140 PART TWO INDIVIDUAL RIGHTS CHAPTER 7 EQUAL RIGHTS:STRUGGLING TOWARD FAIRNESS 141 concentrates on groups because the history of civil rights has been largely one of group claims to equality.The chapter emphasizes the following main points: Americenshavessaulityder the They have,inega terms,equal EQUALITY AND THE DUE-PROCESS CLAUSE protection of the laws,equal access to accommodatlons and housing,and an equal OF THE FOURTEENTH AMENDMENT right to vote.Discrimination by law against persons because of race,sex,religion,and ethnicity is now largely a thing of the past. Although the Fourteenth Amendment's equal-protection whether a person is a Texan,an Oregonian,or a New Disaduntaged groups have had to slruggie for equal rights.Blacks,women,Native dause is more dosely assodated with issues of equality, Yorker,but much less than it did in the past.Americans Americans,Hispanics,and Asian Americans have all had to fight for their rights in its due-process clause is also important in this area.Sinoe were once unequal,for example,in their constitutional order to come closer to equality with white males. the Supreme Court extended the federal Constitutlon's protection against self-incrimination:they enjoyed this Legal eqlity for an Americans has not resulte in de faco equty.Blackswomen, Bill of Rights to the states,basing its reasoning on the orotection in state courts only if it was guaranteed by their due-process clause of the Fourteenth Amendment,Ameri- state's constitution.But today,because of the Supreme mhonmm cans in the various states have become more equal in their Court's interpretation of the due-process clause,all Amer- gagmpsped rights to free expression and fair trial.On issues of icans are entitled to constitutional protection against political expression and criminal justice,itsi matters self-incrimination during criminal proceedings. full equality. N57币HEf5S正 EQUAL PROTECTION:THE FOURTEENTH AMENDMENT Equality under the Law The Impact of Federalism epalily op uditerieirm The Fourteenth Amendment,which was ratifed in 1868,declares in part that No State sa..demy toy on Equality Equality has always been the least completely developed of America's founding no state shall"deny to any person within its jurisdiction the equal protection of persun within its jurisdiction Disadvantaged groups have the laws."Through this equal-protection clause,the courts have protected the enmal protection of the laws achieved a greater degree od ideas.Not even Thomas Jefferson,who had a deep admiration for the common man,believed that broad meaning could be given to the claim of the Declaration such groups as black people and women from discrimination by state and local U.S.Constitution, of Independence that "all men are created equal."Jefferson rejected any governments. Fourteenth Amendment As we noted in Chapter 2,the Supreme Court initially interpreted the (equal-protection clause) rulings,rather than through suggestion that people should be equalized in their possessions,interests, state and local measures. positions,or opiuons.fo Jefferson,"equality"had a restrieted,though signin- Fourteenth Amendment so narrowly that the South's white-dominated govern- What do you thinkare the cant,meaning:people are of equal moral worth and thereby deserving of equal ments found it easy to relegate black people to second-class status.By law,they main reasons for this development?Do James treatment under the law.Even then,Jefferson made a distinction between free Madison's arguments (in men,who were entitled to legal equality,and slaves,who were not. Federalist No.10)about the Since Jefferson's time,Americans'beliefs about equality have changed substantially,but the emphasis on legal equality has not.The catchphrase of under a federal system apply to the situation?Do issues of nearly any group's claim to a fairer starding m American society has been 'equality under the law."The importance that people attach to legal equality is understandable.When made into law,claims to equality assume a power that system is preferable to a they do not otherwise have.Once people are secure in their legal rights,they are unitary ane? in a stronger position to seek equality on other fronts,such as in the economic realm.In addition,once encoded in law,a claim to equality can force officials to take positive action on behalf of a disadvantaged group.For example,some communities refused to allow the children of illegal aliens to attend public school until a 1982 Supreme Court rulig required those communities to do so.3 Americans'claims to legal equality are contained in a great many laws. Federal troops protect black students desegregating Little Among the most noteworthy are the equal-protection clause of the Fourteenth Rock Central High 5chool after Amendment,the Civil Rights acts of 1964 and 1968,and the Voting Rights Act the 5uprer me courl's of1965. ruting in 1954 that pabltc schdols were unconstitutional.The ruling set Robert Nisbet,"Public Opinion versus Popular Opinion"Ixterest 41 (1975):171 P%rV.D,457U.5202982 offa wave of protests throughout he South.®wr