Equal Protection
Equal protection of laws is right of individual, not merely of group of individuals, or of body of persons according to their number. Mitchell v United States 313 U.S. 80, 97 (1941)
The fourteenth amendment, in declaring that no state 'shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws,' undoubtedly intended not only that there should be no arbitrary deprivation of life or liberty, or arbitrary spoliation of property, but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights; that all persons should be equally entitled to pursue their happiness, and acquire and enjoy property; that they should have like access to the courts of the country for the protection of their persons and property. Barbier v. Connolly, 113 U.S. 27, 31 (1884)
It…..tends to secure equality of law in the sense that it makes a required minimum of protection for every one's right of life, liberty, and property, which the Congress or the Legislature may not withhold. Truax v. Corrigan , 257 U.S. 312, 332 (1921)
Our whole system of law is predicated on the general fundamental principle of equality of application of the law. 'All men are equal before the law,' 'This is a government of laws and not of men,' 'No man is above the law,' are all maxims showing the spirit in which Legislatures, executives and courts are expected to make, execute and apply laws. Truax v. Corrigan , 257 U.S. 312, 332 (1921)
[83 U.S. 36, 127] and 'equal protection of the laws' is guaranteed to all. [83 U.S. 36, 127] "The equal protection of the laws" places all upon a footing of legal equality and gives the same protection to all for the preservation of life, liberty, and property, and the pursuit of happiness.
Police Power The equal-protection clause of the 14th Amendment does not take from the state the power to classify in the adoption of police laws, ….and avoids what is done only when it is without any reasonable basis, and therefore is purely arbitrary. A classification having some reasonable basis does not offend against that clause Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 78 (1911);
The Federal courts should not interfere unless there is some abuse of law amounting to confiscation of property or a deprivation of personal rights, Hibben v Smith 191 U.S. 310, 325-326 (1903).
517 U.S. 620 Scalia dissenting in II After all, there can hardly be more palpable discrimination against a class than making the conduct that defines the class criminal."
[83 U.S. 36, 126] The privileges and immunities' of a citizen of the United States include, among other things, the fundamental rights of life, liberty, and property,