in the protection accorded by society to each citizen for the preservation of his person, property, and rights. 11. None should be sued, accused, arrested, or detained, save in cases determined by the law, and in accordance with forms prescribed by it. Every other act against a citizen is arbitrary and null. ”

“ While the constitution of our nation guarantees to every person of whatever birth, rank, or condition, past or present, a generous freedom in his own thoughts and religious convictions, not only the common law pronounces against adultery, bigamy, and polygamy, but every consideration of safety urges against permitting a self-proclaimed enemy to harbour within our fold while he gathers strength to strike at our life with the venom he already possesses. ”

“ The most important provisions in the Bill of Rights may be classed under the following headings: democratic principles; personal security; private property; freedom of religion, speech, and of the press; and security against military tyranny.
Democratic Principles.—All men are equal before the law, and are protected in the enjoyment of life, property, and the pursuit of happiness.
All power is inherent in the people.
Personal Security.—The people have the right to bear arms for their safety and defense, but this privilege is regulated by appropriate legislation. ”

“ But under such a law as this, who can tell what may happen to men arrested away from home, to unprotected women, and to helpless children? Do you say that a public sentiment and a public watchfulness exist, which would protect the whites, the female, and the child? I reply, that we possess our right to protection under the constitution and laws, and are not to be turned over to public sentiment or public watchfulness in order to enjoy it. ”

“ Now, the duty of the state to safeguard the liberty of citizens was recognized in your day just as was its duty to safeguard their lives, but with the same limitation, namely, that the safeguard should apply only to protect from attacks by violence. ”

“ We have a more eligible position here to advocate our opinions than individuals have in social life to maintain their positions. We have all the panoply of power and State sovereignty thrown around the members of this body to guard and shield them against attacks; but they are thrown in the midst of the community without any shield, except it is the shield of morality and propriety of conduct which gives protection to their persons. ”

“ An evident principle runs through the whole program I have outlined. It is the principle of justice to all peoples and nationalities and their right to live on equal terms of liberty and safety with one another, whether they be strong or weak. ”

“ In some it is subdued, while in others, let loose, it becomes the cause of disturbance and dislocates all freedom.” To safeguard against the encroachment of such natures on the “natural rights” and privileges of others, men have organized themselves into groups called states. “By so doing, each voluntary member of this state foregoes some of his personal rights in exchange for certain individual privileges and communal rights to be secured under its protection. ”

“ He therefore endows the soul with rights, the exercise and protection of which are the crown of humanity. We ask no new code of rights. We simply ask to be included in the general method of asserting and protecting them, which even the shadowy-browed children of bondage are now perceived to claim without presumption. ”