The incorporation of the 14th Amendment in regards to Civil Liberties is one of the longest and most important constitutional debates of all time. Though the 14th Amendment was adopted in 1868, the Supreme Court rendered their first interpretation of its scope five years later. The Court supported the Privileges and Immunities Clause by a narrow 5-4 vote. This clause was later thought to be the regular basis of enforcing individual citizen’s rights and civil liberties. The development in understanding and the provision for protection of one such liberty, freedom of religion, has changed throughout the history of the United States. Evidence of this can be seen not only in the role government has played but also through several court cases.
In the early 20th century, the Supreme Court started to incorporate only some of the specific provisions of the Bill of Rights while at the same time, denying the incorporation of others. Civil liberties are considered protection against government actions. For example, the First Amendment of the Bill of Rights guarantees Americans the right to practice whatever religion they please. Government, then, cannot interfere in an individual's freedom of worship. The Federal Government was instrumental in expanding the protection of an individual’s rights regarding freedom of religion. Back to an earlier time when civilizations would follow their leaders, such as in the Dark Ages, the growth of personal freedoms was at first rather slow, if nonexistent. Throughout the Dark Ages this lack of progress was directly linked with the “solitary, nasty, brutish, and short” quality of life at that time –Thomas Hobbes (Woiceshyn). Once freedom became more desired by the population around the 19th cent...
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In conclusion, the incorporation of the 14th Amendment in regards to the development of understanding and the provision for protection of civil liberties like freedom of religion has changed throughout the history of the United States. The role government has played continues to grow, for better or worse, and may actually require the Courts to revise its interpretation from which laws are developed. Indeed, the separation of church and state has had its highs and lows. From the case involving the busing of children to parochial schools to another addressing the use of prayer in public schools and all the way to the President of the United States forming faith-based organizations to benefit citizens in need of aid, the government, and more importantly its citizens, will continue to closely monitor the progress and protection of their freedom of religion.
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.
“ It remains to be noted that none of the great constitutional rights of conscience, however vital to a free society is absolute in character. Thus, while the constitutional guarantee of freedom of religion goes a long way, it does not serve to protect acts judged to be morally licentious, such as poly amorous marriages. Children cannot be required to execute the flag salute which is forbidden by religious belief… Similarly freedom of speech, often defended by the courts, does not extend to the seditious utteran...
The Fourteenth Amendment What amendment to the United States constitution is considered to be illegally ratified? What amendment both grants the right to vote to men and then takes away that right to vote? If you answered the fourteenth amendment to both questions you would be right. Although most people think of the fourteenth amendment as being a "civil rights" amendment, it also defines citizenship, voting rights, and states congressional representatives and electors numbers. In this paper I will talk about how the passage of the fourteenth amendment was a relevant event in history, how it impacts our country today, how it is viewed as the civil rights amendment in our textbook, how it has both positive and negative elements to it,
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.
How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government.
As James Madison, the fourth President of the United States said, “The religion of every man must be left to the conviction and conscience of every man, and it is right of every man to exercise it as they may dictate” (Haynes, C...
The First Amendment of the Constitution of the United States establishes religious freedom, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Against the Constitutional background, Thomas Jefferson, a Founding Father, wrote a Bill for Establishing Religious Freedom. The Bill was passed in the Virginia General Assembly in 1777. However, Jefferson thought that it was not enough to have a Constitutional provision that debars Congress from establishing a religion for all; it was equally important to separate the Church from the state to allow Religious Freedom, so that each and every one will practice their religions freely without government restrictions. Thus, he opposed the interference of the state in religious practices. Secondly, Jefferson argued that if the state was allowed to interfere with the affairs of the church it will give the government the power to persecute those who oppose its policies. The man, whose ideas and ideals have been shaped by experience and practice,...
The Amendment I of the Bill of Rights is often called “the freedom of speech.” It provides a multitude of freedoms: of religion, of speech, of the press, to peacefully assemble, to petition the government. Religious freedom is vitally important to this day because it eliminates the problem of religious conflicts. Historically, many people died for their beliefs because their government only allowed and permitted one religion. T...
Chapter fourteen of our text book covers the 3rd, 7th, 9th, 10th, 11th, 13th, and 14th amendments which cover different rights of the government and the people. In this paper, I will be summarizing these amendments and how they are important to us.
To open this discussion, I would like to start with the civil liberty of freedom of religion. This liberty was identified in my original Constitution essay through the mentioning of the separation of church and state clause. The reason for my including of this liberty, and my stressing of its importance, is that I feel that the government interprets this liberty in a one sided fashion because of the incorrect interpretation of the already in place separation of church and state clause. I also include it because I believe that recently the attacks upon religion have metastasized and tha...
Throughout American history, our civil liberties as American citizens have evolved immensely. For example, the first ten amendments in the U.S. Constitution are referred to as the “The Bill of Rights,” which contains some of the most cherished civil liberties, such as freedom of speech and religion. These civil liberties however, did not originally apply to state governments or institutions the state established. The Bill of Rights focused solely on what the national government could not do, allowing state governments to do whatever they wanted. For example, Massachusetts, Connecticut, and New Hampshire supported Congregationalist ministers with tax payer dollars for decades. After the Civil War, civil liberties expanded, because three new amendments were added: the Thirteenth, abolishing slavery, the Fourteenth, which redefined civil liberties and rights, and the Fifteenth, which allowed adult, male citizens to vote. The due process clause (contained in the Fourteenth Amendment) became one of the most important civil liberties, because it applied the language of the Fifth Amendment to state governments, proclaiming that they could not “deprive any person of life, liberty, or property, without due process of law....
Wood, James E, Jr. "Religious Human Rights and a Democratic State." Journal of Church and State 4(2004):739. eLibrary. Web. 31 Aug. 2011.
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.
Our founding fathers wrote the Constitution and the Bill of Rights to protect our most basic rights as citizens of the United States, and although creating the Constitution was an arduous effort, eventually the new Americans came to an agreement over what was included. “The Bill of Rights — the first 10 amendments to the Constitution — went into effect on Dec. 15, 1791, when the state of Virginia ratified it, giving the bill the majority of ratifying states required to protect citizens from the power of the federal government.” (First Amendment Center). After the first amendment went into effect, all religious minorities were now protected from persecution, and people could freely speak their
Initially, I will give a brief definition of “religious belief” and “religious discrimination” and write afterwards about prohibitions regarding religious discrimination, reasonably accommodation of religious beliefs and practices, undue hardship, and about the question “Who is subject to the provisions under Title VII?”.