Equality & Law
Article #9

The Meaning of Equality

By Timothy B. Lewis · Constitutional Freedom Foundation

Examining equality in the Declaration of Independence, equality under law, and the crucial distinction between equality of rights and the dangerous pursuit of equality of outcome.

The Declaration of Independence states: 'We hold these truths to be self evident that all men are created equal, that they are endowed by their creator with certain unalienable rights.' This statement of equality was revolutionary — but what did it mean?

The Founders did not mean that all men were equal in ability, intelligence, virtue, or achievement. They meant that all men were equal before God and equal before the law — that no man had a natural right to rule over another without that other's consent.

Equality under the law means that the same rules apply to everyone, regardless of their station in life. The law does not favor the rich over the poor, the powerful over the weak, or the majority over the minority. This is the rule of law — and it is the foundation of constitutional government.

The modern concept of 'equality of outcome' is fundamentally different from the Founders' concept of equality. Equality of outcome requires the government to treat people differently — to give more to some and take more from others — in order to achieve equal results. This is incompatible with the rule of law.

As Thomas Sowell has observed, 'Ask ten people what fairness means and you can get eleven different definitions. Expecting government to promote fairness is just giving politicians more arbitrary power.' The pursuit of equality of outcome inevitably expands government power at the expense of individual liberty.

Lincoln tended to agree with Madison when he observed: 'What is the true condition of the laborer? I take it that it is best for all to leave each man free to acquire property as fast as he can.' Equal opportunity — not equal outcomes — was the American ideal.

Key Quotations

Tolerating imperfections is the price of freedom.

— Thomas Sowell

What is the true condition of the laborer? I take it that it is best for all to leave each man free to acquire property as fast as he can.

— Abraham Lincoln