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Felix Frankfurter

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It is a wise man who said that there is no greater inequality than the equal treatment of unequals.
--
Concurring, Dennis v. United States, 339 U.S. 162, 184 (1950).

 
Felix Frankfurter

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To rest the case for equal treatment of national or racial minorities on the assumption that they do not differ from other men is implicitly to admit that factual inequality would justify unequal treatment, and the proof that some differences do, in fact, exist would not be long in forthcoming. It is of the essence of the demand for equality before the law that people should be treated alike in spite of the fact that they are different.

 
Friedrich Hayek
 

The Procrustean bed is not a symbol of equality. It is no less inequality to have equality among unequals.

 
Felix Frankfurter
 

I am conscious that an equal division of property is impracticable. But the consequences of this enormous inequality producing so much misery to the bulk of mankind, legislators cannot invent too many devices for subdividing property..[a] means of silently lessening the inequality of property is to exempt all from taxation below a certain point, and to tax the higher portions of property in geometrical progression as they rise.

 
Thomas Jefferson
 

In a really equal democracy, every or any section would be represented, not disproportionately, but proportionately. ... Unless they are, there is not equal government, but a government of inequality and privilege: one part of the people rule over the rest: there is a part whose fair and equal share of influence in the representation is withheld from them, contrary to all just government, but, above all, contrary to the principle of democracy, which professes equality as its very root and foundation.

 
John Stuart Mill
 

Democracy makes Rumanian citizens out of millions of Jews by making them the Rumanians' equals. By giving them the same legal rights. Equality? What for? We have been here for thousands of years. Plow and weapon in hand. With our labors and blood. Why equality with those who have been here for only one hundred, ten, or even five years? Let's look at the past: We created this state. Let's look at the future: We Rumanians are fully responsible for Greater Rumania. They have nothing to do with it. What could be the responsibility of Jews, in the history books, for the disappearance of the Rumanian state? Thus: no equality in labor, sacrifice, and struggle for the creation of the state and no equal responsibility for its future. Equality? According to an old maxim: Equality is to treat unequally the unequal. What are the reasons for the Jews' demanding equal treatment, equal political rights with the Rumanians?

 
Corneliu Zelea Codreanu
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