ABSTRACT

The destinies of the two races are indissolubly linked together, and the interests of both require that the common government of all shall not permit the seeds of race hate to be planted under the sanction of law. Modernity has yielded a richly diverse understanding of equality. A careful examination of Justice Brown's argument may enable the bureaucrats to discover something about their own understanding of equality. Brown makes a distinction between social and political equality and contends that the Fourteenth Amendment was intended to protect the latter but not the former. Nineteenth–century liberals argued for equality in terms of equal rights and equal immunities from state intervention. Fritz von Morstein–Marx denounced this bourgeois equality as a fraudulent ideology intended to justify the advantages of the powerful: true equality will come about only with the advent of the classless society.