Equality is the cornerstone to our democracy. People and societies thrive when equality, justice, and fairness are the principles that guide individual and governmental actions. Since the 14th Amendment, commonly known for its equal protection and due process clauses, was adopted; it has been the basis for most of the legislation and case law that have driven progress away from exclusion and slavery to democracy and freedom.

The 14th Amendment technically has five district sections. Section 1 addresses citizenship, due process and equal protection, Section 2 addresses representation in government, Section 3 places limits on eligibility for office, Section 4 addresses debt of the United States, and Section 5 gives Congress the power to enforce the amendment. However, Section 1 (in conjunction with the congressional power to enforce it provide in Section 5) is the one most often utilized when fighting for progress in diversity, equality, justice and freedom. The equal protection clause in Section 1 has been used as a basis for many decisions that have protected the rights of students, women and minorities. These decisions include Brown v. Board of Education, which addressed racial discrimination; Roe v. Wade, which addressed reproduction rights; Reed v. Reed, which addressed gender discrimination; and University of California v. Blake, which addressed racial quotas in education. The due process clause was the basis for the seminal decision in Miranda v. Alabama, which mandates that people be informed of their rights before being questioned by authorities. These decisions have been the foundation for protecting life, liberty, justice, and freedom today.

Equal protection is important for many reasons. The Constitution guarantees people the right to life, liberty, and the pursuit of happiness. However, if people are not treated equally, their access to pursue their dreams and happiness is not protected. Certainly, it is understandable that people fear change and things that are different or unknown. But if we allow that fear to limit progress, we will never achieve our full potential. Equal protection reminds us that we should embrace our differences, observe and learn from them, and allow them to motivate us to achieve our highest potential. Our physical attributes do not define or limit our capacity, and equal protection ensures that people act accordingly.

Due process is also very important to protecting our rights. People must have a right to fairly defend themselves against accusations of wrongdoing. When faced with charges, however, people are often scared and feel pressured to explain what happened. Their perception of what happened at that point might not be accurate because of their emotional state and the pressure they feel. Having guarantees of due process ensures at least some level of fairness in the process of protecting rights.

Due process and equal protection are concepts that often get taken for granted today. When you really look at how they are used in a legal sense, you realize just how much power they have, and how essential they are to protecting the rights that are the very foundation of our society. Our society has come a long way from where we started when it comes to embracing diversity and equality, but we still have a long way to go. Guided by the principles set forth in the 14th Amendment, as well as individuals willing to fight for equality and freedom, I am confident we will continue to make progress. 

Mitchell Weatherill is a student from Dunlap Middle School in Dunlap, Illinois. He is one of the winners of the Peoria County Bar Association’s Essay Contest. This contest was open to all 5th through 8th grade students in the greater Peoria area.