k must grant certain rights to individuals; and
every state, in so far as it is efficient, must guarantee to the
individual that his rights, as legally defined, are secure. But an
essentially democratic state consists in the circumstance that all
citizens enjoy these rights equally. If any citizen or any group of
citizens enjoys by virtue of the law any advantage over their
fellow-citizens, then the most sacred principle of democracy is
violated. On the other hand, a community in which no man or no group of
men are granted by law any advantage over their fellow-citizens is the
type of the perfect and fruitful democratic state. Society is organized
politically for the benefit of all the people. Such an organization may
permit radical differences among individuals in the opportunities and
possessions they actually enjoy; but no man would be able to impute his
own success or failure to the legal framework of society. Every citizen
would be getting a "Square Deal."

Such is the idea of the democratic state, which the majority of good
Americans believe to be entirely satisfactory. It should endure
indefinitely, because it seeks to satisfy every interest essential to
associated life. The interest of the individual is protected, because of
the liberties he securely enjoys. The general social interest is equally
well protected, because the liberties enjoyed by one or by a few are
enjoyed by all. Thus the individual and the social interests are
automatically harmonized. The virile democrat in pursuing his own
interest "under the law" is contributing effectively to the interest of
society, while the social interest consists precisely in the promotion
of these individual interests, in so far as they can be equally
exercised. The divergent demands of the individual and the social
interest can be reconciled by grafting the principle of equality on the
thrifty tree of individual rights, and the ripe fruit thereof can be
gathered merely by shaking the tree.

It must be immediately admitted, also, that the principle of equal
rights, like the principle of ultimate popular political responsibility
is the expression of an essential aspect of democracy. There is no room
for permanent legal privileges in a democratic state. Such privileges
may be and frequently are defended on many excellent grounds. They may
unquestionably contribute for a time to social and economic efficiency
and to individual independence. But whatever advantage may be