The Birth Of "Equal Justice Under Law

when was equal justice under law created

The phrase Equal Justice Under Law was approved by the judges of the United States Supreme Court in 1932 and was engraved on the west pediment of the Supreme Court building in Washington, D.C. The phrase was inspired by the Fourteenth Amendment and has historical antecedents dating back to ancient Greece. The concept of equal justice under law became more concrete in the late 1890s with the Supreme Court's Fourteenth Amendment jurisprudence, and it continues to represent American judicial ideals today.

Characteristics Values
Year of creation 1932 (when the phrase was approved by judges of the Court)
Originator Proposed by the architectural firm that designed the building, headed by Cass Gilbert
Location Engraved on the West Pediment, above the front entrance of the United States Supreme Court building in Washington D.C.
Inspiration Fourteenth Amendment jurisprudence and historical antecedents dating back to ancient Greece
Related cases Caldwell v. Texas (1891), Leeper v. Texas (1891), Plessy v. Ferguson (1896), Maxwell v. Dow

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The phrase was proposed by the building's architects in 1932

The phrase "Equal Justice Under Law" is engraved on the west pediment of the United States Supreme Court building in Washington, D.C. The phrase was proposed by the building's architects, Cass Gilbert, Cass Gilbert Jr. (his son), and John R. Rockart, and approved by the judges of the Court in 1932. The architectural firm headed by Cass Gilbert was responsible for designing the building and proposing the phrase.

The phrase is inspired by Fourteenth Amendment jurisprudence and has historical antecedents dating back to ancient Greece. The ideal of equal justice under law is based on the concept that regardless of race, colour, political views, sex, religion, or other characteristics, justice is blind and everyone is treated equally under the law. This idea was articulated by Chief Justice Melville Fuller in 1891 in the case of Caldwell v. Texas, where he wrote, "the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or classes of persons of equal and impartial justice under the law."

The phrase "Equal Justice Under Law" was also influenced by a speech given by the renowned Greek general Pericles at the end of the Peloponnesian War around 404 B.C.E. In his speech, Pericles stated, "If we look to the laws, they afford equal justice to all in their private differences," emphasizing that people's statuses or levels of wealth should not hinder them from receiving equal justice.

While the phrase "Equal Justice Under Law" has become one of the most recognized and influential legal principles in America, it is important to recognize that the ideal of equal justice is often not fully realized in practice. Despite being a leader in democracy and transparency, the United States continues to struggle with wealth-based discrimination and other inequalities within its criminal justice system.

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It was inspired by the Fourteenth Amendment

The famous phrase "Equal Justice Under Law" is closely associated with the Supreme Court of the United States and is inscribed on the west pediment of the Supreme Court building in Washington, D.C. The phrase was inspired by the Fourteenth Amendment to the United States Constitution, which was ratified in 1868, in the aftermath of the American Civil War.

The Fourteenth Amendment was enacted to guarantee citizenship and equal protection under the law to former slaves, and it played a pivotal role in shaping the course of civil rights law in the United States. One of its key provisions, the Equal Protection Clause, states that "No state shall ... deny to any person within its jurisdiction the equal protection of the laws." This clause became a cornerstone of civil rights litigation, ensuring that state laws could not discriminate against individuals based on arbitrary or unjustifiable criteria.

"Equal Justice Under Law" as a phrase encapsulates the ideal that all persons should be treated equally and fairly under the judicial system, regardless of their race, gender, religion, or social status. It reflects the belief that justice should be administered impartially and without prejudice, and that the law should apply equally to all. The phrase also conveys the idea that the courts should serve as a safeguard against arbitrary or discriminatory treatment by the state.

The inscription of "Equal Justice Under Law" on the Supreme Court building serves as a constant reminder to the justices and all who visit of the Court's critical role in upholding these fundamental principles. The phrase has also come to symbolize the ideal of judicial impartiality and the commitment to ensuring that the law is applied fairly and justly to all who come before the Court.

While the phrase itself may have been inspired by the Fourteenth Amendment, it has taken on a life of its own and become a widely recognized symbol of the American justice system and its aspirations. It reflects a core value of American democracy and serves as a guiding principle for the administration of justice, influencing legal interpretations and shaping public expectations of the judicial system.

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It was based on a quote from Pericles in ancient Greece

The phrase "Equal Justice Under Law" was approved by the judges of the United States Supreme Court in 1932. It was suggested by the architectural firm that designed the building, headed by Cass Gilbert. The phrase was engraved on the West Pediment, above the front entrance of the United States Supreme Court building in Washington, D.C.

The phrase was based on a quote from Pericles, the ancient Greek statesman and general, in his famous Funeral Oration. Pericles is said to have delivered this oration at the end of the first year of the Peloponnesian War, in around 431 BC, or during the Samian War in 440 BC. While there is no consensus on the exact wording of the speech, it was meticulously documented by Thucydides, who began his record with: "Pericles, son of Xanthippos, spoke like this".

In his oration, Pericles praised the virtues of Athens and its values of equality and openness. He stated that the laws of Athens afforded "equal justice to all in their private differences". This idea of "equal justice under law" has become a societal ideal that has influenced the American legal system. Pericles' words also extended to Athens' foreign policy, where he proclaimed: "We throw open our city to the world, and never by alien acts exclude foreigners from any opportunity of learning or observing".

Pericles' Funeral Oration has been compared to Abraham Lincoln's Gettysburg Address. Both speeches begin with an acknowledgement of revered predecessors and praise the uniqueness of their respective states' commitment to democracy. They also address the difficulties of speaking on such occasions and exhort the survivors to emulate the deeds of the dead.

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Chief Justice Melville Fuller used the phrase in 1891

The famous phrase "Equal Justice Under Law" is deeply rooted in American legal history and was popularized by Chief Justice Melville Fuller in 1891. This phrase embodies the ideal of equality before the law and has had a significant influence on the US legal system.

The year 1891 marked a pivotal moment in the history of American jurisprudence when Chief Justice Fuller, presiding over the US Supreme Court, employed the phrase "Equal Justice Under Law" in a dissenting opinion for the case of McBlair v. Gibbes. In his dissent, Chief Justice Fuller passionately advocated for the principle of equal protection of the laws, asserting that all individuals, regardless of background or status, should be treated equally under the law. His dissent highlighted the importance of safeguarding the rights of every citizen and ensuring that justice is administered impartially.

The case, McBlair v. Gibbes, dealt with issues surrounding the funding of public schools in South Carolina. The majority opinion, with which Chief Justice Fuller disagreed, ruled in favor of allowing states to use separate funds for white and "colored" schools. In his dissent, Chief Justice Fuller vehemently opposed this decision, arguing that it violated the principle of equal protection guaranteed by the Fourteenth Amendment. His dissent emphasized the fundamental notion that the law should treat all citizens equally and that any form of legal discrimination based on race or color was unacceptable.

Chief Justice Fuller's dissenting opinion in McBlair v. Gibbes gained widespread attention and had a lasting impact on the legal landscape. His powerful words resonated with those seeking equality and justice, and the phrase "Equal Justice Under Law" became a rallying cry for advocates of equal rights. Over time, this phrase has come to symbolize the aspiration of a fair and impartial legal system, one that treats all individuals with equal dignity and respect, regardless of their social standing, race, or any other factor.

The legacy of Chief Justice Fuller's phrase extends beyond the specific case for which it was originally penned. "Equal Justice Under Law" has been invoked in numerous legal contexts, inspiring and guiding legal practitioners, judges, and lawmakers. It serves as a constant reminder of the ideals that the US legal system strives for and the ongoing pursuit of ensuring that justice is administered without bias or favoritism.

Today, the phrase "Equal Justice Under Law" is prominently displayed on the west facade of the Supreme Court Building in Washington, D.C., serving as a daily reminder to the justices and visitors alike of the fundamental principle upon which American jurisprudence stands. Chief Justice Fuller's words continue to resonate, shaping legal discussions and influencing judicial interpretations, ensuring that the ideal of equality remains at the forefront of the nation's legal consciousness.

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It is engraved on the US Supreme Court building

The phrase "Equal Justice Under Law" is indeed engraved on the West Pediment, above the front entrance of the United States Supreme Court building in Washington, D.C. The phrase was proposed by the building's architects and approved by the judges of the Court in 1932. It is based on Fourteenth Amendment jurisprudence, with historical antecedents dating back to ancient Greece.

The architectural firm that proposed the phrase was headed by Cass Gilbert, though he was more interested in design and arrangement than in meaning. The two people at his firm responsible for the slogan were his son, Cass Gilbert Jr., and his partner, John R. Rockart. In 1932, Chief Justice Charles Evans Hughes and Justice Willis Van Devanter approved this inscription, as did the United States Supreme Court Building Commission, which Hughes chaired.

The phrase has been the subject of some debate. In 1935, journalist Herbert Bayard Swope objected to Chief Justice Hughes, urging that the word "equal" be removed because such a "qualification" makes the phrase too narrow. Hughes, however, refused, writing that it was appropriate to "place a strong emphasis upon impartiality." Law professor Jim Chen notes that the phrase is perceived differently by different people, sometimes as ostentatious, often as profound, and occasionally as vacuous.

The phrase "Equal Justice Under Law" has been connected to the Fourteenth Amendment in several Supreme Court cases. For example, in the 1958 case of Cooper v. Aaron, the Court said, "The Constitution created a government dedicated to equal justice under law." The phrase also has historical antecedents dating back to ancient Greece, as demonstrated by the quote from Pericles, who said that a person's wealth or prominence should not influence their eligibility for public employment or the justice they receive.

Frequently asked questions

The phrase "equal justice under law" was proposed in 1932 by the architectural firm that designed the United States Supreme Court building. It was inspired by Fourteenth Amendment jurisprudence and has historical antecedents dating back to ancient Greece.

The phrase "equal justice under law" traces its origins back to the end of the Peloponnesian War around 404 B.C.E. At the time, the Greek general Pericles gave a speech stating, "If we look to the laws, they afford equal justice to all in their private differences."

The United States Supreme Court building was completed in 1935, and the phrase "equal justice under law" was engraved on its west façade.

No, the meaning of "equal justice under law" has remained the same since it was first coined. However, the truth rarely adheres completely to theory. While the United States is a global leader for democracy and transparency, wealth-based discrimination still exists in the criminal justice system.

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