SCOTUSblog’s latest installment in its introductory series turns to the “born free and equal” clauses as a lens for understanding Buck v. Bell. The piece is the fifth of seven articles exploring how those clauses matter for constitutional law and the Supreme Court.
The clauses appeared both in the Declaration of Independence and in six of the 12 state constitutions in place when the federal Bill of Rights was adopted. The article treats that history as meaningful context for assessing Buck v. Bell, which it describes as “noxious.”
Because there is only one source, there are no competing accounts to compare; the analysis reflects SCOTUSblog’s framing. The article positions the “born free and equal” language as a potentially powerful tool for evaluating constitutional precedents that sit uneasily with principles of equality.