The Law of Equality: The Fourteenth Amendment

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The Law of Equality: The Fourteenth Amendment
The principle of equality is paramount as embedded in the constitution and nobody holds
the right to undermine another on basis of their merits or their capacities. Everybody is equal
according to the law. Constitutional courts are free to prosecute individuals found in breach of
this law (Baer 18-37). It is for this reason that I choose to discuss in this paper the purpose,
scope, and background of the fourteenth amendment. In this essay, I will discuss examples where
this law has been used differently to deal with cases in ethnic, age, racial and classes’
discrimination.
History of the amendment
This important amendment was first ratified back on 28th July 1868 having been passed
on June 1866 by the House of Representatives. It was passed by 120 votes and forwarded to the
secretary of state then, William Seward for ratification. It was meant to nullify decision in 1857
by Supreme Court which prevented citizenship to slaves of African descent. It has been applied
to eradicate religious and ethnic discriminations. However, cases of racial and religious
discrimination have coexisted even after the ratification of this amendment. The fourteenth
amendment is one of the paramount constitutional guarantees to racial equality. Section 1 of the

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amendment states that "no state shall . . . deny to any person within its jurisdiction the equal
protection of the laws" ("U.S. Constitutional Amendments - FindLaw").
Thomas Jefferson once said that despite the United States attaining independence, the
blacks are inferior to the whites both in stature and mind. The Supreme Court which is the
highest court on land has held several enormous ruling against this law. This court once upheld a
ruling on a case of a child with Down syndrome. The parents to the child were prevented from
authorizing a surgery to save their child. Another example is the 1979 ruling on mental illness to
a minor where the parents were required to wait for a court ruling on the treatment. On basis of
the constitution, these two cases are against equal protection (Baer 18-37).
Purpose of the Fourteenth Amendment
Equal protection clause under this amendment speaks of privileges, liberty, property,
immunities and due process of law. This clause discourages these forms of discrimination and no
state should deny the rights of any citizen (Tani 825). However, judges and magistrates have
interpreted this amendment differently with questions such as, which form of equality?; which
idea is behind this equality?; what is the guarantee of this equality?; and what forms of equality
are provided by the constitution?
It is supposed to be a guarantee of rights and as it is seen, it was woven to be open-ended,
generous and with no limitations. The fifth and final sections of this amendment give the
Congress the power through legislation to the provisions of the constitution. The fourteenth
amendment is thus an expansive and an extensive bill of rights with substantial powers.
Privileges and discrimination given to the disabled provide a good example of an interpretation
of this amendment (Fox Jr 567-611). The disabled claim that access to education and other