Introduction The 14th Amendment to the Constitution of United States addressed the issues related to citizenship of the country and their fundamental rights for equality. This amendment is regarded as one of the most significant clauses in the US constitution since it provides the definition for citizenship, deals with the rights of the US citizens, and defines the state’s obligations to protect the rights of its citizens. This amendment was passed in the year 1866 by the Congress following the Civil War. The primary goal of this amendment was to provide equal civil and legal rights to all US citizens, including the African Americans. The citizenship clause in this amendment attracted lot of attention and debates owing to its far-reaching impacts on the citizenship status of various communities and immigrants who are staying in the country. This amendment was an important part of the reconstruction program (NALEO, 1). Impacts on the constitution The 14th Amendment had far-reaching consequences on the American constitution and there were several aspects that were deeply influenced by the tenets of this Amendment. One of these was the shift of focus from federal courts to state courts. The federal nature of the US government shifted its focus to the role and significance of states in protecting the rights of its citizens and safeguarding the laws for effective implementation of equal disposition of legal rights to all citizens. Prior to the 14th Amendment the Bill of Rights held the federal courts responsible for safeguarding laws at both federal and state level. With the passing of the 14th Amendment, the state courts were made responsible for ensuring that all citizens received equal rights (NALEO, 2). The key clauses of the ... ... middle of paper ... ...yed by the citizens of the country. It marked the end of a period of oppression faced by the black community and laid the foundations for a society that preserved and upheld the values of individual rights and the responsibility of the state in conserving the legal and civil rights of its citizens. Works Cited Gross, M.L. National suicide – How Washington is destroying the American dream from A to Z? Berkley Books. 2009. Print. Moore, W.D. The fourteenth amendment’s initial authority: problems of constitutional coherence. Temple Political and Civil Rights Law Review. 2014. Vol NN:N. pp101-132. NALEO. The citizenship clause of the 14th Amendment. Article. [http://www.naleo.org/sb1070toolkit/The_Citizenship_Clause_of_the_14th_Amendment.pdf]. Online. Nedelsky, J. Law’s relations – a relational theory of self, autonomy, and law. Oxford University Press. 2011. Print.
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.
Throughout history, segregation has always been a part of United States history. This is showed through the relationships between the blacks and whites, the whites had a master-slave relationship and the blacks had a slave-master relationship. And this is also true after the civil war, when the blacks attained rights! Even though they had obtained rights the whites were always one step above them and lead superiority over them continuously. This is true in the Supreme court case “Plessy v. Ferguson”. The Court case ruled that blacks and whites had to have separate facilities and it was only constitutional if the facilities were equal. this means that they also constituted that this was not a violation of the 13th and 14th amendment because they weren 't considered slaves and had “equal” facilities even though they were separate. Even if the Supreme court case “Plessy v. Ferguson” set the precedent that separate but equal was correct, I would disagree with that precedent, because they interpreted
1. Our great country was founded upon a high set of principles, values, and laws. Many of these are easily seen when looking at the United States constitution. The first ten amendments are what is commonly known as the Bill of Rights. This is good and all, but until the fourteenth amendment was passed, the Bill of Rights only was applied to the Federal government. The 14th amendment has a clause that says, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The Supreme Court ruled against “Total Incorporation”, but instead ruled in favor of “Selective Incorporation”. This meaning that the Supreme Court would define the constitutionality of the treatment of a citizen by the state.
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
As the hostility toward immigrants had begun to relax, the residency period was reduced to two years by 1824. More reforms were made over several decades, and by 1870 new legislation gave persons of African descent, Asians and other non-white groups access to citizenship. As the country matured and became more multiracial, additional legislation would be passed to prevent “protected groups” from discrimination and exclusion. Present day, the United States is still a country of immigrants and continues to expand its laws to be inclusive of all its citizens and residents. All participants who contributed to the diversity of this county helped to create the vibrant economy and democracy that we know
The 15th Amendment was written by George Washington Julian. This amendment was passed on February 26, 1869 and was ratified February 3, 1870. The 15th Amendment was very significant to many Americans of different races because it changed their lives forever by allowing them to vote. “The present difficulty, in bringing all parts of the United States to a happy unity and love of country grows out of the prejudice to color. The prejudice is a senseless one, but it exists,” said U.S. Grant, 1869.
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.
Rehnquist, William H., Brennan, William J. "A Casebook on the Law and Society: What Rights
Wilson, James Q., John J. DiIulio, Jr., and with Meena Bose. American Government: Institutions & Policies. 12th ed. Boston, MA.: Wadsworth Publishing, 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.
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
Since the beginning of American history, citizens who resided the country lacked the basic civil rights and liberties that humans deserved. Different races and ethnicities were treated unfairly. Voting rights were denied to anyone who was not a rich, white male. Women were harassed by their bosses and expected to take care of everything household related. Life was not all that pretty throughout America’s past, but thankfully overtime American citizens’ civil liberties and rights expanded – granting Americans true freedom.
represented a turning point in black American history. It, presented an opportunity to improve race relations at home despite the fighting abroad. How could you be racist against people whom are fighting to stabilize your freedom and the freedom of others was the mentality in the minds of black soldiers.
The passage of the Fourteenth and Fifteenth Amendments to the Constitution of the United States gave African-Americans recognized rights under the law. However, a national commitment to the civil and political rights of all U.S. citizens without regard to matters of race was destined to last less then a decade.4
Will and in this essay the author challenges the citizenship status of children born to illegal immigrants. Will argues that the 14th Amendment, which grants citizenship to any person born in the United States, is being misinterpreted. He explains how this misinterpretation leads to the actual act of illegal immigration. For example, by essentially rewarding the children of illegal immigrants with an American citizenship Will demonstrates how this provides an incentive for illegal immigration. The author makes clear the idea that when the 14th Amendment was written in 1866 it could not have included illegal immigrants since that concept did not exist at that time. He continues by using Indians as an example of people not included in the 14th Amendment since Indians and their children owed allegiance to their tribes. Finally, the author uses a decision by the Supreme Court in 1884 that declared both person and country must consent to the citizenship; therefore, if the source is illegal then the child should not be considered a