Equality in a constitutional democracy means equal justice under the law. No one is above or beyond the reach of the law, and no one is entitled to unfair advantages or subjected to unequal penalties based on the law. Three main examples of equality in a democracy are constitutionally guaranteed protection for equality of treatment according to the law, equality in fundamental human rights, and equality of citizenship.
Statements about equality of treatment under the law are found in the constitutions of every democratic state. For example, Article 29 of the Lithuanian constitution says: All people shall be equal before the law, the court, and other State institutions and officers. A person may not have his or her rights restricted in any way, or be granted any privileges, on the basis of his or her sex, race, nationality, language, origin, social status, religion, convictions, or opinions.
The Fifth and 14th Amendments of the U.S. Constitution guarantee legal equality as well. The due process clauses of the Fifth and 14th Amendments require that the federal and state governments must follow fair and equal legal procedures in matters pertaining to an individual’s right to life, liberty, and property. The 14th Amendment says, “No state shall . . . deny to any person within its jurisdiction the equal protection of the laws.”
Equality in the possession of fundamental human rights is another essential attribute of every constitutional democracy. This idea of equality was dramatically put forward in the 1776 Declaration of Independence, which proclaimed to the international community the emergence of a newly independent country, the United States of America. The declaration asserted a self-evident truth: that each person is born with equal possession of certain inherent rights, such as the right to “Life, Liberty, and the pursuit of Happiness.” Further, this declaration held, “That to secure these Rights, Governments are instituted among Men.”
The founders of the United States were not claiming that all individuals are equal in their personal attributes, such as physical strength, intelligence, or artistic talent. They were not saying that a government is established to enforce equality or uniformity in the way people think, act, or live. Rather, the founders were committed to establishing a government that would guarantee equally, to all individuals under its authority, security for liberty based on the rule of law. The idea of natural equality in rights, that every person inherently possesses fundamental rights stemming from his or her equal membership in the human species, has been expressed in the constitutions of democracies throughout the world.
Equality of citizenship is another characteristic of constitutional democracies today. There are not degrees of citizenship whereby, for example, some persons have first-class citizenship with superior rights and privileges relative to different classes of citizens with different rights. Thus, Article IV of the U.S. Constitution says, “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
John Patrick, Understanding Democracy, A Hip Pocket Guide
FAQs
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.
What is an example of a violation of the 14th Amendment? ›
A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race.
What is the Annenberg classroom about? ›
AnnenbergClassroom.org provides a comprehensive, multimedia curriculum on the Constitution. Our free classroom resources include videos, games, lesson plans and timelines as well as our popular Annenberg Guide to the Constitution, which provides the original text and then explains it in plain language.
What is the rule of law Annenberg classroom? ›
In a limited government administered according to the rule of law, the rulers use power following established principles and procedures based on a constitution. By contrast, when the rulers wield power capriciously, there is rule by the unbridled will of individuals without regard for established law.
Is Annenberg classroom reliable? ›
Annenberg Classroom is an educational website featuring high-quality, well-vetted, and well-organized teaching materials for the Constitution and related topics.
What are the 4 main points of the 14th Amendment? ›
The Fourteenth Amendment contains a number of important concepts, most famously state action, privileges & immunities, citizenship, due process, and equal protection—all of which are contained in Section One.
What does the 14th Amendment say in simple terms? ›
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. Section 2.
What is one thing the 14th Amendment failed to do? ›
The 'Splintering' Of America's Black Population
The court also said Congress lacked the constitutional authority under the 14th Amendment to grant equal protections under the law to blacks, stating that only states and local governments could do that.
What is a real life example of the 14th Amendment? ›
The most commonly used -- and frequently litigated -- phrase in the amendment is "equal protection of the laws", which figures prominently in a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed ...
What is the freedom of religion in the Annenberg Classroom? ›
Freedom of Religion: The First Amendment's free exercise clause allows a person to hold whatever religious beliefs he or she wants, and to exercise that belief by attending religious services, praying in public or in private, proselytizing or wearing religious clothing, such as yarmulkes or headscarves.
Branches of Power
This game immerses students in the workings of our three branches of government. Players take on the roles of legislator, president and Supreme Court justice to get constitutional laws enacted.
What is popular sovereignty Annenberg Classroom? ›
Popular sovereignty is government based on consent of the people. The government's source of authority is the people, and its power is not legitimate if it disregards the will of the people. Government established by free choice of the people is expected to serve the people, who have sovereignty, or supreme power.
What is the 13th Amendment Annenberg classroom? ›
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
What is the 22nd Amendment Annenberg classroom? ›
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once.
What is Article 1 Section 8 Annenberg classroom? ›
Article 1, Section 8 gives Congress the authority “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
What is the 14th Amendment in simple terms in Education? ›
Equal Protection
The Equal Protection Clause of the Fourteenth Amendment provides that “No state shall . . . deny to any person within its jurisdiction the equal protection of the laws.” 1 The most famous. case applying the Equal Protection Clause to schools is Brown v.
What is the 14th Amendment in simple terms? ›
A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
How does the 14th Amendment relate to school? ›
While education may not be a "fundamental right" under the Constitution, the equal protection clause of the 14th Amendment requires that when a state establishes a public school system (as in Texas), no child living in that state may be denied equal access to schooling.
What does the 14th Amendment do for teachers? ›
The Equal Protection Clause of the Constitution's 14th Amendment protects teachers from certain harms. Teachers have the right to be free from discrimination based on race, sex, and national origin. They also have a right to freedom of expression, academics, privacy, and religion.
