Meaning Of Freedom, Equality, and Justice in the U.S. Constitution
Introduction
The promise of the United States, according to the founding father’s ideals was to promote equality and offer liberty to the great people of the United States. The constitution embodied principles of freedom, balance, and justice in the natural rights that were ideally to remain unchanging through time or cultural changes. The USA is a diverse country, justice, freedom, and liberty are major unifying factors for the people of the United States. Liberty and equality have stood out to be the most dominant dimensions of quality in the American constitution with liberty being held as the first principal to emerge and it was commonly shared amongst the founding fathers of the nation (Dworkin 27). For instance, the 14th Amendment has overtime stood out as the representation of equality. Despite being protected in the initial constitution, it took the United States a long time to achieve actual equality and freedom. Through the amendments that actualized the liberty and balance within the 14th Amendment as the cornerstones of the American constitutional system and significantly represented the American states national history of injustice experienced during and after colonialism. With racial equality is one of the critical collective measures of justice and liberty in the United States (Rabe 283). This paper will discuss the constitutional ideals that protect and upholds freedom, justice, and equality in the American constitution and their impact on the United States as a nation for being forbidden in the U.S Constitution and founding father’s ideals for the country.
Equality in the American Constitution
The constitution of the U.S. recognizes the equality of all people before the law. Equality is the idea of having uniformity in the way in which those that are in high positions in society treat those that they affect or influence. Recognition of equality rights has to be coerced by the disadvantaged from those who are advantaged. Legislations have been made to achieve the practice of opportunity equality (Rabe, 283). The constitution has laws that are meant to enhance social and religious justice. The government of the USA improves economic equality through; taxation policies, offering subsidized training, provision of education and the distribution of the primary resources as well as wealth to the individuals who have been previously unequally treated. The government uses affirmative action to promote equality (Dworkin, 29). It provides education and job opportunities to the minority groups in society. The affirmative action implemented focuses on people with disabilities, gender, age, and race. Despite the efforts of promoting equality in the U.S., there has been a struggle as the issues of equality arises. The government is trying to create a sense of assurance to African American and women rights through documents and laws (Dimitrakopoulos 312).
Equality is a constitutional truth in the United States, and it is primarily emphasized on the 14th Amendment and numerous other constitutional clauses which have made it an important cornerstone of the country. The core of the constitutional equality lies on racial justice with various dimensions of equality with the emphasis that all ideals and faiths within the United States should be equal at least in the eyes of the state (Rabe 283). This mandates the state with an essential role in ensuring equality. The First Amendment of the U.S. Constitution establishes the equality protection clause, and it is the foundation of equality in the United States. The First Amendment embodies both speech and religious clauses which is an essential concept of equality within the constitution with an emphasis that despite the powers of the state it is not free to suppress ideas that it is in disagreement with or even those that the state finds heretical. Before the constitution, all ideals by the people are equal, and the state is required to uphold freedom of expression of the most agreeable amongst all the ideals of the people (Dworkin 32). In terms of religious equality, the constitution goal is to ensure that the state does not favor a single religious ideal with the establishment clause making sure that the state should not have a religious agenda. There is further clarity of the same in the free exercise clause in which the state is denied the right to restrict the observance of any religious faith. In another element of the U.S. Constitution in the First Amendment, the religion clauses promote religious equality by limiting the government ability to encourage or discourage any faith by government ideals which seek to improve the freedom of faith and belief in the purest and highest order in the United States Constitution.
The equality of participation is another core element of equality that has been given emphasis and can be used to measure the level of equality in the United States Constitution. The equality of participation is held through equal participation in the state’s legislation and congressional districts in what is known as the “one person, one vote” rule which has increased the protection of equal participation in the United States, especially in the legislative processes. The Supreme Court has over the years expanded the constitutional protection of equal participation especially in Harper v. Virginia Board of Elections cases that ruled against the poll tax that was deemed discriminatory a decision that has been known as a significant element of constitutional equality. Equal participation has been associated with the Equal Protection Clause of the 14th Amendment and was mainly aimed at ensuring that the indigenous people who have long been facing discrimination have an equal chance with the rest of the American people to participate in matters that concern them (Wilkinson III 945). The Gideon v. Wainwright case ruling significantly promoted the ideals of equal participation, especially in the criminal justice system by offering appointments to the poor to provide counsel in felony cases. Therefore, the constitution of the United States in a high ideal protects and upholds the ideals of equality in terms of participation. The Sixth Amendment provides a further cluster of rights that are aimed at ensuring equal representation and legitimacy of all the criminal prosecutions. For instance, the Compulsory Process Clause has been instrumental in promoting participative equality in the criminal justice by allowing the defendants to provide subpoena to the witnesses to force them to testify in the trial (Dimitrakopoulos 312).
Equality is a value that is highly cherished in the U.S. based on the independence declaration of the most critical documents in the country’s history. It entails having similar influential rights regardless of the surrounding circumstances. Therefore, it subjects all the citizens into having the same worth. Although based on the founding of the country, the equality tenet was not honored, it is just a lofty goal that the contemporary country strives to achieve. According to the U.S., equality is a symbol of hope, freedom, and opportunity to have a fair life that American people expect. Don't use plagiarised sources.Get your custom essay just from $11/page
Another course of equality in the United States under the constitution is equality before the law in which no one is at any time above the law. In the United States, v. Nixon is one of the modern cases that has shaped the ideal of equality under the law (Herda 12). The court held that not even the president of the United States was an exception under the legal process in a criminal trial. During the Watergate scandal, the president was directly involved in a cover-up in a crime. The Watergate scandal significantly changed the American politics in which Nixon resigned for his role in the cover-up. Later on, in the Ethics in Government Act of 1978, which upheld the need for equality before the law and accountability for the government officials.
The objection against the ethics act in which it suggested that it compromised the independence of the executive. As such, the Nixon and Morrison decision played a significant role in promoting the overall political and legal accountability, which was an emphasis on the use of the law to administer equality. Besides, the Supreme Court has been found to confer grants of immunity from the Civil Rights Act, not in an absolute but for only those that qualify. Another critical constitutional involvement in promoting equality is the equality on status, which prohibit against discrimination based on racial, ethnic, or gender (Rabe 283).The 14th Amendment is vocal against race-based discrimination in which all races and ethnic groups in the United States are entitled to civil rights under the law. The Equal Protection Clause of the Fourteenth Amendment of 1868 holds that no state should deny equal protection to a citizen under its jurisdiction which is significant constitutional protection of equal status under the law (Wilkinson III 945).
Freedom under the United States Constitution
Freedom is the power or the right to act, speak, think, or change without constraint. The citizens have the freedom of doing things without restriction by the government forces. It means that one is free such that they can easily change without constraints. Therefore, freedom involves engaging with what one wishes or wants to do (Werhan 3). This depicts that the definition of freedom is a vast topic ranging from diverse dimensions of life. According to the U.S. Constitution, it refers to the freedoms that it guarantees to its people. The freedoms of the people are usually contained in the constitution, this means they can enjoy it since it is under government protection. The freedoms under the constitution include; personal, civil, and political rights of the individuals (Dworkin 72). It is for this reason that the privileges are secured against invasion by the government or any other agencies that would alter how particular freedom is exercised.
The first amendments of the U.S. Constitution protect the bill of rights that includes freedom of speech, religion, and press. It also covers the right to peaceful protest as well as a petition to the government. The constitution amendment was implemented in 1791 alongside nine other amendments that make up the bill of rights under a written document that protects civil liberties under the U.S. law (Dworkin 272). The initial Amendment has always been subject to the interpretations and disputes over the years. To begin with, it guarantees freedom of speech, which allows the Americans to express themselves without having to worry about interference by the government. However, obscene encounters have been excluded from the first amendment protection, but again, deciding what is obscene has been problematic (Matravers and Meyer 49). Incites and threatening speeches that would harm other people are good examples of the indecent encounters that are not protected through the determination of those words is usually decided on the cases in which they take place. Secondly, the first amendments allow freedom of religion prohibiting the government from establishing a specific religion as a state religion or favoring a particular religion over the others (Matravers and Meyer 48). This helps in determining the long-established separation of both the state and the church.
Freedom, according to the United States Constitution, refers to the power protected by the constitutional clauses that allow people to act, think, or even speak as one wants without any restriction. Freedom in the United States is provided and regulated in the bill of rights, especially the freedom of expression, association, freedom of the press, the right to petition and peacefully assemble (Werhan 8). The First Amendment of the United States constitution plays a significant role in the designation of freedoms in which it is postulated that the Congress is prohibited from making laws that respect a single religion or infringe the freedom of speech, press or the right of the people to assemble peacefully (Werhan 3). The First Amendment, which was adopted in 1791, provides for the liberties of the people. The constitution ensures that Americans have the freedom of expression without the fear of government interference. However, although the constitution provides for the freedom of expression, there is a limitation in that one’s freedom cannot be used to abuse the freedoms of expression by inciting the public. Incitement and threats are not provided under the First Amendment freedom of speech, but there is a significant challenge in identifying words that can be categorized as incitement.
The freedom of the press ensures that people can express themselves through publications, but there is a limitation in defamatory and false statements which are not protected in the First Amendment (Werhan 6). The freedom of religion aims at establishing a separation between religion and the government and has been instrumental in promoting religious freedom for all the people so that they can express themselves fully without government restriction. Another fundamental freedom provided by the First Amendment is the freedom to protest and petition against the government, which is a democratic right that can help the people to voice against the government actions or policies. In a court case Schenck v. the United States, of 1919 played a significant role in determining the boundary of freedom of speech which elaborated further when the government can limit free speech (Matravers and Meyer 48). The draft resistance to join the military was viewed as a significant threat to national security. In another landmark case, New York Times Co. v. The United States, 1971, provided the press the freedom of publishing Pentagon papers without the risk of government intervention. The court case gave the media the authority to publish government critic information involving critical classified information as a protest to government abuse or denial of truth.
Another essential critical freedom provided for under the constitution is the freedom of contract which under the constitution allows people and companies to engage in mutually legally binding relationships based on free choice. This means that contracts at an individual or corporate level should not be interfered with by the government. This constitutional right is based on mutual agreement and the emphasis on the creation of a contract as a means of free choice without administrative or legislature control (Sarat and Kearns 12). This liberty is secured under the Fourteenth Amendment which ensures that the American citizens are free from physical restraint as well as open to enjoy all one’s faculties such as to live and work under one’s own will and enter into any contracts that are proper and essential for one’s good and progress (Dimitrakopoulos 312).
Justiceunder the United States Constitution
Justice is an essential element of the United States Constitution which seeks to promote unity and coexistence of the states and the people. Justice refers to a just and impartial settlement of conflicts and the ability to uphold equitableness. The integration of the United States is highly based on the ability of the constitution to support impartial processes that ensure equality and distribution of resources to all the states as well as access to services (Dworkin 27). Different constitutional elements are given the mandate of promoting justice and upholding the law 0f the land. Article III of the Constitution established the judicial powers of the United States Department of Justice, which is the primary defender and enforcer of justice. The judiciary ensures harmonious relation and existence of the different government agencies which provide impartial observance of the law and administration of justice in the criminal justice system. The Supreme Court is the highest court in the United States and has the power to control and promote balanced administration and governance by the legislature and the executive. Justice, according to the constitution, refers to the standard law of the land, which is established in the constitution (Barak 22). The judiciary in the constitution is given the mandate of enforcing the law and equity that is established under the constitution, the law of the land and all the treaties that the United States makes according to Article III section 2 of the constitution. The Department of Justice (DOJ) which was formed by Congress in response to the high number of litigation involving the United States after the Civil War. The DOJ came into existence in July 1st, 1870 after an Act of Congress which was supposed to handle all the criminal prosecutions and civil proceedings with an interest of the United States (Barak 23). Besides, the DOJ was supposed to assist the Attorney General. The constitution creation of the DOJ aimed at promoting equality and impartial justice to all the American citizens, which is the primary guiding principle of the Department of Justice.
Aleinikoff points out that the U.S. Constitution recognizes the establishment of the judiciary as an arm of government. The judicial branch of the U.S. ensures access to justice for all its citizens. The department of justice enforces the law and protects the interests of the U.S. people in accordance with the law. The department of justice creates a good environment favorable for people to get access to justice by ensuring people’s safety against both domestic and foreign threats, crime control, and punishing those found guilty for behaving unlawfully. The government, through federal agencies, works together in the process of expanding access to legal aid to the venerable individuals in society (Rabe 284). There is an exchange of best practices between the federal agencies and the government to promote programs that enhance justice for all communities. Using an inclusive approach of incorporating legal assistance to the services given by government agencies is an excellent development in the U.S.
The federal government has largely imparted access to justice in the U.S. civil justice system (Hall et al., 87). The office for access to justice in the U.S. has been established to expand access to civil legal aid as well as criminal indigent defense. The civil legal assistance ranging from legal representation to giving advice and community education is helping the poor and the middle class in the U.S. to know legal options and make great achievements and outcomes from, justice systems. The government, in promotion of injustice for everyone, has created a favorable environment where departments, agencies, and offices collaborate to give legal aid to the poor and middle-class populations. In criminal justice, ethical values and beliefs are mainly applied and widely in decision making and criminal justice practice (Sarat and Kearns 8). Criminal justice is a sensitive institution that requires the stakeholders to use moral values to maintain peace and justice in the community. Every day in criminal justice practice is not an easy day; most of the decisions that have to be made are difficult and sensitive. Establishing standards of moral conduct are central in developing professionalism in the prosecution department of the criminal justice system (Sarat and Kearns 5). Ethical and moral values are essential foundations of a fair and just community policing that include the prosecution of people who perpetrate crime.
Conclusion
Freedom, equality, and justice go hand in hand and are essential in the unity and actualization of the United States Constitution. Words like social justice, due process, fair hearing, equality before the law, and equal protection of the law have been instrumental in the promotion of the principle of equal justice in the United States. Justice provision in the United States includes the right to a lawyer. The United States Constitution has been instrumental in deriving the meaning of freedom, justice and equality which under different constitutional clauses are protected and upheld by various agencies that have been created specifically to actualize justice, equality and freedom for all the United States citizens who are viewed as equal according to the with all the people including the leaders subject to the same law. Promoting and protecting freedom enhances justice and equality in society. The U.S. Constitution protects the freedom of its citizens and has established a judicial branch that promotes justice in the country. Despite all the efforts by the government to promote and protects some freedoms, there have been challenges, for example, with the freedom of speech in establishing the wrong and the right words. In the process of promoting equality in the U.S., there are limiting factors that hinder the wellbeing and adherence of the constitution. The present status of the economy and government disorganization has brought the American value of equality to the test. There has been an equality issue as far as women are involved. Large numbers of women are poor compared to men. The immigrant is another group of people with equality issues in the U.S. Some of them who have come in the U.S. with the intention of the good life have ended .up living a miserable life whether they are legal or illegal immigrants. In connection with the equality issues, American people perceive Muslims differently because there is an assumption that the people from the Middle East are terrorists.
Works Cited
Aleinikoff, T. Alexander. “Re-reading Justice Harlan’s dissent in Plessy v. Ferguson: freedom, antiracism, and citizenship.” U. Ill. L. Rev. (1992): 961. Rev. 101 (1987): 1.
Barak, Gregg, ed. Battleground: Criminal Justice [2 volumes]. ABC-CLIO, 2007. 23
Dimitrakopoulos, Ioannis G. Individual Rights and Liberties Under the U.S. Constitution: The Case Law of the U.S. Supreme Court. BRILL, 2007. 300-330
Dworkin, Ronald. Freedom’s law: the moral reading of the American Constitution. OUP Oxford, 1999. 72-276
Hall, Kermit L., William M. Wiecek, and Paul Finkelman. American legal history: cases and materials. New York: Oxford University Press, 2006.
Herda, D J. United States V. Nixon: Watergate and the President. Springfield, N.J.: Enslow Publishers, 1996. 12
Lupu, Ira C. “Keeping the Faith: Religion, Equality, and Speech in the U.S. Constitution.” Conn. L. Rev. 18 (2015): 739.
Marshall, Thurgood. “Reflections on the bicentennial of the United States Constitution.” Harv. L. R
Matravers, Matt, and Lukas H. Meyer. Democracy, equality, and justice. Routledge, 2015: 48-50
Petersmann, Ernst-Ulrich. “Theories of justice, human rights, and the constitution of international markets.” Loy. LAL Rev.37 (2013): 407.
Rabe, Johan. Equality, Affirmative action, and justice. BoD–Books on Demand, 2001. 284
Ronald. Freedom’s law: the moral reading of the American Constitution. OUP Oxford, 1999. 27
Sarat, Austin, and Thomas R. Kearns, eds. Justice and injustice in law and legal theory. University of Michigan Press, 2009. 5-32
Werhan, Keith. Freedom of speech: a reference guide to the United States Constitution. Vol. 12. Greenwood Publishing Group, 2004. 1-24
Wilkinson III, J. Harvie. “The Supreme Court, the Equal Protection Clause, and the Three Faces of Constitutional Equality.” Virginia Law Review (1975): 945-1018.