The 14th Amendment
Jarrod Beggiani GOVT 2305 Sherry Sharifian 6/20/17 Interpretation of the 14th Amendment The 14th Amendment in was adopted in 1868 to secure the rights of freed slaves living in America by enforcing the 1866 Civil Rights Act which overrode the Dred Scott Decision which said freed slaves were not citizens.
Since that time some immigrants have attempted to use the amendment their own advantage by traveling to the United States in order to give birth to what we now call "anchor babies". By doing so, the birth subjects the newborn to full citizenship in the United States. This fact has become an increasingly large issue in recent years due to the vast amount of illegal immigration into the United States. The citizenship granted within the 14th Amendment has influenced more and more illegal immigration which raises the question of whether or not the 14th Amendment should be revisited in order to make gaining citizenship stricter.
In order to understand the issues revolving around the 14th Amendment, it is imperative to understand what the 14th Amendment is. 1 As stated in the Constitution the 14th Amendment establishes that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States". 2 It also makes claim that no State shall deprive "any person of life, liberty, or property, without due process of law" [1]. These two lines alone produce an attractive agenda for immigrants to partake in birth tourism. 3 This
The 14th Amendment Essay
The 14th Amendment
The 14th Amendment provides that no government shall take away the individual right to life, liberty, and property, within its jurisdiction, without due process of law.
Equal Protection Clause
No state may deprive any individual of the equal protection of the law.
Generally, the statutory classification provided by Congress is presumptively valid, unless such a classification is considered suspect. The classification touches upon race or ethnicity of citizens falls within one of the suspect categories. The Court stated that "all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny." Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995). Thus, suspect classifications are presumed to be void and subjected to heightened scrutiny.
Here, Congress enacted a statute forbidding private clubs that accept state officials as members or guests from discriminating against citizens seeking the membership...show more content...
A benign discrimination may be justified where the distinction is used for remedial purposes of desegregation. The statute is crafted to ban the exclusion of other racial groups and afford them the membership eligibility. This would serve its remedial purpose of abolishing pre–existing discrimination. In addition, it has been established historically that white males represent the class that is socially most advantaged: They do not belong to a discrete insular minority; thus, the impact of the statute cannot be said to have been placed on a minority group. As the court held in Hunter, where the discriminatory law's impact falls on minority, it will be under strict scrutiny and "the majority needs no protection against discrimination." Hunter v. Erickson, 393 U.S. 385
The Fourteenth Amendment Essay
On a date that will be remembered forever as a step forward for our nation, July 28, 1868, the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people. It was conceived to be the foundation for restoring America to its great status and prosperity. The Amendment allowed "equal protection under the law", no matter what race, religion, sex, sexual preference or social status. It was designed to protect the newly freed slaves. However, it only helped the white race.
Congress passed the Fourteenth Amendment not knowing how it would affect all the other minorities. Minorities were still treated with disrespect and incivility from the white...show more content...
For the greater part of the nineteenth century, black people were slaves for white men. The Fourteenth Amendment was placed into effect to protect the rights of the black community after emancipation. It stated that, "all persons born or naturalized in the United States" would be supported under the doctrine. However, this article failed to uphold the rights of the newly freed slaves. The blacks, ridiculed and scorned by the public, were greatly suppressed by the white backlash. The states put into effect laws that would suppress the blacks even further, even though they were protected under the Amendment. The states made stipulations on rights the African Americans were granted, like the right to own land, vote, and even hold certain jobs. Voting was a major controversy for the newly freed slaves, they wanted the chance to be heard through politics. Nevertheless, they were still denied the simple right to vote in many of the states if they could not meet the prerequisites for reading or could not pay a voting tax. They made contracts for them to work for white men, just as if they were slaves and nothing changed. Black people were still waiting for their salvation under this new piece of legislation, but were unable to grasp it through the government. African Americans stood for their newly given rights under the Constitution and were denied by the people who put
14th Amendment Statement
In America we are constantly reminded of the idea of freedom and equality for every individual. It is not commonly acceptable to base a person's stature in the community from their race, class, religion, or sexuality. The most powerful act that brought forth new standards of civil rights and equality privileges was the fourteenth amendment. One of the most highlighted aspects mentioned within the document is that no state shall "deprive any person of life, liberty, or property without due process of law; nor deny any person... the equal protection of the laws." This simple statement has made an impact in today's society. The equal protection of the law primarily draws from and requires equal treatment for all citizens in the United States, but
14th Amendment Importance
The Bill of rights, the constitution and the amendments of the constitution are the national foundation of freedom. The 14th amendment has become one of the most important parts of the constitution. The 14th amendment is divided into four sections. The 14th Amendment was designed in 1868 to stamp out lawless tyranny. Section one is to make former slaves citizens. The 14th amendment states, "All persons born or naturalized in the United States are citizens of the United States and of the state wherein they reside. Nor shall any state deprive any person of liberty or property without due process of law". However, since the 14th
Amendment has been written the purpose has expanded. The amendment now gives citizen rights to all who have come to
Essay On 14th Amendment
The 1860s were an extremely turbulent decade with numerous cultural, social, and political upheavals in America. During this time period the 13th and 14th amendments were ratified giving African Americans more freedom than they had ever had. However even with the ratification of these amendments whites and blacks were still segregated. It's not possible to achieve equality while the two are races are separated. Equality can only be achieved through communication, so you can begin to understand each other's side. The 13th Amendment to the United States Constitution officially abolished and prohibits slavery and involuntary servitude, except as punishment for a crime.The 14th Amendment provides the citizenship, due process and equal protection clauses. The 13th amendment was adopted on December 6, 1865. It was preceded by the Emancipation Proclamation of 1863, which freed all slaves from the Confederate states during the Civil War. Most of these states were in the South below the Mason–Dixon line.The 14th Amendment was adopted on July 9, 1868, and it is the longest of all the Reconstruction Amendments, having five separate sections. The amendment also covers citizen's' right to hold public office, suffrage, compensation for emancipation and debts of war. Durings the 1890s, African Americans faced the ever–tightening grip of segregation in the South. For society to become more equal the two races need to communicate and find some common ground....show more content...
Separation and equality are not compatible it's either one or the other both cannot be achieved in race. If you don't have freedom, then someone is inevitably limiting that freedom, and giving someone that power puts them in an unequal place in society. If you don't have equality in society, then your freedom is at someone else's disposition, which isn't really freedom at
The 14th Amendment
It is without a doubt that discrimination in this country has existed since its early stages. However, to this day after many movements and eras to try and eliminate it all together, it remains. And in this class, we seek to understand why. For these last couple of weeks, we discussed the 14th amendment and more specifically referenced its equal protection clause which vows to protect the fundamental rights of "all" citizens of the United States. Because of this state and federal governments attempt to create neutral laws that will apply fairly to all citizens in the United States. Which seems to be the best thing they can try and do nonetheless if a bill is said to be neutral, but has an unequal influence on a particular group of people problems