The Fourteenth Amendment Essay

The Fourteenth Amendment Essay

Length: 730 words (2.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

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.
For some background, this case escalated to the Supreme Court since several groups of same-sex couples from different states, sued state agencies when their marriage was refused to be recognized. As it escalated through appeals, the plaintiffs argued that the states were violating the Equal Protection clause and the Due Process Clause of the Fourteenth Amendment. Equal Protection, according to the Constitution refers to the fact that, “any State [shall not] deprive any person of life, liberty, or property, without due process of law…” (23). The opposition of this case was that, 1) The Constitution does not address same-sex marriage as a policy, and 2) The sovereignty of states regarding the decision. Ultimately, and according to the Oyez project, the Court held that “[the Amendment] guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples,” and therefore, same-sex marriage is a fundamental liberty.
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...


... middle of paper ...


... 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.
Overall, the ruling in this case was a perfect interpretation of the Constitution. Despite opposition claiming that it is not addressed in the Constitution, too few rights are ever addressed in the Constitution of the United States. That is why there is a thing called Judicial Review. By utilizing judicial review, the interpreters of the law –Supreme Court, may make changes to policies and laws. Abortion, medicinal marijuana, and marriage fall under the umbrella of Equal Protection since they correspond to the rights and liberties of US citizens.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Amendment Of The Fourteenth Amendment Essay

- Keep the 22nd Amendment I agree with the statement, “The 22nd Amendment to the U.S. Constitution, limiting the American president to elected terms in office, has been successful and should be retained. This amendment has facilitated rotation in office and new ideas, both crucial to an effective democracy.”. The statement is an agreeable because it does not deprive citizens of their right to elect, it opens the candidate pool, problems have not arisen, and stops the country from being a monarchy....   [tags: President of the United States]

Better Essays
868 words (2.5 pages)

The Amendment Of The Fourteenth Amendment Essay

-                The 15th Amendment was an law added to the United States Constitution in 1870 that gave citizens the right to vote no matter their race, skin color, or previous conditions of servitude. This specifically applied to African American males who, though technically were citizens under the 14th amendment, were still being oppressed and restricted from voting. According to Angela Davis in her text, while some feminist activists in the 19th century supported this amendment, others were adamantly opposed to it....   [tags: Black people, African American, American Civil War]

Better Essays
957 words (2.7 pages)

The Amendment Of The Fourteenth Amendment Essay

- The 14th amendment speaks formally to many aspects which deal with the citizenship and also the citizen rights. The 14th amendment consist of different section which under up to five. It also consist of important concepts which deals with the action of the state which is most famously, the immunities and the privileges, the protection which is equal and the due process, all this are contained in the first section. The section two involves the apportionment which are used to representatives for the congress2....   [tags: United States Constitution]

Better Essays
1039 words (3 pages)

The Fourteenth Amendment Act Of The United States Essay

- The fourteenth amendment protects anyone who lives in the United States for his or her own unalienable rights. Disregarding this amendment also disregards the first amendment, which, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” This case is significant due to the fact “Does the First Amendment bar a state from restricting the sale of violent video games to minors?” “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens o...   [tags: First Amendment to the United States Constitution]

Better Essays
2637 words (7.5 pages)

The Fourteenth Amendment Essay

- 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....   [tags: United States Constitution]

Better Essays
730 words (2.1 pages)

Essay about The Fourteenth Amendment Of The United States

- The Thirteenth Amendment of the Constitution of the United States was the first amendment added to the Constitution immediately after the Civil War. The Thirteenth Amendment officially outlawed slavery. The Thirteenth Amendment was adopted December 18, 1865 which says, “Section 1: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2: Congress shall have power to enforce this article by appropriate legislation.” This amendment is the most important amendment of the Reconstruction Amendments....   [tags: United States Constitution, American Civil War]

Better Essays
822 words (2.3 pages)

Due Process Of The Fourteenth Amendment Essay

- Due Process is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that that a law shall not be unreasonable, arbitrary, or capricious (The Free Dictionary). Due process of law is found in both the Fifth and Fourteenth Amendments. The Due Process Clause of the Fifth Amendment, which was ratified in 1791, applies to the federal government and the Due Process Clause of the Fourteenth Amendment was ratified in 1868 and applies to state government....   [tags: Supreme Court of the United States]

Better Essays
1320 words (3.8 pages)

Essay on The Fourteenth Amendment and Equality Under the Law

- 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....   [tags: Papers 14th Amendment History Essays ]

Better Essays
776 words (2.2 pages)

The Fourteenth Amendment Essay

- On a date that will be remembered forever as a step forward for our nation, July 28, 1868, the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people. It was conceived to be the foundation for restoring America to its great status and prosperity. The Amendment allowed “equal protection under the law”, no matter what race, religion, sex, sexual preference or social status. It was designed to protect the newly freed slaves....   [tags: Racism Equality Constitution Essays]

Better Essays
762 words (2.2 pages)

Fourteenth Amendment to the US Constitution Essay

- 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 h...   [tags: Political Science]

Free Essays
1434 words (4.1 pages)