In other words, an originalist would proscribe the sort of discrimination that was originally understood to be prohibited by the equal protection clause
and tolerate the rest.
26 violated the Equal Protection Clause
because the restructuring of the
Ferguson: As long as races were treated equally, the Plessy majority had said, segregation did not offend the Equal Protection Clause
, because a mere separation of the races did not imply "a badge of inferiority." Justice John Marshall Harlan, in a lone dissent, wrote, "Our Constitution is colorblind, and neither knows nor tolerates classes among citizens." Justice Harlan would have disallowed racial segregation as a matter of constitutional law.
For example, should we understand the Equal Protection Clause
to bar a government's decision to adopt and display the motto "White Supremacy Forever" on the state seal or a state license plate?
That is a good general description of the spirit behind the Equal Protection Clause
. The nation had just fought a war against a minority of states, and the Reconstruction Congresses sought to end discrimination deemed appropriate by that minority but not by the national majority.
This is certainly not a new argument, as many constitutional law scholars have argued that abortion regulations violate the Fourteenth Amendment's Equal Protection Clause
. (11) The Court's recent decision in Gonzales v.
As a consequence, abortion advocates have argued to base the right to abortion in the Equal Protection Clause
. Part II depicts the evolution of abortion advocates' arguments to strike down post-Roe statutes regulating abortion, from invoking the liberty interest of the Due Process Clause to making equal protection arguments to support legalized abortion.
Clearly Howard understood the Equal Protection Clause
as mandating the end of class legislation based on race--"colorblindness." There is nothing equivocal about his words, nor, I believe, about the meaning of the Equal Protection Clause
A five-year residency requirement for a partial real estate tax exemption did not violate a disabled veteran's right to travel protected by the equal protection clause
of the Fourteenth Amendment, according to the Supreme Judicial Court of Massachusetts.
The group further maintains that the laws violate the equal protection clause
of the Constitution because they single out specific companies for arbitrary treatment.
Evans decision the Supreme Court said that singling out a class of persons for exclusion from such basic safeguards violated the Constitution's equal protection clause
(The equal protection clause
only speaks of state action; there's nothing in there about the feds.) And there's pretty much no originalist support for the general idea that the Constitution protects women from discrimination either by Congress or by state legislatures.