Talk:Equal justice under law

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I overhauled the article, over the past couple days, and am done now.198.228.196.84 (talk) 22:11, 29 May 2013 (UTC)

Declaration of Interdependence and the 9th Amendment, and the 5th Amendment

The United States Declaration of Independence says:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

The Ninth Amendment to the United States Constitution says:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

So, arguably, in US law, the principle of legal equality precedes the US Constitution and is recognized by the 9th Amendment. (As well as by the equal right to Due Process implied in the 5th Amendment Due Process Clause which is reaffirmed as applicable to the federal government in Bolling v. Sharpe. As well as by the 14th Amendment Equal Protection Clause which reiterated legal equality as applicable to the states (it already was by the Supremacy Clause) and was essential to the decision from which the phrase "Equal Justice Under Law" is derived.)

Where in this article should the 5th and 9th Amendments' support for equality be mentioned?

Is it true that Equality is literally the highest principle of law and justice in the United States?

66.87.152.156 (talk) 21:57, 1 November 2017 (UTC)

Big difference between how the Ancient Greeks and the rest of the world interprets the phrase and how the United States Courts apply the principle in court

(Unless I'm wrong) The USA doesn't actually guarantee equal justice under law, or equal protection under the law for all people within a state's jurisdiction.

They limit the interpretation to mean that people can't be treated differently by the legal system on the basis of a strictly limited "protected class" status (race, being over 40, gender, and a few others).

They have clearly stated they can allow certain people to do whatever they want, egregiously criminal or not, and not "protect" (to quote the 14th amendment) anyone from those people. And they can allow criminals to target people in prejudice and discrimination so long as it's not "protected class" (i.e. based on being a civilian, being poor, or being perceived as young). Theisonomist (talk) 08:28, 22 May 2020 (UTC)