“In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading.”

— Nelson Mandela

1960s, First court statement (1962)
Context: In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading. All the rights and privileges to which I have referred are monopolized by whites, and we enjoy none of them. The white man makes all the laws, he drags us before his courts and accuses us, and he sits in judgement over us.

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Nelson Mandela143

President of South Africa, anti-apartheid activist 1918–2013

Marvi Sirmed (1972) Pakistani human rights courtesan

Source: Marvi Sirmed https://blogs.tribune.com.pk/story/3270/where-did-the-blasphemy-law-come-from/

“Equal laws protecting equal rights…the best guarantee of loyalty and love of country.”

James Madison (1751–1836) 4th president of the United States (1809 to 1817)

Letter to Jacob De La Motta (August 1820), Manuscript Division, Papers of James Madison http://www.jewishvirtuallibrary.org/jsource/loc/madison.html 1820s Context: Equal laws protecting equal rights, are found as they ought to be presumed, the best guarantee of loyalty, and love of country; as well as best calculated to cherish that mutual respect and good will among citizens of every religious denomination which are necessary to social harmony and most favorable to the advancement of truth. Context: Among the features peculiar to the political system of the United States is the perfect equality of rights which it secures to every religious sect. And it is particularly pleasing to observe in the good citizenship of such as have been most distrusted and oppressed elsewhere, a happy illustration of the safety and success of this experiment of a just and benignant policy. Equal laws protecting equal rights, are found as they ought to be presumed, the best guarantee of loyalty, and love of country; as well as best calculated to cherish that mutual respect and good will among citizens of every religious denomination which are necessary to social harmony and most favorable to the advancement of truth.

“All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

1800s, First Inaugural Address (1801)
Context: All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression. Let us, then, fellow-citizens, unite with one heart and one mind. Let us restore to social intercourse that harmony and affection without which liberty and even life itself are but dreary things.

“Wherever the government goes, the Constitution goes, and wherever the Constitution goes, the protections that it guarantees restrain the government and requires it to protect those rights.”

Andrew P. Napolitano (1950) American judge and syndicated columnist

Judge Napolitano on Hannity and Colmes http://www.youtube.com/watch?v=bejmEG_t9mI, discussing the Supreme Court rulings on the scope of the protections in the Constitution. Context: The Constitution applies to persons, not just citizens. If you read the Constitution, its protections are not limited to Americans. And that was written intentionally, because at the time it was written, they didn't know what Native Americans would be. When the post civil war amendments were added, they didn't know how blacks would be considered, because they had a decision of the Supreme Court called Dred Scott, that said blacks are not persons. So in order to make sure the Constitution protected every human being: American, alien; citizen, non-citizen; lawful combatant, enemy combatant; innocent, guilty; those who wish us well, those who wish us ill... they use the broadest possible language, to make it clear: Wherever the government goes, the Constitution goes, and wherever the Constitution goes, the protections that it guarantees restrain the government and requires it to protect those rights.

“The government officials, along with the courtiers and the press, … insist that congressional and judicial oversight, the right to privacy, the rule of law, the freedom of the press, the right to express dissent remains inviolate. They use the old words and old phrases, old laws and old constitutional guarantees, to give our corporate totalitarianism a democratic veneer.”

Chris Hedges (1956) American journalist

34:44 “ Our Only Hope Will Come Through Rebellion http://www.youtube.com/watch?v=TOlg_2qAbUA” (2014)

“Laws are made with such attention to protecting women that, if a man's constitutional rights conflict with a woman's protection, his rights disintegrate before her protection disintegrates.”

Warren Farrell book The Myth of Male Power

Source: The Myth of Male Power (1993), Part II: The Glass Cellars of the disposable sex, p. 237.

“For more than six hundred years—that is, since the Magna Carta in 1215—there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge, what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust, oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.”

Lysander Spooner (1808–1887) Anarchist, Entrepreneur, Abolitionist

An Essay on the Trial by Jury, Boston, MA: John P. Jewett and Company, Cleveland, Ohio: Jewett, Proctor & Worthington (1852) p. 5

“Rights are, then, the fruits of the law, and of the law alone. There are no rights without law—no rights contrary to the law—no rights anterior to the law. Before the existence of laws there may be reasons for wishing that there were laws—and doubtless such reasons cannot be wanting, and those of the strongest kind;—but a reason for wishing that we possessed a right, does not constitute a right. To confound the existence of a reason for wishing that we possessed a right, with the existence of the right itself, is to confound the existence of a want with the means of relieving it. It is the same as if one should say, everybody is subject to hunger, therefore everybody has something to eat.”

Jeremy Bentham (1748–1832) British philosopher, jurist, and social reformer

Pannomial Fragments (c. 1831), quoted in The Works of Jeremy Bentham, Vol. III (1838), p. 221

“Our Constitution is not merely a political document which provides the framework and institutions for democratic governance - our Parliament, the Executive and the Judiciary. It provides a framework for the economic and social emancipation of society and particularly, the poor, the underprivileged and the downtrodden. As Granville Austine has said, "the core of the commitment to the social revolution lies in Parts III and IV, in the Fundamental Rights and in the Directive Principles of State Policy. These are the conscience of the Constitution." It is of profound import that the Fundamental Rights are enforceable by Courts of Law. Article 32 of the Constitution guarantees the implementation of these Rights. This is a very crucial safeguard against excesses by executive authority and casts a very heavy responsibility on our Judiciary, a vital pillar of our democratic polity, to ensure that fundamental human freedoms are guaranteed.”

Shankar Dayal Sharma (1918–1999) Indian politician

Address By Dr. Shanker Dayal Sharma President Of India On The Occasion Of The 50th Anniversary Of The First Sitting Of The Constituent Assembly

“If no one can appeal to justice except to government, justice will be perverted in favor of the government, constitutions and supreme courts notwithstanding. Constitutions and supreme courts are state constitutions and agencies, and whatever limitations to state action they might contain or find is invariably decided by agents of the very institution under consideration. Predictably, the definition of property and protection will continually be altered and the range of jurisdiction expanded to the government’s advantage until, ultimately, the notion of universal and immutable human rights – and in particular property rights – will disappear and be replaced by that of law as government-made legislation and rights as government-given grants.”

Hans-Hermann Hoppe (1949) Austrian school economist and libertarian anarcho-capitalist philosopher

"Rothbardian Ethics" (20 May 2002) http://www.lewrockwell.com/hoppe/hoppe7.html

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