Equality before the law

“ By the latter clause the declaration is plainly applicable to the States, while the earlier words assert the equality of all persons before the law,—a fruitful principle, assuring to all the same rights. Inter pares non est potestas, “Among equals there is no superiority,” is a received maxim of law, expressing a natural truth. Therefore, where all are equal, there can be no Slavery; so that, in declaring equality before the law, you make Slavery, alike with superiority, impossible. ”

“ Equality to all the citizens of the country can only be possible where there is no special discrimination on the part of government toward any, whether that discrimination is in the form of specific protective duties, unequal levies of taxes, or through devices of law; or, in other words, equality is an impossibility so long as special legislation is allowed either in our State or National councils. ”

“ It said that 'the rule of equality in respect to the subject only requires the same means and methods to be applied impartially to all the constituents of each class, so that the law shall operate equally and uniformly upon all persons in similar circumstances. ”

“ 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. ”

“ I have already defined civil liberty; by equality, we should understand, not that the degrees of power and riches are to be absolutely identical for everybody; but that power shall never be great enough for violence, and shall always be exercised by virtue of rank and law ”

“ But it is clearly laid down as a fundamental principle of the all-pervasive common law, that rights given by the Creator are unalienable, [Pg 17] and that no human being, however emphatically he may declare, or will, or agree to the contrary, may by any possible act of any other human being or of any set of human beings, whether calling themselves a government or not, or by any possible means, deprive himself, or be deprived of the right of life, liberty and the pursuit of happiness—these being necessarily incidental to the original right of equality. ”

“ Loyalty to the principles upon which our Government rests positively demands that the equality before the law which it guarantees to every citizen should be justly and in good faith conceded in all parts of the land. ”

“ Complete liberty and exact equality in the enjoyment of all civil, political and public rights should be established and effectually maintained throughout the Union by efficient and appropriate State and Federal legislation. Neither the law nor its administration should admit any discrimination in respect of citizens by reason of race, creed, color or previous condition of servitude. ”

“ The second section provides a penalty against any one denying, or aiding or inciting the denial, to any citizen that equality of right given by the first section, except for reasons by law applicable to citizens of every race or color, and regardless of any previous condition of servitude. ”

“ In reality there are two, and only two, foundations of law; and they are both of them conditions without which nothing can give it any force: I mean equity and utility. With respect to the former, it grows out of the great rule of equality, which is grounded upon our common nature, and which Philo, with propriety and beauty, calls the mother of justice. All human laws are, properly speaking, only declaratory; they may alter the mode and application, but have no power over the substance of original justice. ”

“ With an equality of civil rights, all men are equal before the law; all classes of the community being liable equally to taxation, military service, jury duties, and to the other impositions attendant on civilization, and no one being exempted from its control, except on general rules, which are dependent on the good of all, instead of the exemption's belonging to the immunities of individuals, estates, or families. An equality of civil rights may be briefly defined to be an absence of privileges. ”

“ The law of nature, the law of justice, would say—and it is so expounded by the publicists—that equal rights in the common property shall be enjoyed. Even in a monarchy the king can not prevent the subjects from enjoying equality in the disposition of the public property. Even in a despotic government this principle is recognized. ”

“ Accustomed to the cry of liberty and property, they harbored no dream of a community of goods; and their love of equality never degenerated into envy of the rich. No successors of the fifth-monarchy men proposed to substitute an unwritten higher law, interpreted by individual conscience, for the law of the land and the decrees of human tribunals. ”

“ Of course, we know that as long as a people is striving for its civil rights, for equality of right before the law, there is a definite objective goal. Now, in theory at least, these things have been attained, and we are confronted to-day with the more difficult task of adjusting the interests, without impairing the rights, of the individual man. ”

“ Bias and prejudice are apparent in all the phrases of the new legislators. The nation had suffered from a multitude of exclusions and privileges; its representatives issued the following declaration: All men are equal by nature and before the law; an ambiguous and redundant declaration. Men are equal by nature: does that mean that they are equal in size, beauty, talents, and virtue? No; they meant, then, political and civil equality. Then it would have been sufficient to have said: All men are equal before the law. ”

“ The principle of equality, besides being as easily applied to property as to power, opposes the existence of persons or groups of persons exempt from the common law, and independent of the common will ”

“ All will admit, that as a general rule, so far as free men are concerned, the laws are based on principles of justice and equality, and yet, the wealthy, the influential and the powerful, in many instances, find but little difficulty in evading the law, and perverting justice whenever they come in contact with the indigent and ignorant. ”

“ Nevertheless, I build no system. I ask an end to privilege, the abolition of slavery, equality of rights, and the reign of law. Justice, nothing else; that is the alpha and omega of my argument: to others I leave the business of governing the world. ”

“ Legal rights must be granted, and since the law is the child of the fundamental principles of human justice, legal equality should follow. Social and political rights also must be given; but why social and political equality? ”

“ In all these cases there is a recognition of the equality of right among citizens in the pursuit of the ordinary avocations of life, and a declaration that all grants of exclusive privileges, in contravention of this equality, are against common right, and void. ”

“ It is necessarily improvident and ruinous, because, as a general truth, communities prosper and flourish, or droop and decline, in just the degree that they practise or neglect to practise the primary duties of justice and humanity. The free-labor system conforms to the divine law of equality, which is written in the hearts and consciences of man, and therefore is always and everywhere beneficent.
The slave system is one of constant danger, distrust, suspicion, and watchfulness. ”

“ The equality of rights, which includes an equality of burdens, is a vital principle in our theory of government, and its jealous preservation is the best security of public and individual freedom; the departure from this principle in the disproportionate power and influence allowed to the slave-holding states, was a necessary sacrifice to the establishment of the constitution. ”

“ But surely it cannot be said that this common right confers on brutes, men, and angels, essential equality of rights in any practical sense whatever; for then it will follow that brutes, men, and angels have an equal right to social and political equality—a bold and reckless absurdity. ”

“ I shall only add, that we ought to be sensible of the blessings we enjoy under a free and happy Constitution, where Lice and men live under the restraint of equal laws the only equality that can exist in a well-regulated state. ”

“ Such equality, we are told, is an unpractical ideal that cannot actually exist. But if its abuse is inevitable, does it follow that we should not at least make regulations concerning it? It is precisely because the force of circumstances tends continually to destroy equality that the force of legislation should always tend to its maintenance. ”

“ Unequal, partial, and discriminatory legislation, which secures this right to some favored class or classes, and denies it to others, who are thus excluded from that equal protection designed to be secured by the general law of the land, is in clear and manifest opposition to the letter and spirit of the foregoing constitutional provisions. ”

“ He had a right to the fruit of his own labor, to the care, protection, and service of his own children, to the society and comfort of his wife, to the protection of his own person, to marriage, the ballot, possessory capacity, and all those things which distinguish the citizen from the chattel—not because of his manhood, nor because of inherent co-equality of right with the white man; but simply because the national legislation gave it to him as a condition precedent of statal rehabilitation. ”

“ In saying this, I beg not to be understood as denying 'the Declaration of Independence.' I understand the illustrious writer of that instrument to mean no more than this; that for good reasons, operating in the social state, all men are to be regarded as equal, so far as to have equal respect paid to their rights; to be entitled to equal protection, and to be judged by one standard of legal rectitude. Or, in other words, in the eye of the law, all men are equal. ”

“ But if a man can consent regarding his equality with another man or with other men, he can, as has been often pointed out, consent himself into a state of permanent inequality, inferiority and slavery, even supposing [Pg 16] that a basis can be found for the assumption of an original state of equality arising from consent. ”

“ Each sovereignty concedes a certain quantity of itself, for the purpose of forming the common right. This quantity is the same for all of us. This identity of concession which each makes to all, is called Equality. Common right is nothing else than the protection of all beaming on the right of each. ”

“ An equal right to justice is all the equality that can subsist in civilized society, consistent with the liberty, property, and personal security, of individuals, which would be perpetually violated by a system, to preserve which, it would be requisite continually to take from the acquisitions of the industrious, to give to the idle and the profligate. ”

“ Thus the exclusion of criminals from the franchise, the designation of terms of minority as connected with the exercise of political duties, the regulation of the admission to citizenship of persons coming from foreign countries, find their justification in a principle which, so far from recognizing in Government or society a purely arbitrary control of the rights and exercise of self-government or personal liberty, brings it down within rigid and narrow limits of equality and necessity. ”

“ It is an unhappy circumstance in my judgment that the group, which more than any other has needed a government of equal laws and equal justice, is now encouraged to believe that the best way for it to advance its cause, which is a worthy one, is by taking the law into its own hands from place to place and from time to time. ”

“ Justice to the country and the dictates of sound policy require that the legislature should confine itself to such subjects as will preserve the basis of entire equality; and when a sufficient population is here, and they choose to adopt a state government, that they shall be "perfectly free," without let or hindrance, to form all their domestic institutions "in their own way," and to dictate that form of government which in their deliberate judgment maybe deemed proper. ”

“ The song of State Rights has for its constant refrain the asserted Equality of the States. Is it not strange that words so constantly employed as a cover for pretensions against Human Rights cannot be found in the Constitution? ”

“ Each of these two classes is relieved of its degradation; no class is burdened by taxation or by the conscription beyond its due; all persons and all property find in the government, in the administration, in the tribunals, in the gendarme, the same reliable protection.—So much for equity and the true spirit of equality.—Let us now turn around and consider envy and the bad spirit of equality. ”

“ As a corollary to the proposition that all institutions must be subordinated to the law of equal freedom, we cannot choose but admit the right of the citizen to adopt a condition of voluntary outlawry. ”

“ This principle of equality, when applied to an individual, is lost, in some degree, when he becomes a member of a society, to which it is transferred; and this society, by the name of state or kingdom, is, with respect to others, again on a perfect footing of equality—a right to govern themselves as they please. Nor can any other state, of right, deprive them of this equality. If such a state confederates, it is intended for the good of the whole; and if it again confederates, those rights must be well guarded. ”

“ These are the words, not lightly uttered, nor to be by us lightly considered, of one of the framers of the Constitution; and in complete accord with this principle of entire equality of individual right, see how those men who had fought through the War of Independence did their work. Upon what broad and comprehensive foundations it is laid. Examine the Constitution, the work of their hands. Do we find any recognition of inequality of rights? Not a syllable. On the contrary, every safeguard is thrown around them; "no State shall pass any bill of attainder," or "grant any title of nobility." ”