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9 - Debating American Scripture

from Part IV - Liberty and Equality

Published online by Cambridge University Press:  aN Invalid Date NaN

Carlton F. W. Larson
Affiliation:
University of California, Davis
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Summary

The references to liberty and equality in the Declaration have been contested from the very beginning. Although some have argued that they had no application to slavery, many people in the late eighteenth century perceived them as clearly inconsistent with slavery. These references have triggered equally conflicting responses from courts, where judges have relied on them to abolish minimum wage laws and to strike down regulations of businesses. Other judges have invoked these references in support of more equal legislative chambers and same-sex marriage. Supporters of every conceivable position have relied on this part of the Declaration. These references have become in effect a national Rorhschach test – one sees in them what one is already inclined to see. Given this contested history, courts invoking this language should do so with caution.

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