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The words "equal justice under law" paraphrase an earlier expression coined in 1891 by the Supreme Court. [7] [8] In the case of Caldwell v.Texas, Chief Justice Melville Fuller wrote on behalf of a unanimous Court as follows, regarding the Fourteenth Amendment: "the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or ...
Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". [1] Thus, it states that everyone must be treated equally under the law regardless of race , gender , color , ethnicity , religion , disability , or other ...
The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal Justice Under Law". This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that helped to dismantle racial segregation .
It also contained three new limits on state power: a state shall not violate a citizen's privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection of the laws. These limitations dramatically expanded the protections of the Constitution.
The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Catholic canon law jurists. [3] " Higher law" can be interpreted in this context as the divine or natural law or basic legal values, established in the international law —the choice depending ...
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
An example often given is the government infringing on the right to perform some type of religious worship, unless there is an important government interest, like public safety.
[23] Benjamin Tucker's notion of equal liberty implies that "each person is equally free to pursue his or her self-interest, and is bound only by 'a mutuality of respect.'" [14] Tucker stated that this is a contract or social convention rather than a natural right, writing: "Now equal liberty itself being a social convention (for there are no ...