The importance of the Fourteenth Amendment to the United States Constitution is such that some have called it the amendment that “completed the Constitution.” When it was ratified on July 9th, 1868, the amendment became one of legislative cornerstones of the Reconstruction Era, a time in which the Radical Republicans, led by John A. Bingham and Thaddeus Stevens, promulgated a legislative program focused on providing racial equality before the law. Among the laws passed in the Reconstruction Era, the Fourteenth Amendment was one of the most controversial, with one Republican congressman, Representative A.J. Rogers of New Jersey saying that it was, “…but another attempt to…consolidate in the Federal Government, by the action of Congress, all the powers claimed by the Czar of Russia, or the Emperor of the French.” The Fourteenth Amendment did indeed constitute the largest expansion of federal power since the ratification of the Constitution. The amendment was not born in a vacuum; the reason for this expansion of power, and for the amendment as a whole, is found in the broader context of the mid nineteenth-century South and the pervasive oppression of the free black population residing there. In considering the nature of Southern race relations, both before and after the Civil War, the framers of the Fourteenth Amendment came to believe that nothing short of a radical expansion of the powers of the federal government over the states would enable them to “promote the general welfare” of, and “secure the Blessings of Liberty” to the African-American population of the United States. In order to properly understand the original intent of the framers of the Fourteenth Amendment, it is necessary to understand its historical contex... ... middle of paper ... ...tution.org/ussc/032-243a.htm. This website was my source for the text of the Barron v. Baltimore opinion, a case which John Bingham took into account when crafting the Fourteenth Amendment. Tenbroek, Jacobus. The Antislavery Origins of the Fourteenth Amendment. Los Angeles: University of California Press, 1951. This source contains a detailed overview of the legislative history of the Fourteenth Amendment. It also discusses the extent of the powers that the framers of the Amendment intended to create. Zuckert, Michael, P. "Completing the Constitution: The Fourteenth Amendment and Constitutional Rights." Publius 22, no. 2 (1992): 69-91. This source provides an analysis of the Fourteenth Amendment as the culmination of the efforts of the Radical Republican caucus. It puts the Amendment in the context of the Thirteenth, as well as the Civil Rights Act of 1866.
Since its ratification in December of 1791, the Second Amendment has created a major controversy as Americans have been arguing over the meaning and interpretation of the amendment. Due to the controversy, “angry polarization and distortion, rather
...dom and right to vote established by the 13th, 14th, and 15th amendments, blacks were still oppressed by strong black codes and Jim Crow laws. The federal government created strong legislation for blacks to be helped and educated, but it was ineffective due to strong opposition. Although blacks cried out to agencies, such as the Freemen's Bureau, declaring that they were "in a more unpleasant condition than our former" (Document E), their cries were often overshadowed by violence.
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
According to the Tenth Amendment in the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Though last in the Bill of Rights, it is one of the most powerful and ever changing in interpretation over the course of America’s history. Some historical events that altered its meaning include the Civil War, The Civil Right’s Movement, and even modern event’s like the Supreme Court ruling on gay marriage. In this paper I will discuss how the Tenth amendment has a large effect in both America’s history, but also how it is now portrayed America’s present.
The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The Antifederalists were extremely concerned that the national government would trample their rights. Rhode Island and North Carolina refused to ratify until the framers added the Bill of Rights. These first ten amendments outlined things that the government could not do to its people. They are as such:
People have been debating the meaning of the Second Amendment since its ratification on December 15, 1791. One side feels that the Second Amendment was added to the Constitution to protect collective rights as seen in ”United States v. Miller,” while the opposing side feels that it was meant to protect individual
The final clause of the first section of the fourteenth amendment explains, "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." 2 The 1976 ruling of Gregg v....
The Bill of Rights or the first 10 amendments to the Constitution was proposed to Congress in 1789 by James Madison in response to the Anti- Federalist movement that lobbied for an extended amount of rights that would further safeguard liberty. The 4th amendment in particular was drafted to acknowledge the abuse of the writ of assistance, a “search warrant” issued by the British government to search boats that were thought to contain smuggled material in Colonial America. The 4th amendment can be broken down into 3 parts: what activities are considered to be a “search” or a “seizure”; what is a probable cause for a “search” and “seizure” and finally, how violations should be dealt with. The evolution of the 4th amendment is long and tumultuous, starting from what it meant at time of drafting, to the controversy over different interpretations in modern times. Through all the controversies and the debate over the meaning of the 4th amendment, the essence is always the same: to protect man’s liberty.
As a result of the failure of Johnson's Reconstruction, Congress proposed its own plan. The 14th amendment was one of the many things implemented under this plan. Among other things, this amendment forbade ex-Confederate leaders from holding political office, and gave freedmen their citizenship. The Southern rejection of this amendment, largely as a result of the actions of their former Confederate leaders then in state office, paved the way for the Reconstruction Act of 1867. This dismantled all Southern governments and established military control over the South. It guaranteed freedmen the right to vote under new state constitutions, and required the Southern states to ratify the 14th amendment. With the inclusion of African-American votes in southern elections, and with the help of Northerners known as "Carpet Baggers" and other white Southerners known as "Scalawags," the Republican Party gained almost complete control over the American South.
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
The 13th, 14th, and the 15th amendment was supposed to assure equal rights for African Americans, but even then there was segregation, Jim Crow laws, and the mindset that African Americans were inferior. One of the most notorious events prior to the Civil Rights Movement is the Plessy vs. Ferguson case of 1896 which declared “Separate but equal”, meaning blacks and whites would be
Aside from the presidential reconstruction, the Congressional Reconstruction was also taking place. The Congressman disagreed with both Lincoln and Johnson’s plans for Reconstruction. Their main two goals was to integrate African Americans into society by granting them citizenship and the right to vote, and the second goal was to destroy the political powers that former slaveholders had in the South. They first implemented these ideas by passing the Civil Rights Act of 1866. The Civil Rights Act of 1866 gave African Americans citizenship and forbade states from passing discriminatory laws. Although the black codes came about and Andrew Johnson vetoed the bill, Congress had the power to override his veto. This shows that even though the President is the leader of the nation, the Constitution guarantees that Congress has some measure of influence over the President and may chose to block his procedures, Check and Balances. With success, Congress passed the Fourteenth Amendment, which states that all persons born or naturalized in the United States are citizens of the country. All citizens were entitled to equal protection under law and be given their rights. The Congress agreed that if the Confederate states ratified the Fourteenth Amendment they could come back into the Union. Having not followed the Congress request, Congressed passed the Reconstruction Act of 1867. This forced the Confederate states to undergo Reconstruction as the Congress wanted. To ensure that Southerners could not change their state constitution in the future, they passed the Fifteenth Amendment and the last congressional Reconstruction law, another Civil Rights
An event that I saw that was fitting to the Fourteenth Amendment was the elimination of black voting. Between the years of 1890 to 1906, the southern states enacted on laws and or the constitutional requirements that were meant to go and eliminate the blacks of any right to vote. During this time the Fifteenth Amendment was given so that no one should be denied the right to vote by the United States or any State on the description of their race, color, or previous circumstance of their servitude. Since Southerners didn’t like these laws and didn’t want to follow them so these Southerner’s were trying to find a way to end black voting. So what they went ahead and did was create what is known as the poll tax. What is the poll tax? You might be wondering. The poll tax is a tax that must be paid in order to be eligible to vote. Why the poll tax was created for was to make it so that people had to pay in order to vote which was disenfranchising to black citizens since this event took place after the Reconstruction. This meant that blacks wouldn’t be able to vote since they couldn’t afford the ballot to vote. With the poll tax being put into place what came along with it was a literacy test and a requirement that...
During the 1820’s - 1830’s America went through some would call a political revolution when government issues were diverted from being only for the elite to now they would include the common man as well. This change of power brought a lot of power to the people contributing to the Jacksonian democratic belief of guarding the Constitution. Yet, many of the people under Jackson still saw no change in their liberties, as they did not meet the Jacksonians target audience of white males. Despite expanding the political conversation, Jacksonian Democrats used the Constitution to limit individual liberty and political democracy by only protecting the rights of only a select few of people and seeking to fulfill their goal of obtaining their own gain and maintenance of the then status quo lifestyle therefore not truly guarding the Constitution.
Tragically, however, very few of these goals were achieved. It seems as if every time the African Americans manage to move one step closer to reaching true equality among the Southern whites, whether it be in a social, political, or economic fashion, the whites always react by committing violent acts against them. Initially, the Southern whites (in fear of black supremacy in Southern politics) fought to preserve the white supremacy Southern politics had always functioned by. This “ushered most African Americans to the margins of the southern political world” (Brinkley, 369). Secondly, African Americans struggled to survive once they were set free; they had nowhere to live and nothing to eat. Because of such reasons, most former slaves decided to remain living on their plantations as tenants, paying their tenancy by working the crop fields. Sadly, even this failed for the African Americans due to the birth of the crop-lien system. Lastly, the Southern whites counteracted the effects of the fourteenth and fifteenth amendments by establishing the Jim Crow laws, which aided them with upholding, if not increasing, the steady level of segregation in the South. Ultimately, out of the very few accomplishments made by the African American population during and following the Era of Reconstruction, there existed one achievement significant enough to change the course of American history: the fourteenth and fifteenth amendments. As a result of these amendments, “would one day serve as the basis for a “Second Reconstruction” that would renew the drive to bring freedom to all Americans” (Brinkley,