This Article examines the argument that the equal protection clause of the fourteenth amendment was intended to prevent discrimination against certain groups, and contends that this argument is based upon an incorrect reading of the historical evidence. The author outlines the difficulties in classification based theories of the drafter's intent and identifies the historical bases on the concept of the right to protection. The author argues that the primary function of the equal protection clause was to guarantee the right to "protection of the laws" to all persons rather than to outlaw discrimination generally against a specific class or classes.
Earl A. Maltz,
The Concept of Equal Protection of the Laws-A Historical Inquiry,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol22/iss2/9