Text and History Narratives

Perfecting the Declaration: The Text and History of the Equal Protection Clause of the Fourteenth Amendment

Perfecting the Declaration tells the story of how the American people, after the Civil War, re-wrote the Constitution to guarantee equality to all persons, bringing the Constitution back in line with the principle of equality laid out in the Declaration of Independence. In the Equal Protection Clause, “we the people” perfected the Declaration by writing into the Constitution’s text that all “person[s]” are equal, not just that “all men are created equal.” Discussing the full sweep of our constitutional history – the principle of equality first set out in the Declaration, perfected in the Equal Protection Clause, and further illuminated in later Amendments – as well as a century of Supreme Court precedents, Perfecting demonstrates that the Clause secures equal rights and prohibits invidious discrimination against all persons, including discrimination on the basis of race, gender, and sexual orientation. The report concludes by demonstrating that the Constitution’s text and history support marriage equality for gay men and lesbians.

Summary

Perfecting the Declaration tells the story of how the American people, after the Civil War, re-wrote the Constitution to guarantee equality to all persons, bringing the Constitution back in line with the principle of equality laid out in the Declaration of Independence. In the Equal Protection Clause, “we the people” perfected the Declaration by writing into the Constitution’s text that all “person[s]” are equal, not just that “all men are created equal.” Discussing the full sweep of our constitutional history – the principle of equality first set out in the Declaration, perfected in the Equal Protection Clause, and further illuminated in later Amendments – as well as a century of Supreme Court precedents, Perfecting demonstrates that the Clause secures equal rights and prohibits invidious discrimination against all persons, including discrimination on the basis of race, gender, and sexual orientation. The report concludes by demonstrating that the Constitution’s text and history support marriage equality for gay men and lesbians.

More from Civil and Human Rights

Civil and Human Rights
June 28, 2024

RELEASE: Ignoring constitutional history and original meaning, conservative majority allows city governments to punish people for sleeping in public even if they have nowhere else to go

WASHINGTON, DC – Following today’s decision at the Supreme Court in City of Grants Pass...
By: Brian R. Frazelle
Civil and Human Rights
June 20, 2024

RELEASE: Supreme Court decision keeps the door open to accountability for police officers who make false charges

WASHINGTON, DC – Following this morning’s decision at the Supreme Court in Chiaverini v. City...
By: Brian R. Frazelle
Civil and Human Rights
June 11, 2024

The People Who Dismantled Affirmative Action Have a New Strategy to Crush Racial Justice

Slate
Last summer, in Students for Fair Admissions v. Harvard College, the Supreme Court’s conservative supermajority struck...
By: David H. Gans
Civil and Human Rights
April 12, 2024

TV (Gray TV): CAC’s Frazelle Joins Gray TV to Discuss Fourth Amendment Case at Supreme Court

Gray TV Washington News Bureau
Civil and Human Rights
April 22, 2024

RELEASE: Justices grapple with line-drawing but resist overturning important precedent in Eighth Amendment homelessness case

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in City of...
By: Brian R. Frazelle
Civil and Human Rights
April 19, 2024

Will the Supreme Court Uphold the 14th Amendment and Block an Oregon Law Criminalizing Homelessness?

Nearly 38 million Americans live in poverty. In some areas and among some populations, entrenched economic...
By: David H. Gans