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The importance of the fourteenth amendment
The importance of the fourteenth amendment
An essay on the 14th amendment
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The Fourteenth Amendment and Equality Under the Law The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, ? All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside? citizenship was universalized. The Amendment was designed to prohibit state governments from curtailing the rights of former slaves after the Civil War, however it has been used to grant all of the personal liberties and rights conveyed in the Bill of Rights. The Amendment gives definition to citizenship, requires due process and equal protection under the law ands reduces representation in Congress for states that deny voting rights to its citizens. In the Dred Scott case, Chief Justice Taney ruled that United States citizenship belonged only to two classes of people; White people born in the United States as descendents of ?persons, who were at the time of the adoption of the Constitution recognized as citizens in the several States and [who] became also citizens of this new political body, and those who were ?born outside the dominions of the united states: but had migrated there and had become naturalized citizens. Prior to the Constitution, each state regulated citizenship. With the adaptation of the document, Congress had the authority to establish a uniform rule for naturalization, but not citizenship ? that was still left up to the state. In order to become a citizen of the United States, one had to first become a citizen of one of the States. Any Negro was ineligible to attain cit... ... middle of paper ... ...regnancy, the Supreme Court decided that within the Fourteenth Amendment existed a fundamental right to privacy as the amendment guarantees liberty. Embedded in the Fourteenth Amendment?s right to privacy is the right to homosexuality and homosexual behavior. The Fourteenth Amendment is what distinguishes the United States from any other democracy in the world. The Amendment truly is the charter of universal freedom because it guarantees that any person, black, white, Asian, female, or homosexual will have the same Constitutional guarantees as the next person. It deems that we are all equal under the law, meaning we are all equal under the Constitution and should govern ourselves accordingly. We are warranted the same rights, protection, privacy and due process under the law as any other American citizen regardless of race, age, religion or sexual orientation.
The 14th Amendment was made in 1868 to allow every person who was born in America or who had become an American citizen to have the same rights as any other citizen. Additionally, they were also a citizen of whatever state they lived in. No state in America was allowed to make laws that limit US citizens’ rights and protection, execute people, imprison people or take their property away without a legal process.
The American Civil War had a very profound effect upon the American Constitution and upon American constitutionalism generally. The Civil war had indeed been fought over a question of states’ rights, among other things, and the states’ rights interpretation had actually lost and was, to a degree, a casualty of the wartime period. Further, that casualty was swiftly hammered into its coffin by three amendments which were enacted in 1865, 1868 and 1870 – the Thirteenth, Fourteenth and Fifteenth Amendments. The Fourteenth Amendment ultimately became the heart and soul of the modern American Constitution. Most of the legal battle’s surrounding the United States Bill of Rights have been to make it a truly national document – such that states may not violate its provisions. The Fourteenth Amendment finally made this possible.
Now the question is how has it affected our present day lives. Over time, the fourteenth amendment has been used to cover almost all of the Bill of Rights. These rights are the standard for all US citizens and are protected by the Federal government. Selective Incorporation is thought to cover the first through eighth amendments, with the ninth and tenth being exclusively guaranteed by the Federal government. A present day example of this debate is that of the 2nd amendment. The right to bear arms is a critical issue when thinking of Selective incorporation.
This amendment was created during the reconstruction phase attempting to reunite this country after the brutal battles of the Civil War. Henretta and Brody emphasize how the Republicans were progressing in a direction to sanctify the civil rights of the black community. These authors contend the vital organ of the document was the wording in the first section. It said “all persons born or naturalized in the United States were citizens.” No state could abridge “the privileges or immunities of citizens of the United States”; deprive “any person of life, liberty, or property, without due process of law”; or deny anyone “the equal protection of the laws.”2 Imagine the problems that could arise in the country if repeal were to come to a realization. Henretta and Brody point out how the wording in section 1 of the document was written in a way that could be construed as inexplicit. The reason for this was for the judicial system and Congress could set an example for balance in due process here in the
The Naturalization Act of 1790 was the first piece of United States federal legislation regarding immigration and it provided a national and uniformed rule for the process of naturalization. Under provisions of Article I, Section 8, of the Constitution, it granted citizenship to “all free white persons” after two years residence and provided that the children of citizens born outside the borders of the United States would be “considered as natural born citizens” (Naturalization Acts, United States, 1790-1795). This was an important piece of legislation that encouraged immigration necessary for the continued growth and prosperity of the republic. The individuals that it was intended to attract and protect were European whites, specifically men who would bring skills and participate in the emerging manufacturing and mining labor
The Fourteenth Amendment of the United States Constitution affects us today by granting citizenship, civil rights, and congressional representation.
In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public attention and quite a large number of briefs were filed in the cases.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
... liberties so inflicting upon one and another from person to person seems like a useless loop. The government is supposed to provide for the people, and the Fourteenth Amendment is so universal that, even when written in 1860s, it has served as a cornerstone for some of the most significant cases in United States History.
Citizens of any country are given some rights as well as responsibilities, and the United States of America is no exception. The Constitution (US Const) of the USA as well as the first ten amendments, also known as “Bill of Rights”, defines the framework of it. It is a supreme law that defines how Federal Government works.
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
Democracy stresses the equality of all individuals and insists that all men are created equal. Democracy does not persist on an equality of condition for all people or argue that all persons have a right to an equal share of worldly goods. Rather, its concept of equality insists that all are entitled to equality of opportunity and equality before the law. The democratic concept of equality holds that no person should be held back for any such arbitrary reasons as those based on race, color, religion, or gender. This concept of equality holds that each person must be free to develop himself or herself as fully as he or she can or cares to and that each person should be treated as the equal of all other persons by the law. We have come a great distance toward reaching the goal of equality for all in this country, but however close we are we are still at a considerable distance from a genuine universally recognized and respected equality for all. I will go into more details giving more information and making it clear to understand equality and civil rights for all and it affects everyone.
On March 26th in 1790 the congress enacted the Naturalization Act in the U.S.. Eight years later on June 18th President John Adams signed the Act into power in the U.S.. This Act was the first of four laws known as the Alien and Sedition Acts. The law was when immigrants moved into the U.S. they would have to live in one place for 14 years to have a chance to become a citizen. After their 14 years they would also have to add an additional 9 years in America. Also this law was to protect the nation from the enemy that wanted to weaken the inexperienced U.S. government. However the Democratic- Republicans did not agree and attacked the law as unconstitutional. It allowed immigrants that were not part of a nation that the U.S. was at war with at the time of application to become citizens. This of course left out indentured servants, slaves, and most women from being able to become citizens. This event is important to America because it is the first part of the sequence of laws that allows us to either be citizens of the USA or not to be citizens.
Furthermore, the word "equal" in section 1 of the 14th amendment implies that everyone should have the right to get married no matter what his or her sexual preference. Marriage is the legal and public documentation of the love and trust two people share for each other. This means that anyone should be able to marry whomever he or she wishes.
In September 25, 1789, the First Amendment protects people’s privacy of beliefs without government intrusion. The Fourth Amendment protects one’s person and possessions from unreasonable searches and seizures. On February 1, 1886 in Boyd v. U.S. Supreme Court recognized the protection of privacy interests under the Fourth and Fifth Amendments of the U.S. Constitution. In the 1890s, the legal concept of pr...