1. What Is The 13th Amendment
The specific part of the Constitution that was involved was the Thirteenth Amendment and the Fourteenth Amendment. These two amendments held
great power but unfortunately did not overpower the law. As a result of the Thirteenth Amendment, discrimination done in public areas had no
relevance to the prohibition of slavery. The Thirteenth Amendment was established to prohibit slavery to people; however, it did not apply to these
cases. These actions were due to the acts of discrimination of private businesses and their own doings. In Constitutional Law: Principles and Practice
Hames & Ekern states, "Parties in the Civil Rights Cases also argued that the Thirteenth Amendment authorized Congress to enact the law in question.
Plaintiffs argued that
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2. 13th Amendment Essay Questions
Do you know?
1.What the Thirteenth Amendment provides? The Fourteenth Amendment?
The Thirteenth Amendment provides neither slavery nor involuntary enslavement, except as a punishment for crime of which the party shall be duly
convicted, shall exist within the United States, nor any place subject to their jurisdiction. This was ratified in1865.
The Fourteenth Amendment provides citizenship or naturalization; also that all children born in the United States become American citizens despite the
citizenship of his/her parents. This was ratified in1868.
2.How procedural due process and substantive due process differ?
Procedural due process is when the aspects of the due process clause that relate to the procedure of arresting and trying persons...show more content...
4.What the importance of Griswold is?
The importance of Griswold is for the Supreme Court to distinguish fundamental unenumerated rights within the Due process clause.
5.How enumerated and unenumerated rights differ and the two types of standards used by the Supreme Court to evaluate them?
The Enumerated rights are basically documented explicit rights incorporated against the states and always evaluated with severe scrutiny; meanwhile
unenumerated rights are rights not specified or stated in the Bill of Rights or the Constitution but exist through the liberty guaranteed by the 14th
Amendment, which are assessed either fundamentally or nonâfundamentally.
6.How discrimination differs from prejudice?
This is how discrimination differs from prejudice: discrimination is a behavior whilst prejudice is an attitude
7.What significance the Dred Scott decision had?
The significance the Dred Scott decision had proclaimed that freed slaves do not have the right to remain free in a territory or province where slavery
was still considered
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3. 13th Amendment Speech
Today we examine one of the most influential days in our recent history and how it has translated into the modern day. On December 6th, 1865, enough
states ratified the 13th amendment, therefore ending slavery and unpaid labor in the United States forever! This ratification constitutionally ends
slavery. However, since then, not everything is going the way we assumed it would. AfricanâAmericans are still fighting for their rights, and many
exâslaves are demanding land from former owners, but the white South are often hesitant to apply, while some don't even bother looking into the idea.
Somethings have changed but most is still the same. Black people are still working on white owned farms, they are not treated like property anymore
though.
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4. The 13th Amendment
After the Emancipation Proclamation of 1863 and the ensuing American Civil War all states where forced to ratify the thirteenth amendment which
abolished slavery "within the United States, or any place subject to their jurisdiction." In 1870 the fifteenth amendment was passed making it
unconstitutional to prohibit voters "on account of race, color, or previous condition of servitude." While the thirteenth and fifteenth amendments made
it constitution for African Americans to vote it did not prohibit states from implementing obstructions at voting booths such as poll taxes, literacy test,
lineage tracking, and other qualifications. While Plessy v. Ferguson established theseparate but equal doctrine which is described as "racially
segregated but ostensibly ensuring equal opportunities to all races." The established doctrine of Separate but Equal was never enforced, and the
cries of the neglected fell upon deaf ears until 1954, 58 years after a virtual caste system was established in the Nation of "freedom and equal
opportunity" segregating everything from schools to bathrooms because of the color of your skin. After the Separate Car Act of 1890 passed in the
State of Louisiana which required separate railway cars for blacks and whites a man of mixed race who was seven eighths of European decent and of
one eighth African descent purchased a first class ticket, and upon taking his seat was once asked to move to the black only car, then was arrested for
violating the separate car act, Plessy's side argued that the Seperate Car Act had violated his thirteenth and fourteenth amendment rights. Judge
Ferguson found Plessy to be guilty, and the Louisiana Supreme Court upheld his decision with the intention that it was the rights of the state to
regulate railroad companies within the state. "...The law regards man as man, and takes no account of his surroundings or of his color when his civil
rights as guarantied by the supreme law of the land are involved." вĐ⢠John Marshall Harlan the "Great Dissenter" Justice Harlan was the single
dissenter that believed the Seperate but equal doctrine was unconstitutional and that the segregation of people because of their race was contradictory to
the law. The Supreme Court's
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5. Importance Of The 13th Amendment
Danny Dallas Mr. Mckown Government 12â5â17 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
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6. 13th Amendment Research Paper
The United States Constitution is the highest law of the land. Looking at the constitution, with twentyâseven amendment, the first ten are known as the
Bill of Right. One to eight amendments ensured the right of the people. Although the thirteen amendment abolished slavery, it paved the way for the
14th the most important amendment to be drafted and adopted in 1868. Due to the growing population and issues the amendment changed, get redraft.
The law use to be thirteen, and then presently twentyâseven. Whenever, an issue arises the constitution is referred to solve the problem. The fourteenth
amendment is said to be complex that guaranteed citizen rights, privileges and immunities of citizenship, due process and equal protection. The
constitution
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7. The United States Constitution is the greatest statement of consent by the governed in history. Before the end of the revolution against Great Britain,
the states basically operated as separate countries under the Articles of Confederation. A stronger federal government with checks and balances was
needed. The Constitutional Convention wrote this important document and after confirmation by a super majority of the states; it became the
foundation of our government in 1789. Soon thereafter, 12 amendments proposed by the Congress were sent to the states for ratification. The first 10 of
these amendments, known collectively as the Bill of Rights, were ratified and became part of the Constitution in 1791. Since then, only 17
amendments have been...show more content...
The Fourth Amendment's prohibition on unreasonable searches and seizures doesn't seem to hit home with many law abiding people. I have often
heard the comment to the effect that if you have nothing to hide, why should you care if the police search your car or home? Individual selfâ interest
runs the gamut.
Now, a few words about the Second Amendment, which will be the primary focus of future columns. TheUnited States is one of a handful of countries
which has protection of the right to keep and bear arms in a constitution. For many years, the public debate was whether or not the Second Amendment
protected an individual's right to keep and bear arms. That question was laid to rest by the United States Supreme Court in the 2008 landmark decision,
District of Columbia v Heller.
I will attempt to explore issues with regard to firearms regulation, what is possibly unconstitutional or just unwise. The bedrock of any discussion
must include acknowledgement that the right to keep and bear arms is protected by the Bill of Rights. Attempts to diminish our rights should not be
done based on analogies to activities which are privileges (such as a driver's license to operate a motor vehicle on a public highway.) Few suggest that
a church must have a permit to operate or that your home is your castle only if you meet some bureaucrat's
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8. Essay On 13th Amendment
HARLAN'S DISSENT IN PLESSY V. FERGUSON SUPREME COURT DECISION
Satoshi Yokoyama
History 21
September 27, 2017
The Fourteenth Amendment to the United States Constitution is commonly regarded as a major victory against racism that further advanced
democracy in America. Adopted on July 9, 1868, it attempted to transform the oppressive culture of the Confederacy by granting citizenship rights to
all people born or naturalized in the United States and affording equal protection under the law to all U.S. citizens. Nonetheless, in spite of aiming to
put an end to discrimination against AfricanâAmericans and other minority groups, this important amendment did not entirely succeed in eradicating
racism during the Reconstruction era....show more content...
Harlan thus courageously argues that the "separate but equal" doctrine not only violates the fundamental principles of democracy, namely equality and
freedom, but also contravenes the U.S.
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9. 13th Amendment Thesis
African Americans were freed in rebel states in 1863, and after the civil war the thirteenth amendment was made in all U.S. As a result, the masses of
southern blacks were now facing the difficulty of northern black people who were facing free people surrounded by many hostile white people. The
declaration of liberation in 1863 liberated African Americans in rebellious states, and after the civil war, "the thirteenth Amendment made all the U.S.
The slaves were abandoned" where they were. When the war started, there were many free blacks in the north. These men were willing to fight for the
army. First President Abraham Lincoln did not want to recruit black soldiers. He did not want to disturb people in the border states between South and
North.
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10. "The 13th, 14th, and 15th Amendments were put into the Constitution to give equality to African Americans."(Reconstruction Amendments, n.d.) Each
Amendment came after each other for different reasons: 13th Amendment was made to abolish slavery, 14th Amendment stated that everyone born in
the United States is a U.S citizen, and no one can be deprived of life, liberty, or property without due of process, and equal rights to all people, and the
15th Amendment prevents the denial of a citizen's vote by race, color, or slavery. The amendments took place during Reconstruction(1866â1877). "This
occurred after the North defeated the South in the Civil War to bring the country back together."(Reconstruction (1866â1877), n.d.) There was debate
about how much should the South be punished for leaving the North. The Reconstruction Amendments were there to fix the issue. The Reconstruction
Amendments are the most important amendments because they are there to fix the problems involving the North and the South, give equal rights to
African Americans, and has a lot to offer in terms of rights.
"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."(US Const. amend. XIII, sec. 1) The 13th Amendment formally abolished slavery in the United
States on December 6, 1865. The Amendment said that slavery or involuntary servitude was illegal
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11. Essay On 13th Amendment
Why is it so complicated for the constitution to be amended? One may argue that it was assembled to make the ground rules of the U.S stable, making
it hard to change. Others may argue that, in order to change the constitution, Article V, has to make some changes also. Since 1971, there has been an
account of one amendment ratified (Posner, Eric, The U.S constitution is hard to amend). The Amendment is an intentionally difficult process by the
founding fathers, to set the standard laws for the people, so no other can take control. Over the years, there has been a lack in amending such laws, for
example, gay marriage and the burning of the flag.
In Article V of the Constitution is states that in order for a constitution to be amended, it has to go through a formal process. Within this process, there
is a twoâthirds vote by both houses of the congress or state legislatures, then it has to be ratified by threeâ fourths of the state legislatures (U.S
Constitution. Art. V). The fact that...show more content...
Flag burning has been so talked about because, many people believe that burning the flag is an act of criminal injustice, and can be offensive to
Americans. In relation to the American flag, burning can be a sign of dishonor among our fellow veterans. There has been an account of laws that were
supposed to be passed, but were reject due to actions of Amendment one of the constitution. Amendment one of the constitution give people the right to
freedom of speech, and prohibits the making of any law abridging it (U.S Constitution. Amendment I). It all goes back to the breakdown stated in
Article V on how amendments should and shouldn't be passed. Since two thirds majority of each house did not agree on passing a flag burning
amendment, that became added to the list of failed amendments. This shows the difficulty in being able to get laws passed through the
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12. 13th And 13th Amendment Essay
In the 1860s, the north and the south fought against each other over the longâstanding controversy over slavery. At the end of the Civil War, the 13th
amendment abolish slavery and slaves were free from their masters. The exâslaves were free, but it would take some time for them to gain equal rights.
Former slaves faced obstacles for equal rights like voting and segregation for nearly a century. Although the 14th and 15th amendments helped blacks
with equal rights, there was no one to blaze a trail for blacks until Martin Luther King Jr. came along. Martin Luther King Jr. was a civil rights activist
and became a figurehead during the Civil Rights Movement for his peaceful protests. Martin Luther King Jr. peacefully stood against racial...show more
content...
Constitution. This amendment was to help African Americans with citizens rights and equal representation. The U.S Constitution stated that the 14th
amendment said "all person 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." The
14th amendment provided African Americans that was born in the United States equal citizenship with other natives in the U.S. It also limited the
power of states that they could not take away the rights of the citizens of the United States.
Racial discrimination was a main factor that led to segregation. Whites racially discriminated against other races due to the fact that whites thought
other races were less superior than them. In the late 1860s, a white supremacist group called the Ku Klux Klan (KKK) victimize different races
leaders and citizens in the South until 1871. In 1871, the U.S Congress passed a law that the Klan leaders and group members would be arrested for
their terrorism to American citizens for a time (Khan Academy). For a period of time, this group of supremacist people tormented different races for
their public actions. Due to the Klan actions of threatening different races, Congress decided that they should pass a law that Klan leaders or
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13. 13th Amendment Research Paper
The amendment I choose from the United States Constitution is the Thirteenth Amendment. I picked this amendment, because it was created and
added to the Constitution at a really difficult and troubling time in the United States of America. At this time in America there was a very high tension
between the North and the South that caused a great rift in this country. The South did not like the view of North on slavery and decided on separating
from part of the nation that did not agree with them. The war that boiled over and started was the Civil War. The Civil War was during the presidency
of Abraham Lincoln who was chosen as president in November 1860. A few months later the number of Southern states that seceded from the Union
were increasing.
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14. Essay On 13th Amendment
The 13th Amendment The war against colored people and white people is an ongoing event since the 17th centuries. During that timeline, the whites
were dominant back then. The KKK known as the Ku Klux Klan, started lynching the colored folks. Over 3,000 black people have been hung due to
their skin tone. The 13th amendment gives freedom to all Americans. Skin tone does not affect the the 13th amendment. Incarceration is mostly
sustained from racial injustice. African Americans obtain 37% of theUnited States prisoner population. "The United States is home to 5% of the
world's population... But 25% of the world's Prisoners" (Duvernay, 2016). All prisoners combined in the world is nine million. Calculating with 25%
equals to 2.25 million prisoners in the United States. The African American population of prisoners is over 600,000. That is 16% of the African
American population in the United States.
Le 2
The white people are very hostile to anybody that are not their skin tone. "Being arrested by white people is a nightmare" (Duvernay, 2016). If
captured by a white person, it is a death sentence if you are colored. The life of being colored during the 20th century is simply a horrific scene to go
through. "There can be no progressing America without respect for law" (Duvernay, 2016). America can not be an average society if the...show more
content...
"Black people are repesented on T.V. as criminals" (Duvernay, 2016). One of the popular shows on television known as cops, are mostly arresting
colored people. Most of the colored people are arrested for the possession of drugs. With possession of drugs, the colored person can be given a first
strike if have not any type of criminal records. The 3 strikes you are out law contains having 3 chances in America breaking laws before imprisonment.
They are also known as super predators. Super predators are young citizens repetingly commit crimes without being raised with
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15. 13th Amendment Civil Rights
The 13th Amendment, passed in 1865, abolished slavery in America. Even though African Americans were technically free underneath this
amendment, they still were discriminated against. Before congress passed the Civil Rights Act of 1964, segregation was prevalent in the United States.
Even though there were some laws in place that prevented segregation, they were not actively enforced by the police. Civil rights activists attempted to
end segregation and discrimination in America by starting boycotts and sometimes starting riots. The movement for racial equality led to a lot of
monumental events. Some of these events were the Montgomery Bus Boycott, sitâins and the famous March on Washington. This was a time of
extreme change. The Civil rights act of 1964 was meant to end segregation and discrimination completely, but many years of antiâblack violence still
occurred after the bill was passed. After watching the powerful documentary made by Ava DuVernay, 13th, shows the history of racial inequality in the
prison system of the United States.
This documentary was named after the 13th Amendment for a reason. This reason is to show the fact that even though slavery was abolished,
discrimination and some types of segregation still exist in the United States. Ever since 1790, incarceration has been the center of the nation's criminal
justice system. Over the years, many alternatives to incarceration have been tried. It wasn't until the late 1980's when our criminal justice system
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16. 13th Amendment
The Court sees the Second Amendment as protecting a right of individuals to possess firearms (505,Chemerinsky). With the Ratification of the
Fourteenth Amendment in 1868 changed the constitutional landscape and cemented a new basis for applying the Bill of Rights to the states. By not
fully incorporating the Bill of Rights this meant justices had to create their own standards for what process is due under the Fourteenth Amendment
(338,O'Brien). This is very important because this deviated from methods of interpreting the Constitution and to establish their own thoughts instead of
holding up a strict constructionist view of the these incorporated laws. "The due process revolution forged during the Warren Court years during the
1960's by extending the major guarantees of the Bill of Rights to the states took on a life of its own"(407, O'Brien). This meant that the Warren Court
did nothing but reaffirm the...show more content...
One example of this was in the case of Richardson v. Wright (1972). This law required the opportunity to appeal and provide sufficient evidence
before the state can terminate disability benefits (407,O'Brien). Today it is your right to appeal and to plead your case so the state won't cut the
benefits off since these individuals rely on these to sustain their economic lifestyles. The due process clause was broken into two processes which
were substantive and procedural due process. "Procedural due process implies, the minimum objectives the government before it deprives any citizen
of life, liberty, or property" (545, Chemerinsky). Procedural due process refers to a specific kind of notice and the opportunity to provide a cross
examination for the recipient to plead its case to not lose their benefits. The second process is
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17. 13th Amendment Essay
The Fourteenth Amendment currently is being misinterpreted to grant automatic birthright citizenship to children born in the United States of illegal
alien parents
(called anchor babies because under the 1965 immigration Act, they act as an anchor that pulls the illegal alien mother and eventually a host of other
relatives into permanent U.S. residency).
This clearly is contrary to the original intent of Congress and the States in ratifying the Fourteenth Amendment.
The relevant section reads,
"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."
The problem is that this has been misinterpreted in recent years to mean...show more content...
(No Doubt Due To The
"DUMBING DOWN" Of American Citizens In Public Schools)
Some Americans speak of birthright citizenship as if it were an immutable law of nature.
It is not, and most other nations do not, in fact, recognize it.
It is only a bad habit that could be broken with a simple Executive Order.
The key to undoing the current misinterpretation of the Fourteenth Amendment is this odd phrase
"and subject to the jurisdiction thereof."
18. The whole problem is caused by the fact that the meaning of this phrase, which was clear to anyone versed in legal language in 1868, has slipped with
changes in usage.
Fortunately, there is a large group of court precedents that make clear what the phrase actually means:
1.The Fourteenth Amendment excludes the children of aliens.
(The Slaughterhouse Cases (83 U.S. 36 (1873))
2.The Fourteenth Amendment draws a distinction between the children of aliens and children of citizens.
(Minor v. Happersett (88 U.S. 162 (1874))
3.The phrase "subject to the jurisdiction" requires "direct and immediate allegiance" to the United States, not just physical presence.
(Elk v. Wilkins 112 U.S. 94
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19. 13th Amendment Argument
Argument found in 13th: 13th states a problem about our 13th amendment claiming that everyone is free to their freedom but in all reality African
Americans are still being targeted and put in prisons and treated like slaves for no reason.
AGREE: African Americans were targeted still after the 13th amendment since they were people of color.White people were scared of them because
they saw them as animals and monster, white women would say that they would rape them, even though they never even touch the then or even make
contact. The KKK was a terrorist organization in the U.S they wanted to eliminate the community of color because they saw Africans American as a
disgrace. Even though, slavery was abolished in 1865 in December doesn't mean
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20. Research Paper On The 13th Amendment
The 13th amendment
The 13th amendment was one of the first of the three slavery amendments to be passed by an
American congress after the American civil war on January 31st
1865 under President Abraham Lincoln. The 13th was passed under the emancipation
Proclamation under President Abraham Lincoln declaring ", all persons held as slaves within any
State o designated part of state the people whereof shall be in rebellion against the United States
Of America shall thence forward, and forever free''. Although the amendment was passed under
The senate on April 1st, 1869, however the House of Representatives did not when this happened
President Lincoln took action in ensuring the amendment passed through the house. President
Lincoln...show more content...
it was laws like black codes an Jim crow that made life a living hell for freed slaves or
The colored it was laws like such as these that led to the passing of another amendment.
The 14th Amendment
The 14th amendment was passed on July 9th, 1868 under President Andrew Johnson the
21. Amendment granted citizenship rights for former or freed slaves after the American
Civil war. Amendment 14th consisted of five sections one of the many five
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