timberlandko wrote:Perhaps as a utopian concept, equality means equal result, but (with the outrageous exception of Affirmative Action), US case law pretty clearly establishes equal opportunity as being the operative legal concept. Generally those in The US that claim they are being denied equal rights under the law in fact are members of limited-interest groups lobbying for special rights nowhere guaranteed in The Constitution.
This is not to say that all individuals are granted all rights due them under law, clearly that is not the situation. However, whether any Constitutionally guaranteed right or rights may be granted pursuant to law or withheld in violation of law in any particular situation or with respect to any given individual or group of individuals, all American citizens have the same Constitutionally guaranteed rights. While perhaps not perfectly realized in practice, the principle is a matter of Constitutional law.
Rights are not granted or conferred by any document or by any governing authority.
The people did not surrender their rights to any governing authority with the expectation that some of those rights might be conferred back to them. When the people organized and established our government, they retained everything and surrendered nothing. The primary purpose of the Constitution was to SECURE the blessings of liberty, great and small, for all. The Constitution delegates specific enumerated governmental powers to the government and separates those powers among three branches as a means of checks and balances built into the system to thwart the accumulation of oppressive powers in any single branch. The people NEVER delegated power to the government to deprive people of their retained rights. Government powers are LIMITED.
* * *
The Constitution limits the power of the GOVERNMENT to discriminate among the people. The Constitution prohibits the government from denying any person equal protection under the law. As others have pointed out, equality does not mean that every person will have equal housing or equal incomes; however, in this country, every person has an equal opportunity to pursue their liberty interests and happiness in accordance with their own abilities and ambitions.
Liberty (freedom) and equal opportunity go hand-in-hand.