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A most important aspect of the Pilgrims' contribution to our political institutions is the provision for just and equal laws contained in the Mayflower Compact, for, as I have already suggested, in that provision is embodied the essence of our whole constitutional system. It has become a truism that the characteristic of the American system of constitutional government is equality before the law. We Americans accept this doctrine as of course. But we should appreciate that civil equality or equality before the law was practically unknown in Europe when the Mayflower Compact was written. In this country its development sprang in great measure gradually from the seed first sown by the Pilgrims. Neither the phrase "equality before the law," so familiar to us as expressing a fundamental and self-evident truth, nor the term "the equal protection of the laws," now contained in the fourteenth amendment, is to be found in the English common law. Nor was either term, or any equivalent, in legal use in America at the time of the adoption of the Constitution of the United States. Indeed, the phrase "equality before the law" is said to be a modern translation from the French. Nevertheless, equality in duty, in right, in burden and in protection is the thought which has run through all our constitutional enactments from the beginning.

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