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what is equlity under the law and what does it mean?

What does equlity under the law mean?

  • That government creates laws which makes all people equal in society

    Votes: 0 0.0%

  • Total voters
    14
  • Poll closed .
I imagine it will mean different things to different people but for me it means treating everyone the same without preferences or exclusions. I personally do not see why we need mention race or gender in any law. I believe once you add race or gender into law it can then become preferential or exclusive.
 
I imagine it will mean different things to different people but for me it means treating everyone the same without preferences or exclusions. I personally do not see why we need mention race or gender in any law. I believe once you add race or gender into law it can then become preferential or exclusive.

BUT by whom?
 
so if I have you correct, it is government that is supposed to treat everyone equal, not the people.

That's how I would interpret his/her remarks. The federal government was intended to favor no person or group or discriminate between no persons or groups but apply the same rules to everybody regardless of age, race, gender, religion, political affiliation, or socioeconomic status. The federal government imposed no such requirement to the states, local communities, or individual persons or groups, however.

So as it was intended, the federal government could not dispense charity or any other government provisions to some but not all as that would violate the equal protection under the law concept. But the states and local communities could. The federal government could not deem one person unworthy for service or accommodation, but the individual citizen could. The Founders deemed that liberty could not exist if each person was not master of his own person and property.

Of course over the last hundred years or so years, power greedy politicians and the courts they put into place have corrupted that principle again and again as more liberties have gradually been taken from the people and more power transferred to government. And I believe the nation is far worse off because of it.
 
so if I have you correct, it is government that is supposed to treat everyone equal, not the people.


Well I would hope that everyone would both public and private but yea I believe it reaches beyond what the government should doing when they try to force private citizens to treat everyone equally. A business for example should not be forced to conduct business with anyone they do not wish to regardless of reason. If I do not wish to let you into my store because you are ugly, are male or female, smell funny, wear pink shoes whatever that should be my right as the owner.
 
That's how I would interpret his/her remarks. The federal government was intended to favor no person or group or discriminate between no persons or groups but apply the same rules to everybody regardless of age, race, gender, religion, political affiliation, or socioeconomic status. The federal government imposed no such requirement to the states, local communities, or individual persons or groups, however.

So as it was intended, the federal government could not dispense charity or any other government provisions to some but not all as that would violate the equal protection under the law concept. But the states and local communities could. The federal government could not deem one person unworthy for service or accommodation, but the individual citizen could. The Founders deemed that liberty could not exist if each person was not master of his own person and property.

Of course over the last hundred years or so years, power greedy politicians and the courts they put into place have corrupted that principle again and again as more liberties have gradually been taken from the people and more power transferred to government. And I believe the nation is far worse off because of it.

the way I have found it to be is government, local, state or federal government must treat everyone equal under the laws they [government] create.

people do not have to treat other people equal because they don't make laws, .....of coarse that does not mean I can violate others rights in any way.
 
Well I would hope that everyone would both public and private but yea I believe it reaches beyond what the government should doing when they try to force private citizens to treat everyone equally. A business for example should not be forced to conduct business with anyone they do not wish to regardless of reason. If I do not wish to let you into my store because you are ugly, are male or female, smell funny, wear pink shoes whatever that should be my right as the owner.

agree..
 
In practical terms, it means that the protection one gets under the law is a function of the quality of the legal representation one can afford and the type of connections that one has.
 
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the way I have found it to be is government, local, state or federal government must treat everyone equal under the laws they [government] create.

people do not have to treat other people equal because they don't make laws, .....of coarse that does not mean I can violate others rights in any way.

And I support the Founders that the state and local governments can be more discriminatory so as to allow the liberty for the people for form whatever sorts of societies they wish to have. When government assumes the power to dictate that, then there is no individual liberty. So if the state or local government, with the people's consent, wishes to help the poor, it should be able to do so even though that discriminates against the un poor. If the state or local government wish to forbid certain kinds of businesses it should be able to do so--something that would not be appropriate for the federal government that must treat everybody equally to do. If the local historical society wishes to protect a certain landmark or structure, it should be able to do so with consent of the people while such is entirely inappropriate for an impartial federal government to do.
 
I personally do not see why we need mention race or gender in any law.

You deny racism exists in the US?

You fail to understand hate crime law?
 
And I support the Founders that the state and local governments can be more discriminatory so as to allow the liberty for the people for form whatever sorts of societies they wish to have. When government assumes the power to dictate that, then there is no individual liberty. So if the state or local government, with the people's consent, wishes to help the poor, it should be able to do so even though that discriminates against the un poor. If the state or local government wish to forbid certain kinds of businesses it should be able to do so--something that would not be appropriate for the federal government that must treat everybody equally to do. If the local historical society wishes to protect a certain landmark or structure, it should be able to do so with consent of the people while such is entirely inappropriate for an impartial federal government to do.

I only disagree [to the bold].depending on how the money is collected, if it is by force, then its not legal, if collected thru a voluntary tax say consumption, then I am fine with it.

as far as a business has long as it does not violate rights of the people or the public health and safety I have no problem with it.
 
It's ridiculous to think laws can make all people equal. On the other hand, it is naive to think that the laws are applied to all citizens equally.
 
Equal protection

equal protection: an overview

The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. See U.S. Const. amend. XIV. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances.

A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws. The result, therefore, of a law is not relevant so long as there is no discrimination in its application. By denying states the ability to discriminate, the equal protection clause of the Constitution is crucial to the protection of civil rights


Equal protection | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute
 
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It's ridiculous to think laws can make all people equal. On the other hand, it is naive to think that the laws are applied to all citizens equally.

all its means is government cannot create a law,...and make it apply to some people and not others.......the law must apply to everyone.....its a simple meaning.
 
You deny racism exists in the US?

You fail to understand hate crime law?

No. Are you implying that preferential treatment be given to certain segments of the population based on race according to the law?


Hate crime legislation is stupid **** as far as I am concerned.
 
all its means is government cannot create a law,...and make it apply to some people and not others.......the law must apply to everyone.....its a simple meaning.

That's ok. It does not contradict my point. What I am saying is that in practical terms, the law is not applied to all citizens equally. That is fact.
 
That's ok. It does not contradict my point. What I am saying is that in practical terms, the law is not applied to all citizens equally. That is fact.

well I believe you are correct.

some people do get out of not having to be subject to the law, ..because who they are, or how much money they have......or coarse this is a great wrong in our society.


but to be clear equality under the law, is not to be used by government to force one person to treat another person equally.
 
No. Are you implying that preferential treatment be given to certain segments of the population based on race according to the law?

So, you believe racism exists and you support it by taking no corrective action?

Hate crime legislation is stupid **** as far as I am concerned.

As I suspected, you don't understand hate crime legislation.
 
well I believe you are correct.

some people do get out of not having to be subject to the law, ..because who they are, or how much money they have......or coarse this is a great wrong in our society.

We agree here. No problem.

but to be clear equality under the law, is not to be used by government to force one person to treat another person equally.

I'm not so sure I agree with you here. If by this you mean that the government cannot force me to treat someone else's kid equally as I do my own. Yes I agree. If by that you mean that the government cannot force me to give my merchandise to a person who WILL NOT give me money in return, like I would someone that does, I agree. If by that you mean that the government cannot force me to treat a girl who I am not attracted to the same as I would one that I am attracted to, I agree.

IF however by that you mean that the government cannot force states to allow equal access to public schools between blacks and whites, I have a very, very big problem with that.
 
well it doesnt matter what i or others think it it only what it actually is and thats equal treatment/protection by/of law and rights

civil rights and discrimination laws are a perfect example. it doesnt make person A and B equal it simply means the laws that protect them and their rights are equal.
 
we agree here. No problem.



I'm not so sure i agree with you here. If by this you mean that the government cannot force me to treat someone else's kid equally as i do my own. Yes i agree. If by that you mean that the government cannot force me to give my merchandise to a person who will not give me money in return, like i would someone that does, i agree. If by that you mean that the government cannot force me to treat a girl who i am not attracted to the same as i would one that i am attracted to, i agree.

If however by that you mean that the government cannot force states to allow equal access to public schools between blacks and whites, i have a very, very big problem with that.

anytime government makes you [a citizen] do things against your will.........and you on the other hand have not violated the natural rights of another person or the health and saftey of the public......then government is not securing your rights.

Governments...... Must treat everyone equally......

People..................dont have to treat everyone equally.
 
well it doesnt matter what i or others think it it only what it actually is and thats equal treatment/protection by/of law and rights

civil rights and discrimination laws are a perfect example. it doesnt make person A and B equal it simply means the laws that protect them and their rights are equal.

but this below does not have anything to do with person [A] how he treats person

Equal protection

equal protection: an overview

The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. See U.S. Const. amend. XIV. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances.

A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws. The result, therefore, of a law is not relevant so long as there is no discrimination in its application. By denying states the ability to discriminate, the equal protection clause of the Constitution is crucial to the protection of civil rights
 
anytime government makes you [a citizen] do things against your will.........and you on the other hand have not violated the natural rights of another person or the health and saftey of the public......then government is not securing your rights.

Governments...... Must treat everyone equally......

People..................dont have to treat everyone equally.

I totally agree that people don't have to treat everyone equally. That would be chaos.

Having said that, the devil is in the details of the interpretation of when a persons natural rights have been violated and exactly what actions constitute a danger to the health and safety of the public.
 
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