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Equality in a constitutional democracy means equal justice under the law. No one is above or beyond the reach of the law, and no one is entitled to unfair advantages or subjected to unequal penalties based on the law. Three main examples of equality in a democracy are constitutionally guaranteed protection for equality of treatment according to the law, equality in fundamental human rights, and equality of citizenship.
The Fifth and 14th Amendments of the U.S. Constitution guarantee legal equality as well. The due process clauses of the Fifth and 14th Amendments require that the federal and state governments must follow fair and equal legal procedures in matters pertaining to an individual’s right to life, liberty, and property. The 14th Amendment says, “No state shall . . . deny to any person within its jurisdiction the equal protection of the laws.”
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