Wednesday, June 4, 2008

EQUAL JUSTICE UNDER LAW

Right now I'm reading "The Simple Truth" by David Baldacci.
Chapter Two begins with this intriguing paragraph:

The steps leading up to the United States Supreme Court building were wide and seemingly endless. Trudging up them was akin to laboring toward Mount Olympus to request an audience of Zeus, which in a real sense you were. Engraved in the facade above the main doorway were the words EQUAL JUSTICE UNDER LAW. The phrase came from no significant document or court ruling but from Cass Gilbert, the architect who had designed and built the courthouse. It was a matter of spacing: The words fit perfectly into the area designated by Gilbert for a memorable legal phrase.

Who knew! I decided to check it out.

This is what our friends at Wikipedia have to say:

Equal Justice Under Law is a phrase engraved on the front of the United States Supreme Court building in Washington D.C. This phrase was apparently first written in 1932 by the architectural firm that designed the building. Chief Justice Charles Evans Hughes subsequently approved this inscription, as did the United States Supreme Court Building Commission which Hughes chaired.[1] The architectural firm that authored the phrase was headed by Cass Gilbert.[2]

The words "Equal Justice Under Law" apparently paraphrase an earlier expression coined by Chief Justice Melville Fuller.[3] In the case of Caldwell v. Texas in 1891, Fuller wrote about the Fourteenth Amendment as follows:

By the Fourteenth Amendment the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or classes of persons of equal and impartial justice under the law.[4]

Neither this entire sentence, nor even the last seven words, would have fit on a pediment or architrave of the U.S. Supreme Court building, which explains why the architects would have wanted to shorten them. In the years since Fuller wrote these words, the Supreme Court has decided that the Fourteenth Amendment, and especially its Due Process Clause, do limit the powers of the states in dealing with crime.

1 comment:

mamao4 said...

wow. that is really interesting. i saw the book and went for the new nora roberts trilogy instead. i need light hearted. lemme know how the book is!