The phrase “Born Free and Equal,” adopted from the Declaration of Independence, serves as a guiding principle for a new column by Professor Stephen Calabresi, as he illustrates in his inaugural article for SCOTUSblog. As we mark the Declaration’s 250th anniversary, its core ideal, stating that “all men are created equal,” continues to resonate through American constitutional history and jurisprudence.
This foundational notion of equality and freedom has been echoed in various other historical documents, such as the Massachusetts Constitution of 1780 and the Pennsylvania Constitution of 1776. Six states enshrined similar clauses of equality in their declarations of rights by 1791.
The creed of being “born free and equal” influenced pivotal cases and speeches, notably Abraham Lincoln’s Gettysburg Address in 1863, which underscored the inclusion of Black Americans in this belief. This idea was further advanced by the Universal Declaration of Human Rights in 1948, a document connected to Eleanor Roosevelt at the United Nations.
The article also addresses the period when the creed was largely ignored, from the rise of Social Darwinism and eugenics led by figures like Theodore Roosevelt and Justice Oliver Wendell Holmes. The infamous 1927 Supreme Court decision in Buck v. Bell upheld compulsory sterilization laws based on these ideas, reflecting the challenges the creed faced.
Professor Calabresi warns against judicial overreach, opposing landmark decisions like Lochner v. New York and Roe v. Wade that introduced rights lacking strong historical roots. He contrasts these with Justice Stephen Field’s dissent in The Slaughter-House Cases, which called for invalidation of monopolistic practices.
This column will delve into the intersections between this creed and constitutional law, examining when the Supreme Court has adhered to or strayed from these principles.
For further insights, Professor Calabresi’s full discussion can be read on SCOTUSblog.