Equality under the law

Equality under the law seems to be something that our country is constantly struggling for. It is hard for me to comprehend how an organization of men could write something like Majority rule with the protection of minority rights into our constitution, and then also add the 3/5 clause to the same document. Thankfully we have moved past the times of the 3/5 clause but it has been a long road, and our country still openly discriminates against an entire minority of people. It is this discrimination that lead me to disagree with Hayeks statement that, "a law may be perfectly general in referring only to to formal characteristics of the persons involved and yet make different provisions for different classes of people' (209).

Perhaps I live in a fantasy land where because I would like to imagine that classes don't exist, at least in the eyes of the law.I know the exist in human interaction amongst people, it is inescapable their, we are not communist we are individuals, but this individualism leads to one person always having a fancier car or bigger house than another, this is not a bad thing, this is just how it is. But while classes exist in society through human interaction must it also be recognized in law? In my opinion it is not the laws job to dictate what provisions each class might receive, "spontaneous social order" will take care of that on its own.

My dissent in recognizing classes under the rule of law guides me to the problem of taxation. As much as I would like to say that the rich should be taxed more because they have more, and the poor should be taxed less because they have less, this would be recognizing classes under the law, so as much as it pains me to say this as far as taxation is concerned perhaps a flat tax would be the best way to promote equality under the law. I make x amount of $ and you make x amount of $ but we both pay y% on our x, we both are contribute equal proportions of our lively hood to the governing of our state. Perhaps I am being ignorant in the bury your head in the sand, hide from a problem and it won't be there sort of way... but it's just thought,its not law. (Thank God).