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Reconstruction Era Amendments
Brewie Murdock Mr. McKown Government 05 December 2017 Reconstruction Era Amendments
The reconstruction era was the rebuilding of the south after the civil war. The president andrew
johnson had passed the laws known as the "Black codes" to control a lot of what former slaves and
African Americans do. The 13, 14 and 15th amendments were freeing the african americans and also
giving their rights back. Such as not being segregated anymore and the right to vote. These also
helped african americans have a political voice for the first time in history. These amendments are
very important to the rebuilding of the south. Back in 1857, the Dred Scott Decision Supreme Court
case determined black Americans were not citizens. But the fourteenth amendment overturned that
by stating "all persons born or naturalized in the United States are citizens of the United States and
of the state wherein they reside."(study.com) This is one of the three amendments that gives political
freedom to all of the races. The thirteenth, fourteenth and fifteenth amendments were known as the
reconstruction amendments they address voting rights, citizenship and slavery. These amendments
definitely did help reconstruct the south after the civil war and it gave us equal rights. America
would definitely not be the same without them. The 13th amendment abolished slavery, it stated
"neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall
have been duly
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The Pros And Cons Of The Bill Of Rights
One of the main issues the Anti–Federalists and the Federalists disputed over was if they should
include the Bill of Rights. Anti–Federalists believed that the Constitution provided the government a
lot of power, and not having a Bill of Rights could lead to tyranny. But the Federalists believed that
including the Bill of Rights wasn't required. The Anti–Federalists were responsible for their attempts
and for being in the process of creating the Bill of Rights. The Rhode Island case portrayed a very
important part in the ratification meeting in Massachusetts. Massachusetts ratified the Constitution,
and the ratifying document recommended that the Constitution would be adjusted with a Bill of
Rights. After the Constitution was passed, the Congress showed 12 amendments to the states. Only
ten of those twelve amendments were approved into the Bill of Rights. Civil liberties keep us safe
from the government authority. The Civil liberties are established in the Bill of Rights. The
government can't take away the freedoms that are defined in the Bill of Rights. It covers the limits
on government authority. The Founders felt that people needed the right to speak and practice any
religion without being controlled. And that is protected by the First Amendment. In this time, we
take the freedoms to privacy and freedom of speech for granted. Most of the civil liberties are
protected by the Bill of Rights. Our view of civil rights and liberties have progressed since
Jefferson's day. From
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The US Constitution: One of the Best Documents Ever Made
There is a constitution in every country to guide the government and to govern the people. With so
many struggles facing the United States of America, one thing was for sure, change was needed. A
universal law was needed to fix the government and make it more functional. The US Constitution
becomes important because it directly states and explains natural born rights and limits the federal
government. Both the government and people are bound to obey it. The constitution contains
requirements to the powers and duties of government, Americans have been concerned with their
rights, the right to practice religion however they wished was one of the primary reasons the first
settlers came to America from England. The right of representation and ... Show more content on
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Thus, if district lines were drawn on the basis of race, or if discriminatory acts of one district caused
segregation in another, an inter–district remedy may be in order. However, this is not the case here
(cases.org)." The District Courts cannot redraw the lines of integrated school systems to achieve
racial balance in a segregated school system absent an inter–district violation or effect. Milliken is
the first case since Brown v. Board of Education, which controlled the power of the federal courts.
Until Milliken, the courts had been given broad powers to enforce redistricting, in order to establish
racial integration. Milliken did not feel as though redistricting was constitutional, which also helped
to limit the powers of the courts. This unlimited power to interpret the law is what makes the
constitution flawed. When it comes to the court it is ultimately how they feel as though the founding
fathers wanted the law to be read and interpreted. With trying to redistrict borders to minimize
segregation was out of the courts hands and was something that needed to be left in the hands of the
districts themselves. The Constitution has a lot of issues for a document that has been around for
decades. One of the major issues is that the constitution should not be so broad that it leaves room
for so much interpretation in the judicial branch because if the constitution does not
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14th Amendment: Important To The Constitution
The fourteenth amendment has been and still is the most important amendment in the Constitution.
It has been instrumental in improving the rights of citizens and has been used to litigate many
landmark supreme court cases; it has been referred to in more court case than any other amendment.
written into law on July 9, 1868, the fourteenth amendment grants citizenship to everyone born or
naturalized in the United States. Furthermore, it bars states from denying any person life, liberty, or
property, without due process of law or to deny to any person within its authority the equal
protection of the law.
At the outset of the 14 amendment is the due process clause. This clause is similar to the fifth
amendment but without the limitations of
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The Impact Of The Fourteenth Amendment
For centuries, the success of a democratic society has been measured by its commitment to equality,
a resounding principle central to our nation's founding. The Enlightenment–inspired language of the
Declaration of Independence, namely the age–old axiom that "all men are created equal," pervades
our perception of the American creed. However, nearly a century passed before the Lockean
principles espoused in the Declaration of Independence began to bear the force of law. Entitling
American citizens to due process and equal protection of the law, the Fourteenth Amendment,
perhaps the most transformative Amendment of all, has inspired the steady progression of American
society. Nonetheless, while the Amendment serves as the chief legal force behind the democratic
goal of equality, questions regarding its achievement of that goal ... Show more content on
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Regardless of the guarantees evoked in its wording, only court challenges will determine the
fulfillment of its intent, demanding a conscientious populace and Supreme Court that evolves in
time with the dynamic sentiment of modern society. In another respect, the erroneous conclusion
that the amendment itself is immune to criticism must be rejected. For instance, Section II of the
amendment permits the disenfranchisement of felons, a provision that ironically has perpetuated the
marginalization of those that the amendment was intended to protect. The war on drugs, a campaign
that has disproportionately ravaged African–American communities, effectively deprives a
substantial percentage of the African–American community of the most basic privilege of
citizenship, a consequence that runs counter to the egalitarian quality that defines the amendment.
Nonetheless, all things considered, the sheer existence of the Fourteenth Amendment manifests the
American commitment to wholly achieving equality, a rewarding work in
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The State Of Washington And The United States
Facts: The State of Washington is the Petitioner in this case along with the Attorney General. The
Respondents are Washington medical physicians. The physicians in this case periodically treated
patients that were terminally ill. The physicians claimed that they would provide assistance for the
patients in ending their lives if it were not for Washington State's ban on assisted suicides,
Wash. Rev. Code § 9A.26.060(1). The Respondents believed that Washington's ban was
unconstitutional. In 1993, the Respondent, three terminally ill patients and a non–profit counseling
organization for assisted suicide sued the United States District Court claiming that Washington's
ban was unconstitutional per the Fourth Amendment of the United ... Show more content on
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The en banc decision held that the Constitution in fact encompasses a due process liberty interest in
controlling the time and manner of one's death", therefore the state's assisted suicide ban was
unconstitutional. The case went before the United States Supreme Court in 1997. After thorough
review, the United States Supreme Court held that the Fourteenth Amendments forbids the
government's control on fundamental liberty interests unless the infringement was tailored to serve a
compelling interest to the state.
Issue:
Issue 1: Is the State of Washington's ban on conducting or aiding assisted suicide ignore the
Fourteenth Amendment of the Constitution?
Holding:
Issue 1: No. The Plaintiff's had an interest in protecting individuals that were terminally in order to
preserve the benefits that every the individual might provide to the community and society as a
whole. The Plaintiff's explained that a person's life is too important to allow the individual to claim
an entitlement to in making a decision to end their life or the life of another. The goal of the
Plaintiff's ban included preventing people from committing suicide due to possible depression
caused by their illness. The Supreme Court decided that the State Legislatures would be the best
venue for dealing with assisted suicide claims. The Supreme Court ruled that its Court did not need
to decide whether the right to die was a fundamental right or not. The Courts
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Birthright Citizenship Research Paper
Debra Cassens Weiss explains whether the Constitution allows a ban on birthright citizenship.
Birthright citizenship is a term that's been in the Constitution well before the 1900's. Birthright
citizenship is the concept that any person born in the United States is automatically a citizen.
According to the Constitution, "All persons born or naturalized in the United States are subject to
the jurisdiction [laws] thereof, are citizens of the United States and of the state where in they
reside." The issue with this concept that is functioning in the United States under the Fourteenth
Amendment, is, illegal immigrants are traveling to the United States whether it be from the
Caribbean, Mexico, or any foreign country are giving labor to children
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The Pros And Cons Of Abortion
Separation of Powers In the 45th Federalist Papers, James Madison wrote, "the powers delegated by
the proposed Constitution to the federal government are few and defined. Those which are to remain
in the state governments are numerous and indefinite." In 1973, the Roe v. Wade ruling legalized
abortion based on the constitutional right to privacy. This ruling declared abortion a right protected
by the federal government as dictated by the Supremacy clause in Article VI of the United States
Constitution. The Supreme Court's assertion of unlimited access to abortion as a federal concern
violates states' rights as it was wrongfully justified. Evidence offered by the fourteenth amendment,
various court cases pertaining to abortion, and several philosophical arguments from renowned
professors support the shift of the decision from federal to state power. Medical necessity is the only
exception in which an individual should be granted unrestricted access to abortion. The fourteenth
amendment of the constitution does not constitute the right of the federal government to determine
laws regarding abortion. The fourteenth Amendment, passed in 1868, was invoked to protect freed
slaves from persecution and unlawful imprisonment, and to ensure they enjoyed equality under the
law. The amendment contains no reference to the act of abortion, rather, it ensures that no individual
be denied liberty without due process of law. The court declared abortion a federal right by
interpreting the fourteenth amendment. Supreme Court Justices interpreted liberty to include a "right
to privacy". The constitution contains no such clause referring to this text, either. Therefore, the
right to privacy includes the right to an abortion because childbearing is a private matter:
"Writing for the justices, Justice Harry Blackmun acknowledged that while 'the Constitution does
not explicitly mention any right to privacy,' previous decisions found 'a guarantee of certain areas or
zones of privacy.' This guarantee of privacy, Blackmun added, is grounded in several amendments
within the Bill of Rights and in the fourteenth Amendment's guarantee of liberty, which taken
together create zones of privacy in areas of society such as marriage,
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The Constitution Of The United States
The Constitution of the United States has governed this country for over 200 years. The Bill of
Rights, also known has the first Ten Amendments of the Constitution, has protected the unalienable
rights of citizens in the United State. Selective incorporation was used in order to nationalize the
Bill of Rights and protect the immunities, rights, and privileges of all United States citizens within
the states. The success of Selective Incorporation, along with the 14th Amendment, ensured that
states could not put in place any laws that took away the constitutional rights of American citizens
that are preserved in the Bill of Rights. Although the 14th Amendment was not taken seriously for
almost a century, the Selective Incorporation process ... Show more content on Helpwriting.net ...
The Fourteenth Amendment prevented the states from limiting the rights granted to citizens in the
Constitution and did not allow the states to enforce their own law. This amendment was nationalized
through a process of Selective Incorporation. The purpose of Selective Incorporation was to, not
only nationalize the Bill of Rights, but to also protect the immunities, rights, and privileges of all
United States citizens. The first eight amendments were 'selected' and 'incorporated' into the
Fourteenth Amendment, and through the Fourteenth Amendment, these amendments were
nationalized. Through several court cases and rulings, the Bill of Rights were brought into the
national spotlight and became protected by the Fourteenth Amendment, which was ratified into the
Constitution in 1868. The confusion of whether or not the Bill of Rights applied to solely the
National Government began with the Supreme Court ruling in 1833, Barron v. Baltimore, saying
that the Bill of Rights only applied on a national level when dealing with governments and did not
apply to the states. The ruling of this Supreme Court case was used in order to urge the adoption of
the Fourteenth Amendment. In the concluding ruling, it was "declared that its 'privileges and
immunities' clause included 'the personal rights guaranteed and secured by the first eight
amendments to
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Arguments Against The 14 Amendment
The 14 amendment is the most important in my opinion because it's the right of equal opportunity
between all races. The 14th Amendment to the U.S. Constitution was passed quickly after the end of
the Civil War. The war ended in 1865, and the amendment was ratified in 1868. One of the most
important parts ofthe amendment is the presumption that states must make sure that people have
equal protection of the laws. The Fourteenth Amendment was added in 1868 as one of the longest
amendments to the Constitution. With five parts in total, this amendment indicates that we have
protection against state infringements, defines citizenship, prohibits states from interfering with
privileges and immunities, requires due process and equal protection, punishes ... Show more
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Does the Fourteenth Amendment "Incorporate" the Protections of the Bill of Rights and Make Them
Enforceable against the States According to Hall. This amendment's equal protection clause is one
of the primary vehicles for protecting constitutional equality. But before the Civil War, this
provision only applied to state governments. How the federal government was held accountable for
equal protection when the Fourteenth Amendment applied only to the state level? To answer this
question, the federal government is also constitutionally required to afford equal protection of the
law and is found in the Fifth Amendment. Hall also concluded that the results today are three
primary values represented in the Constitution – Security, Liberty, and Equality. But is arguably
until this day, there are constitutional controversies when down to their basic arguments are
distilled, involving tension between these values. Hall suggests and gives examples of these
tensions: An element to any due process or equal protection claim that requires sufficient
government action which means that federal, state, or local– to be
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The Pros And Cons Of The Fourteenth Amendment
The Fourteenth Amendment has, overall, been a great incorporation into the Constitution through its
equal protection clause, due process clause, and other specific feature such as the ability to be show
the presence of the separate but equal mindset invested amongst individuals in the Court case of
Plessy v. Ferguson, the implementation of said mindset in the decision of the Brown v. The Board of
Education Supreme Court case, the usage of the due process clause in the 2000 presidential election
between Republican George W. Bush and Democrat Al Gore, and both equal protection clause and
de process clause in the more recent case of obergefell v. hodges. First off, Plessy v Ferguson is a
prime example for the use of the fourteenth amendment's equal protection clause protecting Homer
Plessy, enforcing a "separate but equal" mindset among the people touched by this court case, and
demonstrated the strength of the equal protection clause. Homer Plessy In the 1892 incident, Plessy
refused to sit in Jim Crow car (expression meaning Negro, racial segregation directed toward
African Americans), breaking Louisiana law. At first the Supreme Court didn't believe his
constitutional rights were violated. Their reason behind this is that it was a state law that "implies
merely a legal distinction" between whites and people of color. To them, it did not violate the 13th
or 14th amendment. This state law was Louisiana's, the law was about providing "separate but equal
accommodations for the
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Importance Of The 14th Amendment
One of the most influential, as well as controversial, changes to the United States constitution is the
Fourteenth Amendment. A majority of the Supreme Court's most famous cases have used this
change in some way. Because this amendment has been used countless times as defense in court
cases, it has greatly influenced decisions in the United States, making it one of the more influential
additions to the Constitution. Even though this amendment is commonly used, it is also remarkably
controversial. It can be said that the controversy of this change can be derived from the complexity
of the amendment. In order to understand the basic principles of this reform, it is important to look
at the historic value, as well as the current value it holds. The Fourteenth Amendment has been used
as defense in a majority of Supreme Court cases, has a deep history, and is still relevant today.
Within the Fourteenth Amendment, it describes that no state shall "deny to any person within its
jurisdiction the equal protection of the laws." This relates back to the question, "What are the basic
purposes of the Fourteenth Amendment?", due to the fact that it defines the amendment, showing its
purpose to allow equal protection with all citizens in the state. Section 1 of the Amendment does not
allow states the given privilege to deprive anyone from their rights of "life, liberty or property
without due process of law." Now, due process of law is the action of all levels of the American
Government
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California Vs Bakke Case Study
Regents of California v Bakke (1978) Question: Did the University of California violate the
Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an
affirmative action policy that resulted in the repeated rejection of Bakke's application for admission
to its medical school? Background: The University of California used racial quotas to reserve
16/100 seats for "Blacks, Chicanos, Asians, and American Indians." Bakke's scores were much
higher than any members of these racial groups who were recently admitted. Bakke's application
was rejected twice, so he sued the University. He argued that the University's policy violated the
Constitution, under Title VI of the Civil Rights Act of 1964 and the Equal Protection clause.
Opinion: The court ruled that the University of California's policy was unconstitutional. They
argued that a state is permitted to use race as a factor, however ... Show more content on
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Even though it was not mandatory that did not change the fact that the First Amendment prevented
government interference with religion. Since America encompasses many various religions, it would
be unfair to endorse a particular one, or else all of the religions would have a right to recite their
respective prayers at the beginning of the day. This would also suck up lots of valuable class time.
Baker v Carr (1962) Question: Did the Supreme Court have jurisdiction over questions of legislative
apportionment? Background: Urban areas in Tennessee were growing, and were gradually becoming
big enough to be represented. The state legislature of Tennessee set the number of legislators for
each county. Baker, the mayor of Nashville, went to court saying that this was violating the equal
rights given by the Fourteenth Amendment. The Federal Court refused the case, saying that they did
not want to meddle in state districting, so it was sent to the Supreme
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The Amendment Of The Fourteenth Amendment
The Fourteenth Amendment stopped unlawful actions by states. It also gave Congress the power to
enforce the amendment through new laws that benefited and were fair to everyone. The Fourteenth
Amendment represents part of the extension of the power of the national government over the states.
It has been cited in more court cases than any other part of the Constitution. It made it possible for
new legislation that has protected the rights of many throughout the United States and has helped
uphold equality. Although the language is simple it has caused lots of controversy over its
interpretation. Beginning with the Slaughterhouse Cases, the Supreme Court has decided cases
involving the Fourteenth Amendment by being selective about how to apply the most minimal rights
needed to decide each case, and never really declaring that the Fourteenth Amendment protects all
rights recognized by the Constitution. This has led to the adoption of selective incorporation and
unremunerated rights. The Slaughterhouse Cases, 83 U.S. 36 (1873), was the Supreme Courts first
time attempt to interpret the Fourteenth Amendment in its relation to peoples Constitutional rights.
It was important in establishing the privileges and immunities clause. Ratification provided the
Supreme Court with a way for protecting economic rights starting with overturning the Dred Scott v.
Sanford case, 60 U.S. 393 (1857). The Amendment started out with the idea to make sure that blacks
would not be denied their
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Why Is The 13th Amendment Important
The thirteenth, fourteenth, and fifteenth amendments are all important; they each deal with
fundamental human rights and are unique in their own ways. Each amendment is special in the
sense that they each deal with different scenarios brought on by early American racism and the
unstable government. The thirteenth amendment deals with the abolition of slavery, the fourteenth
amendment deals with civil rights, and the fifteenth amendment deals with voting.
The thirteenth amendment is important because it states that we cannot have slaves or servants that
do not want to work for you. This is good because it gives people a law regarding slavery and it
abolished slavery as a whole. Although, it also tells us that you can work slave labor if convicted for
a crime. The question of the legality can be answered simply. Our country was founded on the
proposition that all men were created equal and slavery still being legal is a direct contradiction to
this proposition. Because of this, the 13th amendment was justified as it embraces what the founders
believed and gives true justice to millions of slaves living in oppression. ... Show more content on
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An everyday example of this amendment would be being born in the United States. At birth, the
fourteenth amendment automatically grants citizenship, provided the family is here legally. Another
example would be the Dred Scott trial. He was an African American that was sued for his freedom,
unsuccessfully. "Persons of African descent cannot nor were ever intended to be, citizens under the
U.S. Constitution". This case gives weight to justify the fourteenth amendment, as prior to the
amendment, African Americans were not considered full citizens. With the establishment of the
fourteenth amendment, African Americans were finally given recognition as citizens on both the
federal and state
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How Did Homer Plessy Violate The Supreme Court In 1890
In 1890, the Supreme Court passed a Louisiana law that stated that all passenger railways provided
separated cars for blacks and whites. They separated whites and blacks and punish passengers or
employees for violating this law. On June 7, 1892 Homer Plessy took a vacant seat in a white only
car on his trip between New Orleans and Los Angeles. Plessy was arrested because he was mixed,
but was preferred as black and was put to trial for violating a law that was passed by the Supreme
Court in 1890. Plessy felt that the Supreme Court was treating blacks unequal, so he filed an
authority against the judge, Hon John H. Ferguson. Plessy argued that the segregation law violated
the Equal Protection clause of the fourteenth amendment as well as the
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Pros And Cons Of Marriage Equality
We live in America on the land of the freedom, where citizens are promise liberty. Today, I would be
explaining the pros and cons of constitutionality of marriage equality. As many things happening in
our world, marriage equality has been an issue for many years. Where LGBT community were not
allowed to get marry under the law. Is one of the most recognized topic in the United States.
Drastically it has caused a mass of controversy among society and the government. Socially there is
a part of the world that agrees and others oppose.
First, is Baker V. Nelson the Supreme Court in Minnesota. John Baker and his partner Michael
McConnell were applying for a marriage license. Gerald R. Nelson the clerk decline the marriage
license. Therefore, the couple decided to file a lawsuit against the clerk. The article, Baker V.
Nelson: The Often–Forgotten Supreme Court Same–Sex Marriage case. According to the editor
Donald Scarinci stated that, in 1972, the Court ruled that a Minnesota same–sex couple had no
constitutional right to marry. Both individuals argue that their rights were being violated beneath
due process and their equal protection clause under the fourteenth amendment.
Second, The Defense of Marriage Act as referred to DOMA. DOMA was established in Sept 21,
1996. In the article, "The Defense of Marriage Act and the Overextension of Congressional
Authority" written by Scott Ruskay– Kidd. It explains that, President Clinton signed into the law the
Defense of Marriage Act
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The Amendment Of The Fourteenth Amendment
John A. Bingham, Republican of Ohio had long been a believer in the idea of equal protection of the
laws for all people, and was one of the leaders of the effort to pass the Fourteenth Amendment.
While aware of the need to prove the constitutionality of the Civil Rights Act with the Fourteenth
Amendment, Bingham did not actually believe that the Fourteenth Amendment created any new
rights. Rather, he believed that it created a new understanding of rights already in the Constitution.
Bingham maintained that, "The...equal protection of each [in] those sacred rights which are as
universal and indestructible as the human race...are by this Constitution guaranteed...'" The
guarantee to which Bingham was referring is contained in the Fifth ... Show more content on
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This statement encapsulates why the framers of the Fourteenth Amendment found it necessary to
include that, "No state shall...deny to any person within its jurisdiction the equal protection of the
laws." Bingham's reading of the Constitution already incorporated this point, but Rogers' certainly
did not, so by placing it in the Fourteenth Amendment, the framers ensured beyond all doubt that the
right of all citizens to equal protection of the laws would be part of any subsequent reading of the
Fourteenth Amendment. The Fourteenth Amendment accomplished three important things in terms
of providing equal protection of the laws. These three things, which are found in Sections 1 and 5,
were providing a definition of citizenship, declaring what protections states were required to give to
their citizens, and giving the federal government broad power to take action against states that did
not provide the necessary protections to their citizens. While it might at first seem superfluous, one
of the most important parts of the Fourteenth Amendment was that it provided a definition of who
was a citizen of the United States. However, in the infamous Dred Scott decision, the Supreme
Court, led by Chief Justice Taney had held that, "A free negro of the African race... is not a 'citizen'
within the meaning of the Constitution of the United States," and thus, only whites were entitled to
constitutional rights. The
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Due Process Vs 14th Amendment
"The right to due process," the only phrase respeated more than once in the Constitution, is
guaranteed by both the fifth amendment and the fourteenth amendment. The notion that no one
should be deprived of "life, liberty, or property without due process of law," has become a crucial
part of the foundation of the American legal system. Ascertaining over eleven different rights,
including the right to a trial, counsel, habeas corpus, and protection from unreasonable search and
seizure, the due process clause ensures that everyone is treated equally and has the same rights as
any other individual involved with the judicial system. The original premise of due process dates
back to 1215 to the publishing of the Magna Carta. Designed to suppress an impending revolt by
King John's disgruntled elite class, the Magna ... Show more content on Helpwriting.net ...
It allows for all individuals, whether they are citizens of the United States or not, to have equal
opportunity within the judicial system. The due process clause in both the fifth and fourteenth
amendments, limit the powers of the federal and state governments. Requiring state and federal law
enforcement and judicial systems to meet certain criteria through the arrest, detainment, and trial
processes, ensures that no (or limited) abuses of power can occur. Most of the rights that due
process defends, guarantee reasonable, non–assumptive protections; right to a trial, counsel, to know
charges of the alleged crime, to face one's accuser, to be tried by an unbiased judge, and so on. They
are highly reasonable rights that safeguard fair, uncorrupted legal procedures. In addition to
upholding rights, the fourteenth amendment also contains an equal protections clause which
establishes everyone's right to due process regardless of race, socioeconomic status, or any other
perceived difference that has historically been used to subordinate a specific group of
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The Fourteenth Amendment and Equality Under the Law Essay
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, ... Show more content on Helpwriting.net ...
The purpose of the Fourteenth Amendment was to make citizenship of black individual permanent
and secure. The amendment did not entirely universalize citizenship because it left out the right to
vote, hence the need for the Fifteenth and Nineteenth Amendments granting the right to vote to
blacks and then to women, respectively. The Supreme Court under Justice Miller rejected that the ?
amendment?s privileges and immunity clause incorporated the Bill of Rights, holding that the only
rights protected were access to Washington D.C., and coastal seaports; the right to protection the
high seas; the right to use navigable waters of the United States; the right to assembly and petition;
and the privilege of Habeas Corpus.? It wasn?t until the 1960?s that this amendment really came
into play. The amendment is used to protect our civil rights and liberties as Americans. The Supreme
court recognized in 1925 with Gitlow v. New York that the Bill of Rights was meant for all people,
not just rich, white males. The court held that freedom of speech and of the press were basic
personal rights that were protected by the due process clause of the Fourteenth Amendment, ?No?
State shall deprive any person of life, liberty or property with out due process of law; nor deny to
any person..equal protection of the law.? In the 1960?s the court then applied that clause to those
accused of crimes. They more thoroughly interpreted the Eighth Amendment,
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The Establishment Clause
The First Amendment to the United States Constitution states "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" (U.S. Const. amend. I). The Establishment Clause
which derives from "Congress shall pass no law respecting an establishment of religion" was added
to secure that state and church would be separate. In the 1971 the landmark case Lemon v.
Kurtzman was heard by the Supreme Court and questioned "Do statutes that provide state funding
for non–public, non–secular schools violate the Establishment Clause of the First Amendment?" ...
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Constitution left education powers to the States and this is evident in the opening Article of the
Florida Constitution where it states "The state board of education shall be a body corporate and have
such supervision of the system of free public education as is provided by law. The state board of
education shall consist of seven members appointed by the governor to staggered 4–year terms,
subject to confirmation by the senate. The state board of education shall appoint the commissioner
of education" (Art IX, § 2(a), Fla. Const.).
Current Issues in Education As previously states the 14th Amendment of the U.S. Constitution
upholds our founding fathers views of everyone being created equal, despite ones race, color,
gender, sexuality, nationality, or sexual orientation. There are several issues we see today in our
schools. An example would be the bathroom policy for transgender students. This was seen in
Students and Parents for Privacy v. Unites States of Education. The case questioned whether the
Department of Education and Township of High School District 211 could make students use the
restroom and locks with opposite sex
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Importance Of The 13th Amendment
Danny Dallas
Mr. Mckown
Government
12–5–17
Reconstruction era and amendments
I am going to discuss how the reconstruction era prompted the thirteenth, fourteenth, and fifteenth
amendments and say what the amendments are and why they are important. The thirteenth
amendment was important to the slaves. The 13th Amendment to the Constitution declared that
"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("loc.gov13th")." Formally abolishing slavery in the United States the 13th Amendment
was passed by the Congress on January 31 1865 and ratified by the states on December 6
1865("loc.gov13th"). This amendment is important because it ended slavery for everyone that was a
slave in America. On June 13 1866 Thaddeus Stevens the Republican floor leader in the House of
Representatives and the nation's most Radical Republican rose to address his Congressional
colleagues on the Fourteenth Amendment to the Constitution("CivilWar.org"). Stevens had always
fought for the struggle against slavery and for equal rights for black Americans("CivilWar.org"). In
1837 as a delegate to Pennsylvania's constitutional convention he had refused to sign it because it
didn't give African Americans the right to vote("CivilWar.org"). During the Civil War he
... Get more on HelpWriting.net ...
What Are The Pros And Cons Of The 13th Amendment
"Three hundred years of humiliation, abuse and deprivation cannot be expected to find voice in a
whisper."( Hudkins,1964) Martin Luther King Jr. said to a group of people in 1963, which suffered
exploitations, oppressions and discriminations from the white race for almost ninety years. Actually,
they were black people, who once were slavers before 1863. Slavery, which was a part of America,
brought countless pains to African Americans. After Lincoln published the Emancipation
Predication, slavery was abolished. Moreover, the Thirteenth, Fourteenth and Fifteenth Amendments
to the U.S. Constitution were ratified subsequently, in order to address slavery, citizenship and
voting rights. However, it was not a dawn but a nightmare, because the white race inherent thoughts
and cultures that black people did not get any fair treatments but ... Show more content on
Helpwriting.net ...
The amendment reads: "the right of citizens of the United States to vote shall not be denied or
abridged by the United States or by any State on account of race, color, or previous condition of
servitude.", which was designed to prohibit discrimination against voters on the basis on race or
previous condition of servitude. Although it ratified, the Fifteenth Amendment would not be
completely realized for almost a century. In the ensuing decades, southern states tried to prevent
African Americans from exercising their rights to vote by various discriminatory practices including
poll taxes, grandfather clauses and literacy tests, along with violence and bullying (Fifteenth
Amendment). Afterwards, because of the Voting Rights Act, which signed by President Lyndon in
1965. It finally conquered legal barriers at states that denied of right of African Americans to vote
under the Fifteenth Amendment. Eventually, African Americans got their voting rights though their
arduous
... Get more on HelpWriting.net ...
Essay about I Am An American
Since the 1800s, immigration has been considered a problem that is out of control in the United
States. Government officials have claimed that the issue of birthright citizenship is the core of the
dispute over immigration. To try and remedy this situation, holders of public office have held
hearings and debates in an attempt to "redefine" what it means to be an American citizen. Birthright
citizenship is the term used to refer to the citizenship that is granted to an individual who is born on
the associated territory. Providing an individual with citizenship of any state or country means that
one now has the rights, privileges and duties of a citizen in the related region. In the United States,
birthright citizenship is a highly ... Show more content on Helpwriting.net ...
This text implies that any individual, no matter their original location, is subject to the privileges of
an American citizen. Some argue that the language of the Fourteenth Amendment has been
misinterpreted and abused as time has passed. The backbone for this argument? – "Subject to the
jurisdiction thereof." In the Fourteenth Amendment, this phrase holds the key to why birthright
citizenship can be deemed unconstitutional. Government officials say that these key words were put
in the constitution to specifically to exclude Native Americans born on reservations and any other
foreign national. In 1884, the case of Elk vs. Wilkins was brought to the attention of the U.S.
Supreme Court. In this case an Indian named John Elk, who was born on a reservation within the
U.S. border, was denied the right to vote by Charles Wilkins even though he had moved to a non–
reservation territory and separated himself from his tribe. Elk argued that he deserved the right to
vote as a U.S. citizen because based on the Fourteenth Amendment he was granted automatic
citizenship for being born in the United States. The U.S. Supreme Court came to the conclusion that
Elk was not considered an American citizen just because he was within U.S. jurisdiction. It was
stated that in order to be considered a citizen of the United States, you cannot owe
... Get more on HelpWriting.net ...
Argumentative Essay On The 14th Amendment
The fourteenth amendment states that "All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens
of the United States; 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 laws"(Constitute).
President Abraham Lincoln and John Bingham wrote the amendment to ensure the rights and
freedom of African–Americans (Magliocca 2013). Even though Republicans aspire to change the
fourteenth amendment, birthright citizenship should not be changed ... Show more content on
Helpwriting.net ...
The amendments ensure equality for people and suppress anti–federalism. In addition James
Madison wrote "that as they[aliens], owe, on the one hand, a temporary obedience, they are entitle
in return, to their constitutional protection and advantages" (Contreras 2017). However, Republicans
mentioned that when the fourteenth amendment was written at a time were there was no illegal
immigrants, people could walk from one country to the next. On the other hand, in article 1, section
8 clause 4 of The Constitution grants congress the exclusive power to establish a uniform rule of
naturalization meaning "any alien being a free white person ... of good character[,] who had reside
in the country for at least two years to become a U.S. citizen by swearing an oath to support the
constitution (Association 2017). Meaning that immigration was a problem when the amendment
was written, but the search to make the country prosperous became more important and have its
own laws. Furthermore, by not changing the fourteenth amendment, no child would be without a
country to call their
... Get more on HelpWriting.net ...
The Importance of the Thirteenth, Fourteenth, and...
The Thirteenth, Fourteenth, and Fifteenth Amendments of The United States Constitution were
important for implementing a total reconstruction of America and the blessings of of liberty to
everyone that lived within the borders or our country. These ideas of equality would be reached out
to the entire population including but not limited to slaves and their descendants and all American
Citizens. These Amendments were especially important to African Americans and minorities who
were the main victims of slavery and inequality during the time periods in which these Amendments
were ratified. These amendments changed the way America operated as a country from politics to
human rights and equality by granting freedom to sformer slaves and the ... Show more content on
Helpwriting.net ...
This change to society was the fore father for the push for equality for not only African Americans
but for all races of people. The evolution of the Thirteenth has not changed much since its
ratification. The Amendment itself is self holding. The use of the Thirteenth Amendment has been
used in not only cases for African American slaves of the past but most recently binded to the
aspects of human trafficking and involuntary prostitution. The evoulution of the "The Thirteenth
Amendment provides the federal government with the power to enact legislation that criminalizes
certain private acts of discrimination. Congress may pass necessary and proper laws that can
reasonably be expected to end subordinating infringements against individual rights. In significant
circumstances, the Thirteenth Amendment covers anti–social behavior that is beyond the scope of
the Fourteenth Amendment and Commerce Clause, even though these two are more commonly
relied on for civil rights enforcement. (Tsesis)." The Fourteenth was adopted to the United States
Constitution on July 9, 1868 and ratified on July 18, 1868. This amendment addresses citizenship
rights and equal protection of laws to all United States Citizens, everyone has the right to due
... Get more on HelpWriting.net ...
Rock N Roll And The Civil Rights Movement
Description of the Civil Rights Movement and rock music
Rock 'n' roll reflects the values of the Civil Rights movement of the 1960s and helps the movement
convey its message. The Civil Right Movement addressed three areas of discrimination: education,
social segregation, and voting rights.
Origination of the Civil Rights Movement and rock music
African Americans, since the end of the American Civil War, have struggled to achieve equality. In
1865, the Thirteen Amendment to the United States Constitution ended slavery, and follow in 1967,
the Fourteen Amendment granted citizenship rights and equal protection under the law. In addition,
the Fifteen Amendment of the United States gave African American men the right to vote in 1870.
Even though these legal protections were passed, African Americans continued to challenge with
economic, social and political discrimination. Since, the beginning of World War II, a small number
of Americans had fought for equality, however, by the end of World War II, a more structured Civil
Right Movement came to reform. Thus, Rock 'n' roll was a logical development in music influenced
by the same factors pushing the Civil Rights Movement forward.
Issues
The Civil Right Movement addressed three areas of discrimination: education, social segregation,
and voting rights. Discriminations in the area of education raised a question: do separate but equal
doctrine in public school deny black children of the equal protection of the laws
... Get more on HelpWriting.net ...
Government Enforcement, Crime And The American Population...
On July 4, 1776, thirteen colonies declared independence from English rule, eventually forming the
United States of America ("American History," 2016). Built upon a unique platform of autonomy,
the United States provides citizens with freedoms not present in other countries. In order to preserve
such freedoms, the Constitution of the United States was enacted in 1797, outlining an array of
rights and privileges afforded to all citizens of the country ("American History," 2016). However, as
in any society, crime and abuse pervaded the peace of the nation, continuing to date. Methods of
public, social control span deep into the history of the United States, in an effort to combat
wrongful, illicit activity, or crime. With the first official police force established in 1838, law
enforcement has grown rapidly within the nation, employing millions (Bureau of Justice Statistics,
2015). Nevertheless, with the evolution of law enforcement, crime and the American population
have also evolved. In the present–day United States, fear and unrest regarding personal rights and
freedoms are overwhelmingly prevalent, often creating controversy between the public and the
police. Under democratically–inspired legal restraints, notably the Bill of Rights, the Fourth, Fifth,
Sixth, Eighth, and Fourteenth Amendments to the United States Constitution ensure the personal
rights and freedoms of American citizens against certain police–related matters. The Fourth
Amendment to the United States
... Get more on HelpWriting.net ...
The 14th Amendment Incorporation Doctrine Due Process Clause
10/8/17 Topic: #2 14th Amendment Incorporation Doctrine Due Process Clause The intent of the
fourteenth Amendment was to establish and protect equal rights for all, but most importantly–the
former slaves. The fourteenth Amendment granted a unique form of citizenship to the recently freed
slaves and their future families, while also containing the framework of rights and protections that
would be a part of this new type of citizenship. The fourteenth Amendment redefined the entire idea
of citizenship. Before the reform of the 14th Amendment, citizenship under the constitution was in
reference to all free white males or person of the original thirteen states and any other states
admitted to the union. This parameter granted protection of life, liberty, property and civil rights and
immunities from the government. However, especially in the southern democratic colonies, slaves
were seen as property, Inferior and non– citizens. They had no rights, neither was there any
protection for them under the law. The ratification of the 14th Amendments changed such ideology.
To compensate for all the injustices the slaves suffered, this amendment was there to offer some
level of hope. The clauses under the Amendment provided some framework of protection for
everyone. The equal protection clause requires that states under their jurisdiction; equal protection
to everyone, while rejecting any discrimination to anyone. The Due Process Clause prevents local
and state
... Get more on HelpWriting.net ...
Cons Of The 14th Amendment
The Fourteenth Amendment (Amendment XIV)
The amendments were put into place to protect the rights and civil liberties of all American citizens
from the federal government. However, prior to the fourteenth amendment, there was no certainty
with the constitution. The constitution did not state in a clear enough way who was protected under
it and exactly what rights you had as an American Citizen. The 14th amendment was in response to
the just passed thirteenth amendment, which ended slavery in all of the southern states. This
document drastically changed the perception of the citizens, showing that it protected the civil rights
of whites and blacks. While the fourteenth amendment was instated to expand citizenship, it has
caused controversy and debate in the court system with two major key points, the Equal Protection
and Due Process Clauses.
The 14th amendment was ratified by the Supreme Court in 1868 granting numerous the African
Americans citizenship, but with citizenship comes equality. The 14th amendment is split into five
sections. Section one is the most important of them all and it states, "All persons born or naturalized
in the United States, and subject to the ... Show more content on Helpwriting.net ...
The Due process in the 14th amendment is the same as the due process in the fifth but it regards the
states. "It acts as a safeguard from arbitrary denial of life, liberty, or property by the Government
outside the sanction of law" (Madison 2010). The due process clause has been upheld and seen in
many Supreme Court cases. The most influential and infamous was Roe v. Wade which said the
right of privacy under the due process clause of the14th Amendment extended to a woman's
decision to have an abortion. Due process upholds citizens' rights and does not let the government
take them away. This clause is important so the people can be protected from the government, which
has been a fear for
... Get more on HelpWriting.net ...
The Rights Of State Governments And The Federal Government
Selective Incorporation, also called the Incorporation Doctrine, says that states cannot enact laws
nor make court rulings that take away the constitutional rights of American citizens that are given by
the Bill of Rights. Origins of this doctrine dates back to the beginning of constitutional America.
There were debates over the relationship between the rights of state governments and the federal
government. To guarantee that certain rights were not limited, the Federalist, an early political party,
had insisted that the Bill of Rights to be added to the Constitution before they signed it. But even
years after the addition of the Bill of Rights to the constitution, there are still debates over the extent
of the relationship the federal government has with state governments. On July 9, 1868, the
Fourteenth Amendment was ratified stating "All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they
reside. No state shall make or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; 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." Since then this amendment has continued to play a divisive role in criminal procedures
throughout history. The amendment guarantees the right to fairness in decisions made in a
... Get more on HelpWriting.net ...
Separation Of Abortion In The 14th Amendment Of The...
Separation of Powers
Victoria Smith
College of the Ozarks
Separation of Powers In the Federalist Paper no. 45, James Madison wrote, "the powers delegated
by the proposed Constitution to the federal government are few and defined. Those which are to
remain in the state governments are numerous and indefinite." In 1973, the Roe v. Wade ruling
legalized abortion based on the constitutional right to privacy. This ruling declared abortion a right
protected by the federal government as dictated by the Supremacy clause in Article VI of the United
States Constitution. The Supreme Court's assertion of unlimited access to abortion as a federal
concern violates states' rights as it is wrongfully justified. Evidence offered by the Fourteenth
Amendment of the Constitution, various court cases pertaining to abortion, and significant historical
documents support the shift of the decision from federal to state power. Medical necessity is the
only exception in which an individual should be granted unrestricted access to abortion. The
fourteenth amendment of the constitution does not constitute the right of the federal government to
determine laws regarding abortion. The fourteenth Amendment, passed in 1868, was invoked to
protect freed slaves from persecution and unlawful imprisonment, and to ensure they enjoyed
equality under the law. The amendment contains no reference to the act of abortion, rather, it ensures
that no individual be denied liberty without due process
... Get more on HelpWriting.net ...
Due Process Of Law: Miranda V. Arizona
Due Process of law is an integral part of the United States legal system that derived from English
law. The process can best be described in one word, fairness. It assures that all people receive equal
treatment under the law from an arrest through adjudication. The Due Process clause acts as a
safeguard for a defendant that the Government is acting in a fair way and safeguards the accused
from any arbitrary denial of "of life, liberty or property without due process of law." (Staff)
Courts have handed down many decisions about Due Process. The one decision that affected law
enforcement most was the 1966 Supreme Court case of Miranda v. Arizona. The arrest, in 1963,
involved Ernesto Miranda by the Phoenix Police Department for kidnapping
... Get more on HelpWriting.net ...
Persuasive Essay On The 14th Amendment
The Fourteenth Amendment to the Constitution of the United States is perhaps the most sweeping
and has likely impacted the general jurisprudence of the Supreme Court the most of any other
amendment. This is because, where all other right–protecting amendments protect something
specific, the fourteenth amendment was designed to ensure that states guaranteed due process rights,
applied the law equally, and protected the "privileges [and] immunities of citizens of the United
States." Because of this language, the Fourteenth Amendment appears to be – and to some extent is
– simply the application of the Fifth Amendment, and through selective incorporation, the rest of the
Bill of Rights. To that end, the Fourteenth Amendment possesses a fortuitous expansion to the
simple due process right: the right to equal protection of the laws. Laws that appear to violate the
Equal Protection Clause thusly receive the same kind of scrutiny that other fundamental rights are
given. The Fourteenth Amendment is relatively new compared to the Bill of Rights, having been
passed in 1868. The first major case that dealt with the amendment were the Slaughterhouse Cases
in 1872. In those cases, a group of slaughterhouses that were put out of business by a Louisiana law
creating a monopoly claimed that they were denied equal protection under the law. Though the court
ultimately denied their claim primarily on the basis that the Privileges and Immunities Clause does
not apply to the states, they also
... Get more on HelpWriting.net ...
Bill of Rights
Bill of Rights & Amendments Paper
Intro
The United States is a country that was founded on the principle of freedom; it took the Bill of
Rights to be added to the Constitution to guarantee citizens freedom. The Bill of Rights consists of
the first ten amendments in the constitution; a document that outlines how the new American
government would be created and operated. The Constitution was ratified in 1788 which was the
start of protecting the interests of each citizen, two years later the Bill of Rights was proposed by
congress and went into effect in 1791. It was designed to prevent the government from taking total
power over citizens and to provide them with legal defenses. This essay will discuss the
understanding of how ... Show more content on Helpwriting.net ...
However, it was not until "the Voting Rights of 1965 that aimed to overcome legal barriers at the
state and local levels that denied blacks their right to vote under the 15th amendment" (The 15th
Amendment: Ratification, 2012). This had to happen because despite the amendment people were
still using discriminatory practices against the blacks. There is a difference between the earlier
amendments and the later ones because many of the earlier ones like the Bill of Rights were about
civil liberties. The 19th through the 27th amendments dealt with political rights and technical issues.
For example one of these amendments granted women the right to vote and some clarified the
succession to the presidency and vice presidency. The later amendments work to increase political
rights and to conform the details of our system of government. Conclusion
Our individual rights are the most traditional and valued accomplishment of the United States, there
are other states that are not entitled to have such rights. Each of the amendments are very important
to how we live in today's society; the first ten which is the Bill of Rights grants Americans their
freedom. Our founding fathers had a vision on what they wanted America to become they laid the
foundation for the constitution and allowed modification if necessary they knew that America would
grow and the constitution would need adjustments; that is exactly what
... Get more on HelpWriting.net ...
The Achievement Of The National Association For The...
As a result of Addams hard work and reputation, she was then drawn into a larger field of
responsibility. She was one of the first members of the National Association for the Advancement of
Colored People (NAACP). She was appointed to Chicago's Board of Education, and in 1909 she
became the first woman president of the National Conference of Charities and Corrections. "In
1911, she was elected vice president of the National American Woman Suffrage Association." Years
later, in 1915, she accepted the chairmanship of the Women's Peace Party. Addams also served as
president of the Women's International League for Peace and Freedom until 1929. These
advancements in her career led her to be very admired by her peers but also led to disapproval of her
thoughts. When Addams began making speeches against World War I, she was no longer invited to
speak to groups. "In 1931 Addams became the second woman to be awarded the Nobel Peace Prize.
This important award honored her work for peace. She received a peace medal and $16,480... She
gave the money to the Women's International League for Peace and Freedom." National Woman
Suffrage Association (NWSA) opposed the Fifteenth Amendment, while the American Woman
Suffrage Association (AWSA) supported the new law. Stanton and Anthony founded the NWSA
first. Article 2 of the Constitution of the organization states, "The object of this Association shall be
to secure STATE and NATIONAL protection for women citizens in the exercise of
... Get more on HelpWriting.net ...
Military Rule Of The Civil War
Case 7
1. The Court ruled that neither Congress nor the president could grant the military the authority to
try civilians, so long as civilian courts were still functioning.
2. General Hovey probably thought a military court would easily declare Milligan guilty, while a
civil court had a good chance of declaring him innocent.
3. According to the Court's ruling, military rule would take precedence over civilian authority when
civilian courts were not operating. For example, during a war where the civil courts stopped
functioning.
4. Four Justices thought it was Congress, rather than the courts, who should be responsible for
deciding whether a military court could try civilians.
5. Habeas corpus is an important part of the Constitution because it prevents a prisoner being held
for an indefinite amount of time long without having formal charges filed against them. This is
important in restricting the ability of governments to deny personal freedoms.
This case occurred a year after the Civil War ended. The country was weakened and trying to get
back together, so this decision may have been made in order to get the country back on the right
track by reinforcing the strength of the federal government. The Milligan case defended the writ of
habeas corpus written in the Constitution. It ruled that a citizen could not be tried by a military court
unless the civil courts were closed. The decision made prevents any citizen of the United States
from not being given a fair trial,
... Get more on HelpWriting.net ...
Should The Citizens Obey The State Law?
In the twenty century, the U.S society was in the period of tending to be a human base society. The
laws in America were introduced to create a fair and regulated society for its citizens. The First and
Fourteenth Amendment of Constitution granted that the U.S citizens have the freedom of speech.
And the New York State had its law of Criminal Anarchy Act since 1902 for "organized government
should be overthrown by force or violence, or by assassination of the executive head or of any of the
executive officials of government, or by any unlawful means (n.p)." The citizen in the any state of
the U.S should always both obey the state law and follow the national constitution. Otherwise, the
citizen would get corresponding punishment for jail, ... Show more content on Helpwriting.net ...
The United States Supreme Court considers about the national interest to judge the guilt of Gitlow's
behavior. First of all, the First Amendment of Constitution about the citizen's freedom of speech is
not complete. It does specify the treatment to some special situations. In the "Ayn Rand Column", it
records Ayn's understanding go the freedom of speech mentioned in the Fist Amendment of
Constitution. Freedom of speech includes the freedom not to agree, not to listen and not to support
one's own antagonists. A "right" does not include the material implementation of that right by other
men; it includes only the freedom to earn that implementation by one's own effort (n.p). As a citizen
of America, Gitlow has the rights to express his opinions in politics, but his speeches were clearly
harmful for the harmony of the whole society. Moreover, his speeches were unlawful in the state
laws of New York. Citizens' rights and their responsibilities should be balanced. While the
government grants citizens with the rights of free speech, individuals should also control their
speech in a certain limited way. Citizens should not do anything that violates other citizens' rights,
or even cause danger to the whole society because the entire citizens have the equal rights to be
protected. Benjamin Gitlow's speeches of anti–government conflicted with the law in New York
State. The state government would able to supervise
... Get more on HelpWriting.net ...
The Importance of the Fourteenth Amendment to the United...
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, ... Show
more content on Helpwriting.net ...
The conquering North was hoping to, as was said by Abraham Lincoln in his Second Inaugural
Address, "bind up the nation's wounds," and obtain, "a lasting peace, among ourselves, and with all
nations." However, the South, while it had been forced to discontinue slavery, was not prepared to
accept Blacks as equal citizens, either politically or socially. In late 1865, Southern states began
creating the set of laws that became known as the "Black Codes," severely restricting the rights of
the newly freed African–Americans living in the South. The degree to which the Black Codes
limited freedom of African–Americans would eventually become one of the major motivations for
the passage of first the Civil Rights Act of 1866, and finally, in 1868, the Fourteenth Amendment.
By March of 1866, eight states of the former Confederacy had adopted various laws limiting the
freedoms of African–Americans. In the Slaughterhouse Cases (1873), some of the first Supreme
Court cases to deal with the Fourteenth Amendment, the opinion of Justice Samuel F. Miller
provided a listing of the rights that had been abridged under the Black Codes: "[African–Americans]
were in some states forbidden to appear in the towns in any other character than menial servants.
They were required to reside on and cultivate the soil without the right to purchase or own it. They
were excluded from many occupations...and
... Get more on HelpWriting.net ...

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Reconstruction Era Amendments

  • 1. Reconstruction Era Amendments Brewie Murdock Mr. McKown Government 05 December 2017 Reconstruction Era Amendments The reconstruction era was the rebuilding of the south after the civil war. The president andrew johnson had passed the laws known as the "Black codes" to control a lot of what former slaves and African Americans do. The 13, 14 and 15th amendments were freeing the african americans and also giving their rights back. Such as not being segregated anymore and the right to vote. These also helped african americans have a political voice for the first time in history. These amendments are very important to the rebuilding of the south. Back in 1857, the Dred Scott Decision Supreme Court case determined black Americans were not citizens. But the fourteenth amendment overturned that by stating "all persons born or naturalized in the United States are citizens of the United States and of the state wherein they reside."(study.com) This is one of the three amendments that gives political freedom to all of the races. The thirteenth, fourteenth and fifteenth amendments were known as the reconstruction amendments they address voting rights, citizenship and slavery. These amendments definitely did help reconstruct the south after the civil war and it gave us equal rights. America would definitely not be the same without them. The 13th amendment abolished slavery, it stated "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly ... Get more on HelpWriting.net ...
  • 2. The Pros And Cons Of The Bill Of Rights One of the main issues the Anti–Federalists and the Federalists disputed over was if they should include the Bill of Rights. Anti–Federalists believed that the Constitution provided the government a lot of power, and not having a Bill of Rights could lead to tyranny. But the Federalists believed that including the Bill of Rights wasn't required. The Anti–Federalists were responsible for their attempts and for being in the process of creating the Bill of Rights. The Rhode Island case portrayed a very important part in the ratification meeting in Massachusetts. Massachusetts ratified the Constitution, and the ratifying document recommended that the Constitution would be adjusted with a Bill of Rights. After the Constitution was passed, the Congress showed 12 amendments to the states. Only ten of those twelve amendments were approved into the Bill of Rights. Civil liberties keep us safe from the government authority. The Civil liberties are established in the Bill of Rights. The government can't take away the freedoms that are defined in the Bill of Rights. It covers the limits on government authority. The Founders felt that people needed the right to speak and practice any religion without being controlled. And that is protected by the First Amendment. In this time, we take the freedoms to privacy and freedom of speech for granted. Most of the civil liberties are protected by the Bill of Rights. Our view of civil rights and liberties have progressed since Jefferson's day. From ... Get more on HelpWriting.net ...
  • 3. The US Constitution: One of the Best Documents Ever Made There is a constitution in every country to guide the government and to govern the people. With so many struggles facing the United States of America, one thing was for sure, change was needed. A universal law was needed to fix the government and make it more functional. The US Constitution becomes important because it directly states and explains natural born rights and limits the federal government. Both the government and people are bound to obey it. The constitution contains requirements to the powers and duties of government, Americans have been concerned with their rights, the right to practice religion however they wished was one of the primary reasons the first settlers came to America from England. The right of representation and ... Show more content on Helpwriting.net ... Thus, if district lines were drawn on the basis of race, or if discriminatory acts of one district caused segregation in another, an inter–district remedy may be in order. However, this is not the case here (cases.org)." The District Courts cannot redraw the lines of integrated school systems to achieve racial balance in a segregated school system absent an inter–district violation or effect. Milliken is the first case since Brown v. Board of Education, which controlled the power of the federal courts. Until Milliken, the courts had been given broad powers to enforce redistricting, in order to establish racial integration. Milliken did not feel as though redistricting was constitutional, which also helped to limit the powers of the courts. This unlimited power to interpret the law is what makes the constitution flawed. When it comes to the court it is ultimately how they feel as though the founding fathers wanted the law to be read and interpreted. With trying to redistrict borders to minimize segregation was out of the courts hands and was something that needed to be left in the hands of the districts themselves. The Constitution has a lot of issues for a document that has been around for decades. One of the major issues is that the constitution should not be so broad that it leaves room for so much interpretation in the judicial branch because if the constitution does not ... Get more on HelpWriting.net ...
  • 4. 14th Amendment: Important To The Constitution The fourteenth amendment has been and still is the most important amendment in the Constitution. It has been instrumental in improving the rights of citizens and has been used to litigate many landmark supreme court cases; it has been referred to in more court case than any other amendment. written into law on July 9, 1868, the fourteenth amendment grants citizenship to everyone born or naturalized in the United States. Furthermore, it bars states from denying any person life, liberty, or property, without due process of law or to deny to any person within its authority the equal protection of the law. At the outset of the 14 amendment is the due process clause. This clause is similar to the fifth amendment but without the limitations of ... Get more on HelpWriting.net ...
  • 5. The Impact Of The Fourteenth Amendment For centuries, the success of a democratic society has been measured by its commitment to equality, a resounding principle central to our nation's founding. The Enlightenment–inspired language of the Declaration of Independence, namely the age–old axiom that "all men are created equal," pervades our perception of the American creed. However, nearly a century passed before the Lockean principles espoused in the Declaration of Independence began to bear the force of law. Entitling American citizens to due process and equal protection of the law, the Fourteenth Amendment, perhaps the most transformative Amendment of all, has inspired the steady progression of American society. Nonetheless, while the Amendment serves as the chief legal force behind the democratic goal of equality, questions regarding its achievement of that goal ... Show more content on Helpwriting.net ... Regardless of the guarantees evoked in its wording, only court challenges will determine the fulfillment of its intent, demanding a conscientious populace and Supreme Court that evolves in time with the dynamic sentiment of modern society. In another respect, the erroneous conclusion that the amendment itself is immune to criticism must be rejected. For instance, Section II of the amendment permits the disenfranchisement of felons, a provision that ironically has perpetuated the marginalization of those that the amendment was intended to protect. The war on drugs, a campaign that has disproportionately ravaged African–American communities, effectively deprives a substantial percentage of the African–American community of the most basic privilege of citizenship, a consequence that runs counter to the egalitarian quality that defines the amendment. Nonetheless, all things considered, the sheer existence of the Fourteenth Amendment manifests the American commitment to wholly achieving equality, a rewarding work in ... Get more on HelpWriting.net ...
  • 6. The State Of Washington And The United States Facts: The State of Washington is the Petitioner in this case along with the Attorney General. The Respondents are Washington medical physicians. The physicians in this case periodically treated patients that were terminally ill. The physicians claimed that they would provide assistance for the patients in ending their lives if it were not for Washington State's ban on assisted suicides, Wash. Rev. Code § 9A.26.060(1). The Respondents believed that Washington's ban was unconstitutional. In 1993, the Respondent, three terminally ill patients and a non–profit counseling organization for assisted suicide sued the United States District Court claiming that Washington's ban was unconstitutional per the Fourth Amendment of the United ... Show more content on Helpwriting.net ... The en banc decision held that the Constitution in fact encompasses a due process liberty interest in controlling the time and manner of one's death", therefore the state's assisted suicide ban was unconstitutional. The case went before the United States Supreme Court in 1997. After thorough review, the United States Supreme Court held that the Fourteenth Amendments forbids the government's control on fundamental liberty interests unless the infringement was tailored to serve a compelling interest to the state. Issue: Issue 1: Is the State of Washington's ban on conducting or aiding assisted suicide ignore the Fourteenth Amendment of the Constitution? Holding: Issue 1: No. The Plaintiff's had an interest in protecting individuals that were terminally in order to preserve the benefits that every the individual might provide to the community and society as a whole. The Plaintiff's explained that a person's life is too important to allow the individual to claim an entitlement to in making a decision to end their life or the life of another. The goal of the Plaintiff's ban included preventing people from committing suicide due to possible depression caused by their illness. The Supreme Court decided that the State Legislatures would be the best venue for dealing with assisted suicide claims. The Supreme Court ruled that its Court did not need to decide whether the right to die was a fundamental right or not. The Courts ... Get more on HelpWriting.net ...
  • 7. Birthright Citizenship Research Paper Debra Cassens Weiss explains whether the Constitution allows a ban on birthright citizenship. Birthright citizenship is a term that's been in the Constitution well before the 1900's. Birthright citizenship is the concept that any person born in the United States is automatically a citizen. According to the Constitution, "All persons born or naturalized in the United States are subject to the jurisdiction [laws] thereof, are citizens of the United States and of the state where in they reside." The issue with this concept that is functioning in the United States under the Fourteenth Amendment, is, illegal immigrants are traveling to the United States whether it be from the Caribbean, Mexico, or any foreign country are giving labor to children ... Get more on HelpWriting.net ...
  • 8. The Pros And Cons Of Abortion Separation of Powers In the 45th Federalist Papers, James Madison wrote, "the powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite." In 1973, the Roe v. Wade ruling legalized abortion based on the constitutional right to privacy. This ruling declared abortion a right protected by the federal government as dictated by the Supremacy clause in Article VI of the United States Constitution. The Supreme Court's assertion of unlimited access to abortion as a federal concern violates states' rights as it was wrongfully justified. Evidence offered by the fourteenth amendment, various court cases pertaining to abortion, and several philosophical arguments from renowned professors support the shift of the decision from federal to state power. Medical necessity is the only exception in which an individual should be granted unrestricted access to abortion. The fourteenth amendment of the constitution does not constitute the right of the federal government to determine laws regarding abortion. The fourteenth Amendment, passed in 1868, was invoked to protect freed slaves from persecution and unlawful imprisonment, and to ensure they enjoyed equality under the law. The amendment contains no reference to the act of abortion, rather, it ensures that no individual be denied liberty without due process of law. The court declared abortion a federal right by interpreting the fourteenth amendment. Supreme Court Justices interpreted liberty to include a "right to privacy". The constitution contains no such clause referring to this text, either. Therefore, the right to privacy includes the right to an abortion because childbearing is a private matter: "Writing for the justices, Justice Harry Blackmun acknowledged that while 'the Constitution does not explicitly mention any right to privacy,' previous decisions found 'a guarantee of certain areas or zones of privacy.' This guarantee of privacy, Blackmun added, is grounded in several amendments within the Bill of Rights and in the fourteenth Amendment's guarantee of liberty, which taken together create zones of privacy in areas of society such as marriage, ... Get more on HelpWriting.net ...
  • 9. The Constitution Of The United States The Constitution of the United States has governed this country for over 200 years. The Bill of Rights, also known has the first Ten Amendments of the Constitution, has protected the unalienable rights of citizens in the United State. Selective incorporation was used in order to nationalize the Bill of Rights and protect the immunities, rights, and privileges of all United States citizens within the states. The success of Selective Incorporation, along with the 14th Amendment, ensured that states could not put in place any laws that took away the constitutional rights of American citizens that are preserved in the Bill of Rights. Although the 14th Amendment was not taken seriously for almost a century, the Selective Incorporation process ... Show more content on Helpwriting.net ... The Fourteenth Amendment prevented the states from limiting the rights granted to citizens in the Constitution and did not allow the states to enforce their own law. This amendment was nationalized through a process of Selective Incorporation. The purpose of Selective Incorporation was to, not only nationalize the Bill of Rights, but to also protect the immunities, rights, and privileges of all United States citizens. The first eight amendments were 'selected' and 'incorporated' into the Fourteenth Amendment, and through the Fourteenth Amendment, these amendments were nationalized. Through several court cases and rulings, the Bill of Rights were brought into the national spotlight and became protected by the Fourteenth Amendment, which was ratified into the Constitution in 1868. The confusion of whether or not the Bill of Rights applied to solely the National Government began with the Supreme Court ruling in 1833, Barron v. Baltimore, saying that the Bill of Rights only applied on a national level when dealing with governments and did not apply to the states. The ruling of this Supreme Court case was used in order to urge the adoption of the Fourteenth Amendment. In the concluding ruling, it was "declared that its 'privileges and immunities' clause included 'the personal rights guaranteed and secured by the first eight amendments to ... Get more on HelpWriting.net ...
  • 10. Arguments Against The 14 Amendment The 14 amendment is the most important in my opinion because it's the right of equal opportunity between all races. The 14th Amendment to the U.S. Constitution was passed quickly after the end of the Civil War. The war ended in 1865, and the amendment was ratified in 1868. One of the most important parts ofthe amendment is the presumption that states must make sure that people have equal protection of the laws. The Fourteenth Amendment was added in 1868 as one of the longest amendments to the Constitution. With five parts in total, this amendment indicates that we have protection against state infringements, defines citizenship, prohibits states from interfering with privileges and immunities, requires due process and equal protection, punishes ... Show more content on Helpwriting.net ... Does the Fourteenth Amendment "Incorporate" the Protections of the Bill of Rights and Make Them Enforceable against the States According to Hall. This amendment's equal protection clause is one of the primary vehicles for protecting constitutional equality. But before the Civil War, this provision only applied to state governments. How the federal government was held accountable for equal protection when the Fourteenth Amendment applied only to the state level? To answer this question, the federal government is also constitutionally required to afford equal protection of the law and is found in the Fifth Amendment. Hall also concluded that the results today are three primary values represented in the Constitution – Security, Liberty, and Equality. But is arguably until this day, there are constitutional controversies when down to their basic arguments are distilled, involving tension between these values. Hall suggests and gives examples of these tensions: An element to any due process or equal protection claim that requires sufficient government action which means that federal, state, or local– to be ... Get more on HelpWriting.net ...
  • 11. The Pros And Cons Of The Fourteenth Amendment The Fourteenth Amendment has, overall, been a great incorporation into the Constitution through its equal protection clause, due process clause, and other specific feature such as the ability to be show the presence of the separate but equal mindset invested amongst individuals in the Court case of Plessy v. Ferguson, the implementation of said mindset in the decision of the Brown v. The Board of Education Supreme Court case, the usage of the due process clause in the 2000 presidential election between Republican George W. Bush and Democrat Al Gore, and both equal protection clause and de process clause in the more recent case of obergefell v. hodges. First off, Plessy v Ferguson is a prime example for the use of the fourteenth amendment's equal protection clause protecting Homer Plessy, enforcing a "separate but equal" mindset among the people touched by this court case, and demonstrated the strength of the equal protection clause. Homer Plessy In the 1892 incident, Plessy refused to sit in Jim Crow car (expression meaning Negro, racial segregation directed toward African Americans), breaking Louisiana law. At first the Supreme Court didn't believe his constitutional rights were violated. Their reason behind this is that it was a state law that "implies merely a legal distinction" between whites and people of color. To them, it did not violate the 13th or 14th amendment. This state law was Louisiana's, the law was about providing "separate but equal accommodations for the ... Get more on HelpWriting.net ...
  • 12. Importance Of The 14th Amendment One of the most influential, as well as controversial, changes to the United States constitution is the Fourteenth Amendment. A majority of the Supreme Court's most famous cases have used this change in some way. Because this amendment has been used countless times as defense in court cases, it has greatly influenced decisions in the United States, making it one of the more influential additions to the Constitution. Even though this amendment is commonly used, it is also remarkably controversial. It can be said that the controversy of this change can be derived from the complexity of the amendment. In order to understand the basic principles of this reform, it is important to look at the historic value, as well as the current value it holds. The Fourteenth Amendment has been used as defense in a majority of Supreme Court cases, has a deep history, and is still relevant today. Within the Fourteenth Amendment, it describes that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This relates back to the question, "What are the basic purposes of the Fourteenth Amendment?", due to the fact that it defines the amendment, showing its purpose to allow equal protection with all citizens in the state. Section 1 of the Amendment does not allow states the given privilege to deprive anyone from their rights of "life, liberty or property without due process of law." Now, due process of law is the action of all levels of the American Government ... Get more on HelpWriting.net ...
  • 13. California Vs Bakke Case Study Regents of California v Bakke (1978) Question: Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school? Background: The University of California used racial quotas to reserve 16/100 seats for "Blacks, Chicanos, Asians, and American Indians." Bakke's scores were much higher than any members of these racial groups who were recently admitted. Bakke's application was rejected twice, so he sued the University. He argued that the University's policy violated the Constitution, under Title VI of the Civil Rights Act of 1964 and the Equal Protection clause. Opinion: The court ruled that the University of California's policy was unconstitutional. They argued that a state is permitted to use race as a factor, however ... Show more content on Helpwriting.net ... Even though it was not mandatory that did not change the fact that the First Amendment prevented government interference with religion. Since America encompasses many various religions, it would be unfair to endorse a particular one, or else all of the religions would have a right to recite their respective prayers at the beginning of the day. This would also suck up lots of valuable class time. Baker v Carr (1962) Question: Did the Supreme Court have jurisdiction over questions of legislative apportionment? Background: Urban areas in Tennessee were growing, and were gradually becoming big enough to be represented. The state legislature of Tennessee set the number of legislators for each county. Baker, the mayor of Nashville, went to court saying that this was violating the equal rights given by the Fourteenth Amendment. The Federal Court refused the case, saying that they did not want to meddle in state districting, so it was sent to the Supreme ... Get more on HelpWriting.net ...
  • 14. The Amendment Of The Fourteenth Amendment The Fourteenth Amendment stopped unlawful actions by states. It also gave Congress the power to enforce the amendment through new laws that benefited and were fair to everyone. The Fourteenth Amendment represents part of the extension of the power of the national government over the states. It has been cited in more court cases than any other part of the Constitution. It made it possible for new legislation that has protected the rights of many throughout the United States and has helped uphold equality. Although the language is simple it has caused lots of controversy over its interpretation. Beginning with the Slaughterhouse Cases, the Supreme Court has decided cases involving the Fourteenth Amendment by being selective about how to apply the most minimal rights needed to decide each case, and never really declaring that the Fourteenth Amendment protects all rights recognized by the Constitution. This has led to the adoption of selective incorporation and unremunerated rights. The Slaughterhouse Cases, 83 U.S. 36 (1873), was the Supreme Courts first time attempt to interpret the Fourteenth Amendment in its relation to peoples Constitutional rights. It was important in establishing the privileges and immunities clause. Ratification provided the Supreme Court with a way for protecting economic rights starting with overturning the Dred Scott v. Sanford case, 60 U.S. 393 (1857). The Amendment started out with the idea to make sure that blacks would not be denied their ... Get more on HelpWriting.net ...
  • 15. Why Is The 13th Amendment Important The thirteenth, fourteenth, and fifteenth amendments are all important; they each deal with fundamental human rights and are unique in their own ways. Each amendment is special in the sense that they each deal with different scenarios brought on by early American racism and the unstable government. The thirteenth amendment deals with the abolition of slavery, the fourteenth amendment deals with civil rights, and the fifteenth amendment deals with voting. The thirteenth amendment is important because it states that we cannot have slaves or servants that do not want to work for you. This is good because it gives people a law regarding slavery and it abolished slavery as a whole. Although, it also tells us that you can work slave labor if convicted for a crime. The question of the legality can be answered simply. Our country was founded on the proposition that all men were created equal and slavery still being legal is a direct contradiction to this proposition. Because of this, the 13th amendment was justified as it embraces what the founders believed and gives true justice to millions of slaves living in oppression. ... Show more content on Helpwriting.net ... An everyday example of this amendment would be being born in the United States. At birth, the fourteenth amendment automatically grants citizenship, provided the family is here legally. Another example would be the Dred Scott trial. He was an African American that was sued for his freedom, unsuccessfully. "Persons of African descent cannot nor were ever intended to be, citizens under the U.S. Constitution". This case gives weight to justify the fourteenth amendment, as prior to the amendment, African Americans were not considered full citizens. With the establishment of the fourteenth amendment, African Americans were finally given recognition as citizens on both the federal and state ... Get more on HelpWriting.net ...
  • 16. How Did Homer Plessy Violate The Supreme Court In 1890 In 1890, the Supreme Court passed a Louisiana law that stated that all passenger railways provided separated cars for blacks and whites. They separated whites and blacks and punish passengers or employees for violating this law. On June 7, 1892 Homer Plessy took a vacant seat in a white only car on his trip between New Orleans and Los Angeles. Plessy was arrested because he was mixed, but was preferred as black and was put to trial for violating a law that was passed by the Supreme Court in 1890. Plessy felt that the Supreme Court was treating blacks unequal, so he filed an authority against the judge, Hon John H. Ferguson. Plessy argued that the segregation law violated the Equal Protection clause of the fourteenth amendment as well as the ... Get more on HelpWriting.net ...
  • 17. Pros And Cons Of Marriage Equality We live in America on the land of the freedom, where citizens are promise liberty. Today, I would be explaining the pros and cons of constitutionality of marriage equality. As many things happening in our world, marriage equality has been an issue for many years. Where LGBT community were not allowed to get marry under the law. Is one of the most recognized topic in the United States. Drastically it has caused a mass of controversy among society and the government. Socially there is a part of the world that agrees and others oppose. First, is Baker V. Nelson the Supreme Court in Minnesota. John Baker and his partner Michael McConnell were applying for a marriage license. Gerald R. Nelson the clerk decline the marriage license. Therefore, the couple decided to file a lawsuit against the clerk. The article, Baker V. Nelson: The Often–Forgotten Supreme Court Same–Sex Marriage case. According to the editor Donald Scarinci stated that, in 1972, the Court ruled that a Minnesota same–sex couple had no constitutional right to marry. Both individuals argue that their rights were being violated beneath due process and their equal protection clause under the fourteenth amendment. Second, The Defense of Marriage Act as referred to DOMA. DOMA was established in Sept 21, 1996. In the article, "The Defense of Marriage Act and the Overextension of Congressional Authority" written by Scott Ruskay– Kidd. It explains that, President Clinton signed into the law the Defense of Marriage Act ... Get more on HelpWriting.net ...
  • 18. The Amendment Of The Fourteenth Amendment John A. Bingham, Republican of Ohio had long been a believer in the idea of equal protection of the laws for all people, and was one of the leaders of the effort to pass the Fourteenth Amendment. While aware of the need to prove the constitutionality of the Civil Rights Act with the Fourteenth Amendment, Bingham did not actually believe that the Fourteenth Amendment created any new rights. Rather, he believed that it created a new understanding of rights already in the Constitution. Bingham maintained that, "The...equal protection of each [in] those sacred rights which are as universal and indestructible as the human race...are by this Constitution guaranteed...'" The guarantee to which Bingham was referring is contained in the Fifth ... Show more content on Helpwriting.net ... This statement encapsulates why the framers of the Fourteenth Amendment found it necessary to include that, "No state shall...deny to any person within its jurisdiction the equal protection of the laws." Bingham's reading of the Constitution already incorporated this point, but Rogers' certainly did not, so by placing it in the Fourteenth Amendment, the framers ensured beyond all doubt that the right of all citizens to equal protection of the laws would be part of any subsequent reading of the Fourteenth Amendment. The Fourteenth Amendment accomplished three important things in terms of providing equal protection of the laws. These three things, which are found in Sections 1 and 5, were providing a definition of citizenship, declaring what protections states were required to give to their citizens, and giving the federal government broad power to take action against states that did not provide the necessary protections to their citizens. While it might at first seem superfluous, one of the most important parts of the Fourteenth Amendment was that it provided a definition of who was a citizen of the United States. However, in the infamous Dred Scott decision, the Supreme Court, led by Chief Justice Taney had held that, "A free negro of the African race... is not a 'citizen' within the meaning of the Constitution of the United States," and thus, only whites were entitled to constitutional rights. The ... Get more on HelpWriting.net ...
  • 19. Due Process Vs 14th Amendment "The right to due process," the only phrase respeated more than once in the Constitution, is guaranteed by both the fifth amendment and the fourteenth amendment. The notion that no one should be deprived of "life, liberty, or property without due process of law," has become a crucial part of the foundation of the American legal system. Ascertaining over eleven different rights, including the right to a trial, counsel, habeas corpus, and protection from unreasonable search and seizure, the due process clause ensures that everyone is treated equally and has the same rights as any other individual involved with the judicial system. The original premise of due process dates back to 1215 to the publishing of the Magna Carta. Designed to suppress an impending revolt by King John's disgruntled elite class, the Magna ... Show more content on Helpwriting.net ... It allows for all individuals, whether they are citizens of the United States or not, to have equal opportunity within the judicial system. The due process clause in both the fifth and fourteenth amendments, limit the powers of the federal and state governments. Requiring state and federal law enforcement and judicial systems to meet certain criteria through the arrest, detainment, and trial processes, ensures that no (or limited) abuses of power can occur. Most of the rights that due process defends, guarantee reasonable, non–assumptive protections; right to a trial, counsel, to know charges of the alleged crime, to face one's accuser, to be tried by an unbiased judge, and so on. They are highly reasonable rights that safeguard fair, uncorrupted legal procedures. In addition to upholding rights, the fourteenth amendment also contains an equal protections clause which establishes everyone's right to due process regardless of race, socioeconomic status, or any other perceived difference that has historically been used to subordinate a specific group of ... Get more on HelpWriting.net ...
  • 20. The Fourteenth Amendment and Equality Under the Law Essay 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, ... Show more content on Helpwriting.net ... The purpose of the Fourteenth Amendment was to make citizenship of black individual permanent and secure. The amendment did not entirely universalize citizenship because it left out the right to vote, hence the need for the Fifteenth and Nineteenth Amendments granting the right to vote to blacks and then to women, respectively. The Supreme Court under Justice Miller rejected that the ? amendment?s privileges and immunity clause incorporated the Bill of Rights, holding that the only rights protected were access to Washington D.C., and coastal seaports; the right to protection the high seas; the right to use navigable waters of the United States; the right to assembly and petition; and the privilege of Habeas Corpus.? It wasn?t until the 1960?s that this amendment really came into play. The amendment is used to protect our civil rights and liberties as Americans. The Supreme court recognized in 1925 with Gitlow v. New York that the Bill of Rights was meant for all people, not just rich, white males. The court held that freedom of speech and of the press were basic personal rights that were protected by the due process clause of the Fourteenth Amendment, ?No? State shall deprive any person of life, liberty or property with out due process of law; nor deny to any person..equal protection of the law.? In the 1960?s the court then applied that clause to those accused of crimes. They more thoroughly interpreted the Eighth Amendment, ... Get more on HelpWriting.net ...
  • 21. The Establishment Clause The First Amendment to the United States Constitution states "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" (U.S. Const. amend. I). The Establishment Clause which derives from "Congress shall pass no law respecting an establishment of religion" was added to secure that state and church would be separate. In the 1971 the landmark case Lemon v. Kurtzman was heard by the Supreme Court and questioned "Do statutes that provide state funding for non–public, non–secular schools violate the Establishment Clause of the First Amendment?" ... Show more content on Helpwriting.net ... Constitution left education powers to the States and this is evident in the opening Article of the Florida Constitution where it states "The state board of education shall be a body corporate and have such supervision of the system of free public education as is provided by law. The state board of education shall consist of seven members appointed by the governor to staggered 4–year terms, subject to confirmation by the senate. The state board of education shall appoint the commissioner of education" (Art IX, § 2(a), Fla. Const.). Current Issues in Education As previously states the 14th Amendment of the U.S. Constitution upholds our founding fathers views of everyone being created equal, despite ones race, color, gender, sexuality, nationality, or sexual orientation. There are several issues we see today in our schools. An example would be the bathroom policy for transgender students. This was seen in Students and Parents for Privacy v. Unites States of Education. The case questioned whether the Department of Education and Township of High School District 211 could make students use the restroom and locks with opposite sex ... Get more on HelpWriting.net ...
  • 22. Importance Of The 13th Amendment Danny Dallas Mr. Mckown Government 12–5–17 Reconstruction era and amendments I am going to discuss how the reconstruction era prompted the thirteenth, fourteenth, and fifteenth amendments and say what the amendments are and why they are important. The thirteenth amendment was important to the slaves. The 13th Amendment to the Constitution declared that "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("loc.gov13th")." Formally abolishing slavery in the United States the 13th Amendment was passed by the Congress on January 31 1865 and ratified by the states on December 6 1865("loc.gov13th"). This amendment is important because it ended slavery for everyone that was a slave in America. On June 13 1866 Thaddeus Stevens the Republican floor leader in the House of Representatives and the nation's most Radical Republican rose to address his Congressional colleagues on the Fourteenth Amendment to the Constitution("CivilWar.org"). Stevens had always fought for the struggle against slavery and for equal rights for black Americans("CivilWar.org"). In 1837 as a delegate to Pennsylvania's constitutional convention he had refused to sign it because it didn't give African Americans the right to vote("CivilWar.org"). During the Civil War he ... Get more on HelpWriting.net ...
  • 23. What Are The Pros And Cons Of The 13th Amendment "Three hundred years of humiliation, abuse and deprivation cannot be expected to find voice in a whisper."( Hudkins,1964) Martin Luther King Jr. said to a group of people in 1963, which suffered exploitations, oppressions and discriminations from the white race for almost ninety years. Actually, they were black people, who once were slavers before 1863. Slavery, which was a part of America, brought countless pains to African Americans. After Lincoln published the Emancipation Predication, slavery was abolished. Moreover, the Thirteenth, Fourteenth and Fifteenth Amendments to the U.S. Constitution were ratified subsequently, in order to address slavery, citizenship and voting rights. However, it was not a dawn but a nightmare, because the white race inherent thoughts and cultures that black people did not get any fair treatments but ... Show more content on Helpwriting.net ... The amendment reads: "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.", which was designed to prohibit discrimination against voters on the basis on race or previous condition of servitude. Although it ratified, the Fifteenth Amendment would not be completely realized for almost a century. In the ensuing decades, southern states tried to prevent African Americans from exercising their rights to vote by various discriminatory practices including poll taxes, grandfather clauses and literacy tests, along with violence and bullying (Fifteenth Amendment). Afterwards, because of the Voting Rights Act, which signed by President Lyndon in 1965. It finally conquered legal barriers at states that denied of right of African Americans to vote under the Fifteenth Amendment. Eventually, African Americans got their voting rights though their arduous ... Get more on HelpWriting.net ...
  • 24. Essay about I Am An American Since the 1800s, immigration has been considered a problem that is out of control in the United States. Government officials have claimed that the issue of birthright citizenship is the core of the dispute over immigration. To try and remedy this situation, holders of public office have held hearings and debates in an attempt to "redefine" what it means to be an American citizen. Birthright citizenship is the term used to refer to the citizenship that is granted to an individual who is born on the associated territory. Providing an individual with citizenship of any state or country means that one now has the rights, privileges and duties of a citizen in the related region. In the United States, birthright citizenship is a highly ... Show more content on Helpwriting.net ... This text implies that any individual, no matter their original location, is subject to the privileges of an American citizen. Some argue that the language of the Fourteenth Amendment has been misinterpreted and abused as time has passed. The backbone for this argument? – "Subject to the jurisdiction thereof." In the Fourteenth Amendment, this phrase holds the key to why birthright citizenship can be deemed unconstitutional. Government officials say that these key words were put in the constitution to specifically to exclude Native Americans born on reservations and any other foreign national. In 1884, the case of Elk vs. Wilkins was brought to the attention of the U.S. Supreme Court. In this case an Indian named John Elk, who was born on a reservation within the U.S. border, was denied the right to vote by Charles Wilkins even though he had moved to a non– reservation territory and separated himself from his tribe. Elk argued that he deserved the right to vote as a U.S. citizen because based on the Fourteenth Amendment he was granted automatic citizenship for being born in the United States. The U.S. Supreme Court came to the conclusion that Elk was not considered an American citizen just because he was within U.S. jurisdiction. It was stated that in order to be considered a citizen of the United States, you cannot owe ... Get more on HelpWriting.net ...
  • 25. Argumentative Essay On The 14th Amendment The fourteenth amendment states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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 laws"(Constitute). President Abraham Lincoln and John Bingham wrote the amendment to ensure the rights and freedom of African–Americans (Magliocca 2013). Even though Republicans aspire to change the fourteenth amendment, birthright citizenship should not be changed ... Show more content on Helpwriting.net ... The amendments ensure equality for people and suppress anti–federalism. In addition James Madison wrote "that as they[aliens], owe, on the one hand, a temporary obedience, they are entitle in return, to their constitutional protection and advantages" (Contreras 2017). However, Republicans mentioned that when the fourteenth amendment was written at a time were there was no illegal immigrants, people could walk from one country to the next. On the other hand, in article 1, section 8 clause 4 of The Constitution grants congress the exclusive power to establish a uniform rule of naturalization meaning "any alien being a free white person ... of good character[,] who had reside in the country for at least two years to become a U.S. citizen by swearing an oath to support the constitution (Association 2017). Meaning that immigration was a problem when the amendment was written, but the search to make the country prosperous became more important and have its own laws. Furthermore, by not changing the fourteenth amendment, no child would be without a country to call their ... Get more on HelpWriting.net ...
  • 26. The Importance of the Thirteenth, Fourteenth, and... The Thirteenth, Fourteenth, and Fifteenth Amendments of The United States Constitution were important for implementing a total reconstruction of America and the blessings of of liberty to everyone that lived within the borders or our country. These ideas of equality would be reached out to the entire population including but not limited to slaves and their descendants and all American Citizens. These Amendments were especially important to African Americans and minorities who were the main victims of slavery and inequality during the time periods in which these Amendments were ratified. These amendments changed the way America operated as a country from politics to human rights and equality by granting freedom to sformer slaves and the ... Show more content on Helpwriting.net ... This change to society was the fore father for the push for equality for not only African Americans but for all races of people. The evolution of the Thirteenth has not changed much since its ratification. The Amendment itself is self holding. The use of the Thirteenth Amendment has been used in not only cases for African American slaves of the past but most recently binded to the aspects of human trafficking and involuntary prostitution. The evoulution of the "The Thirteenth Amendment provides the federal government with the power to enact legislation that criminalizes certain private acts of discrimination. Congress may pass necessary and proper laws that can reasonably be expected to end subordinating infringements against individual rights. In significant circumstances, the Thirteenth Amendment covers anti–social behavior that is beyond the scope of the Fourteenth Amendment and Commerce Clause, even though these two are more commonly relied on for civil rights enforcement. (Tsesis)." The Fourteenth was adopted to the United States Constitution on July 9, 1868 and ratified on July 18, 1868. This amendment addresses citizenship rights and equal protection of laws to all United States Citizens, everyone has the right to due ... Get more on HelpWriting.net ...
  • 27. Rock N Roll And The Civil Rights Movement Description of the Civil Rights Movement and rock music Rock 'n' roll reflects the values of the Civil Rights movement of the 1960s and helps the movement convey its message. The Civil Right Movement addressed three areas of discrimination: education, social segregation, and voting rights. Origination of the Civil Rights Movement and rock music African Americans, since the end of the American Civil War, have struggled to achieve equality. In 1865, the Thirteen Amendment to the United States Constitution ended slavery, and follow in 1967, the Fourteen Amendment granted citizenship rights and equal protection under the law. In addition, the Fifteen Amendment of the United States gave African American men the right to vote in 1870. Even though these legal protections were passed, African Americans continued to challenge with economic, social and political discrimination. Since, the beginning of World War II, a small number of Americans had fought for equality, however, by the end of World War II, a more structured Civil Right Movement came to reform. Thus, Rock 'n' roll was a logical development in music influenced by the same factors pushing the Civil Rights Movement forward. Issues The Civil Right Movement addressed three areas of discrimination: education, social segregation, and voting rights. Discriminations in the area of education raised a question: do separate but equal doctrine in public school deny black children of the equal protection of the laws ... Get more on HelpWriting.net ...
  • 28. Government Enforcement, Crime And The American Population... On July 4, 1776, thirteen colonies declared independence from English rule, eventually forming the United States of America ("American History," 2016). Built upon a unique platform of autonomy, the United States provides citizens with freedoms not present in other countries. In order to preserve such freedoms, the Constitution of the United States was enacted in 1797, outlining an array of rights and privileges afforded to all citizens of the country ("American History," 2016). However, as in any society, crime and abuse pervaded the peace of the nation, continuing to date. Methods of public, social control span deep into the history of the United States, in an effort to combat wrongful, illicit activity, or crime. With the first official police force established in 1838, law enforcement has grown rapidly within the nation, employing millions (Bureau of Justice Statistics, 2015). Nevertheless, with the evolution of law enforcement, crime and the American population have also evolved. In the present–day United States, fear and unrest regarding personal rights and freedoms are overwhelmingly prevalent, often creating controversy between the public and the police. Under democratically–inspired legal restraints, notably the Bill of Rights, the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution ensure the personal rights and freedoms of American citizens against certain police–related matters. The Fourth Amendment to the United States ... Get more on HelpWriting.net ...
  • 29. The 14th Amendment Incorporation Doctrine Due Process Clause 10/8/17 Topic: #2 14th Amendment Incorporation Doctrine Due Process Clause The intent of the fourteenth Amendment was to establish and protect equal rights for all, but most importantly–the former slaves. The fourteenth Amendment granted a unique form of citizenship to the recently freed slaves and their future families, while also containing the framework of rights and protections that would be a part of this new type of citizenship. The fourteenth Amendment redefined the entire idea of citizenship. Before the reform of the 14th Amendment, citizenship under the constitution was in reference to all free white males or person of the original thirteen states and any other states admitted to the union. This parameter granted protection of life, liberty, property and civil rights and immunities from the government. However, especially in the southern democratic colonies, slaves were seen as property, Inferior and non– citizens. They had no rights, neither was there any protection for them under the law. The ratification of the 14th Amendments changed such ideology. To compensate for all the injustices the slaves suffered, this amendment was there to offer some level of hope. The clauses under the Amendment provided some framework of protection for everyone. The equal protection clause requires that states under their jurisdiction; equal protection to everyone, while rejecting any discrimination to anyone. The Due Process Clause prevents local and state ... Get more on HelpWriting.net ...
  • 30. Cons Of The 14th Amendment The Fourteenth Amendment (Amendment XIV) The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states. This document drastically changed the perception of the citizens, showing that it protected the civil rights of whites and blacks. While the fourteenth amendment was instated to expand citizenship, it has caused controversy and debate in the court system with two major key points, the Equal Protection and Due Process Clauses. The 14th amendment was ratified by the Supreme Court in 1868 granting numerous the African Americans citizenship, but with citizenship comes equality. The 14th amendment is split into five sections. Section one is the most important of them all and it states, "All persons born or naturalized in the United States, and subject to the ... Show more content on Helpwriting.net ... The Due process in the 14th amendment is the same as the due process in the fifth but it regards the states. "It acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law" (Madison 2010). The due process clause has been upheld and seen in many Supreme Court cases. The most influential and infamous was Roe v. Wade which said the right of privacy under the due process clause of the14th Amendment extended to a woman's decision to have an abortion. Due process upholds citizens' rights and does not let the government take them away. This clause is important so the people can be protected from the government, which has been a fear for ... Get more on HelpWriting.net ...
  • 31. The Rights Of State Governments And The Federal Government Selective Incorporation, also called the Incorporation Doctrine, says that states cannot enact laws nor make court rulings that take away the constitutional rights of American citizens that are given by the Bill of Rights. Origins of this doctrine dates back to the beginning of constitutional America. There were debates over the relationship between the rights of state governments and the federal government. To guarantee that certain rights were not limited, the Federalist, an early political party, had insisted that the Bill of Rights to be added to the Constitution before they signed it. But even years after the addition of the Bill of Rights to the constitution, there are still debates over the extent of the relationship the federal government has with state governments. On July 9, 1868, the Fourteenth Amendment was ratified stating "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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." Since then this amendment has continued to play a divisive role in criminal procedures throughout history. The amendment guarantees the right to fairness in decisions made in a ... Get more on HelpWriting.net ...
  • 32. Separation Of Abortion In The 14th Amendment Of The... Separation of Powers Victoria Smith College of the Ozarks Separation of Powers In the Federalist Paper no. 45, James Madison wrote, "the powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite." In 1973, the Roe v. Wade ruling legalized abortion based on the constitutional right to privacy. This ruling declared abortion a right protected by the federal government as dictated by the Supremacy clause in Article VI of the United States Constitution. The Supreme Court's assertion of unlimited access to abortion as a federal concern violates states' rights as it is wrongfully justified. Evidence offered by the Fourteenth Amendment of the Constitution, various court cases pertaining to abortion, and significant historical documents support the shift of the decision from federal to state power. Medical necessity is the only exception in which an individual should be granted unrestricted access to abortion. The fourteenth amendment of the constitution does not constitute the right of the federal government to determine laws regarding abortion. The fourteenth Amendment, passed in 1868, was invoked to protect freed slaves from persecution and unlawful imprisonment, and to ensure they enjoyed equality under the law. The amendment contains no reference to the act of abortion, rather, it ensures that no individual be denied liberty without due process ... Get more on HelpWriting.net ...
  • 33. Due Process Of Law: Miranda V. Arizona Due Process of law is an integral part of the United States legal system that derived from English law. The process can best be described in one word, fairness. It assures that all people receive equal treatment under the law from an arrest through adjudication. The Due Process clause acts as a safeguard for a defendant that the Government is acting in a fair way and safeguards the accused from any arbitrary denial of "of life, liberty or property without due process of law." (Staff) Courts have handed down many decisions about Due Process. The one decision that affected law enforcement most was the 1966 Supreme Court case of Miranda v. Arizona. The arrest, in 1963, involved Ernesto Miranda by the Phoenix Police Department for kidnapping ... Get more on HelpWriting.net ...
  • 34. Persuasive Essay On The 14th Amendment The Fourteenth Amendment to the Constitution of the United States is perhaps the most sweeping and has likely impacted the general jurisprudence of the Supreme Court the most of any other amendment. This is because, where all other right–protecting amendments protect something specific, the fourteenth amendment was designed to ensure that states guaranteed due process rights, applied the law equally, and protected the "privileges [and] immunities of citizens of the United States." Because of this language, the Fourteenth Amendment appears to be – and to some extent is – simply the application of the Fifth Amendment, and through selective incorporation, the rest of the Bill of Rights. To that end, the Fourteenth Amendment possesses a fortuitous expansion to the simple due process right: the right to equal protection of the laws. Laws that appear to violate the Equal Protection Clause thusly receive the same kind of scrutiny that other fundamental rights are given. The Fourteenth Amendment is relatively new compared to the Bill of Rights, having been passed in 1868. The first major case that dealt with the amendment were the Slaughterhouse Cases in 1872. In those cases, a group of slaughterhouses that were put out of business by a Louisiana law creating a monopoly claimed that they were denied equal protection under the law. Though the court ultimately denied their claim primarily on the basis that the Privileges and Immunities Clause does not apply to the states, they also ... Get more on HelpWriting.net ...
  • 35. Bill of Rights Bill of Rights & Amendments Paper Intro The United States is a country that was founded on the principle of freedom; it took the Bill of Rights to be added to the Constitution to guarantee citizens freedom. The Bill of Rights consists of the first ten amendments in the constitution; a document that outlines how the new American government would be created and operated. The Constitution was ratified in 1788 which was the start of protecting the interests of each citizen, two years later the Bill of Rights was proposed by congress and went into effect in 1791. It was designed to prevent the government from taking total power over citizens and to provide them with legal defenses. This essay will discuss the understanding of how ... Show more content on Helpwriting.net ... However, it was not until "the Voting Rights of 1965 that aimed to overcome legal barriers at the state and local levels that denied blacks their right to vote under the 15th amendment" (The 15th Amendment: Ratification, 2012). This had to happen because despite the amendment people were still using discriminatory practices against the blacks. There is a difference between the earlier amendments and the later ones because many of the earlier ones like the Bill of Rights were about civil liberties. The 19th through the 27th amendments dealt with political rights and technical issues. For example one of these amendments granted women the right to vote and some clarified the succession to the presidency and vice presidency. The later amendments work to increase political rights and to conform the details of our system of government. Conclusion Our individual rights are the most traditional and valued accomplishment of the United States, there are other states that are not entitled to have such rights. Each of the amendments are very important to how we live in today's society; the first ten which is the Bill of Rights grants Americans their freedom. Our founding fathers had a vision on what they wanted America to become they laid the foundation for the constitution and allowed modification if necessary they knew that America would grow and the constitution would need adjustments; that is exactly what ... Get more on HelpWriting.net ...
  • 36. The Achievement Of The National Association For The... As a result of Addams hard work and reputation, she was then drawn into a larger field of responsibility. She was one of the first members of the National Association for the Advancement of Colored People (NAACP). She was appointed to Chicago's Board of Education, and in 1909 she became the first woman president of the National Conference of Charities and Corrections. "In 1911, she was elected vice president of the National American Woman Suffrage Association." Years later, in 1915, she accepted the chairmanship of the Women's Peace Party. Addams also served as president of the Women's International League for Peace and Freedom until 1929. These advancements in her career led her to be very admired by her peers but also led to disapproval of her thoughts. When Addams began making speeches against World War I, she was no longer invited to speak to groups. "In 1931 Addams became the second woman to be awarded the Nobel Peace Prize. This important award honored her work for peace. She received a peace medal and $16,480... She gave the money to the Women's International League for Peace and Freedom." National Woman Suffrage Association (NWSA) opposed the Fifteenth Amendment, while the American Woman Suffrage Association (AWSA) supported the new law. Stanton and Anthony founded the NWSA first. Article 2 of the Constitution of the organization states, "The object of this Association shall be to secure STATE and NATIONAL protection for women citizens in the exercise of ... Get more on HelpWriting.net ...
  • 37. Military Rule Of The Civil War Case 7 1. The Court ruled that neither Congress nor the president could grant the military the authority to try civilians, so long as civilian courts were still functioning. 2. General Hovey probably thought a military court would easily declare Milligan guilty, while a civil court had a good chance of declaring him innocent. 3. According to the Court's ruling, military rule would take precedence over civilian authority when civilian courts were not operating. For example, during a war where the civil courts stopped functioning. 4. Four Justices thought it was Congress, rather than the courts, who should be responsible for deciding whether a military court could try civilians. 5. Habeas corpus is an important part of the Constitution because it prevents a prisoner being held for an indefinite amount of time long without having formal charges filed against them. This is important in restricting the ability of governments to deny personal freedoms. This case occurred a year after the Civil War ended. The country was weakened and trying to get back together, so this decision may have been made in order to get the country back on the right track by reinforcing the strength of the federal government. The Milligan case defended the writ of habeas corpus written in the Constitution. It ruled that a citizen could not be tried by a military court unless the civil courts were closed. The decision made prevents any citizen of the United States from not being given a fair trial, ... Get more on HelpWriting.net ...
  • 38. Should The Citizens Obey The State Law? In the twenty century, the U.S society was in the period of tending to be a human base society. The laws in America were introduced to create a fair and regulated society for its citizens. The First and Fourteenth Amendment of Constitution granted that the U.S citizens have the freedom of speech. And the New York State had its law of Criminal Anarchy Act since 1902 for "organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means (n.p)." The citizen in the any state of the U.S should always both obey the state law and follow the national constitution. Otherwise, the citizen would get corresponding punishment for jail, ... Show more content on Helpwriting.net ... The United States Supreme Court considers about the national interest to judge the guilt of Gitlow's behavior. First of all, the First Amendment of Constitution about the citizen's freedom of speech is not complete. It does specify the treatment to some special situations. In the "Ayn Rand Column", it records Ayn's understanding go the freedom of speech mentioned in the Fist Amendment of Constitution. Freedom of speech includes the freedom not to agree, not to listen and not to support one's own antagonists. A "right" does not include the material implementation of that right by other men; it includes only the freedom to earn that implementation by one's own effort (n.p). As a citizen of America, Gitlow has the rights to express his opinions in politics, but his speeches were clearly harmful for the harmony of the whole society. Moreover, his speeches were unlawful in the state laws of New York. Citizens' rights and their responsibilities should be balanced. While the government grants citizens with the rights of free speech, individuals should also control their speech in a certain limited way. Citizens should not do anything that violates other citizens' rights, or even cause danger to the whole society because the entire citizens have the equal rights to be protected. Benjamin Gitlow's speeches of anti–government conflicted with the law in New York State. The state government would able to supervise ... Get more on HelpWriting.net ...
  • 39. The Importance of the Fourteenth Amendment to the United... 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, ... Show more content on Helpwriting.net ... The conquering North was hoping to, as was said by Abraham Lincoln in his Second Inaugural Address, "bind up the nation's wounds," and obtain, "a lasting peace, among ourselves, and with all nations." However, the South, while it had been forced to discontinue slavery, was not prepared to accept Blacks as equal citizens, either politically or socially. In late 1865, Southern states began creating the set of laws that became known as the "Black Codes," severely restricting the rights of the newly freed African–Americans living in the South. The degree to which the Black Codes limited freedom of African–Americans would eventually become one of the major motivations for the passage of first the Civil Rights Act of 1866, and finally, in 1868, the Fourteenth Amendment. By March of 1866, eight states of the former Confederacy had adopted various laws limiting the freedoms of African–Americans. In the Slaughterhouse Cases (1873), some of the first Supreme Court cases to deal with the Fourteenth Amendment, the opinion of Justice Samuel F. Miller provided a listing of the rights that had been abridged under the Black Codes: "[African–Americans] were in some states forbidden to appear in the towns in any other character than menial servants. They were required to reside on and cultivate the soil without the right to purchase or own it. They were excluded from many occupations...and ... Get more on HelpWriting.net ...