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There is nothing about equality - for people anyway - in the original language of the Constitution. States yes, people no. There are arguments that equal treatment before the law - on the national level - was implicit in the language of the 5th Amendment, but there's nothing explicit about it. Not until the end of the Civil War did a serious movement take hold to add equality before the law - on both the national and state level - to the Constitution. Since then the equal protection clause has been a mainstay of Supreme Court cases since its vaguely written and has been applied to a large variety of claims - some successful - some not.
Blog Tags:
- Affirmative Action.
- Civil Rights.
- Equal Protection.
- Fundamental Rights.
- Gender Discrimination.
- Rational Basis Review.
- Same Sex Marriage.
- Strict Scrutiny.