PLSC 210N LESSON 4

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Pennsylvania State University, World Campus *

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210N

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Political Science

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Oct 30, 2023

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docx

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PLSC 210N LESSON 4: EARLY CIVIL RIGHTS 13 th , 14 th , 15 th Amendments ratified in 1868 in the aftermath of the American civil war 13 th (XIII) AMENDMENT Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. o Civil rights o Enforcement power Section 2. Congress shall have power to enforce this article by appropriate legislation. 14 th (XIV) AMENDMENT o Section 1: Addresses many aspects of citizenship and rights of citizens. o Privileges and Immunities Clause o Civil Rights o Slaughterhouse Cases o Citizenship Clause ( aka Naturalization Clause) o Due process o Substantive Due Process o Right of Privacy: personal autonomy o Territorial jurisdiction o Equal protection Most common phrase- “equal protection of the laws”, used in many landmark cases Brown v. Board of Education (racial discrimination); Roe v. Wade before overturn, Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), University of California v. Bakke (Racial quotas in education) o Plessy v. Ferguson (1896) o Plyer v. Doe (1982) o Section 2: deals with appointment of representatives to Congress o Section 3: forbids anyone who participates in “insurrection or rebellion” against the United States from holding federal office o Section 4: addresses federal debt and repudiates debts accrued by the Confederacy o Section 5: expressly authorizes Congress to enforce the 14 th amendment by “appropriate legislation” o enforcement power o commerce clause Specific Instances of Use for Case Overturn or involvement
Scott v. Sanford, 60 U.S. 393 (1857) originally said African Americans were not U.S. citizens, even if they were free Elk v. Wilkins, 112 U.S. 94 (1884) children born to members of native American tribes governed by local tribal governments were not automatically granted citizenship under the 14 th amendment. Citizenship was granted by Congress in 1924 when it passed the Indian Citizenship Act United States v. Wong Kim Ark, 169 U.S. 649 (1898) when a child is born in America to non- citizen Chinese parents, that child is a United States citizen. The court also applied that ruling to all persons born or naturalized in the United States 15 th (XV) AMENDMENT Section 1. 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. Section 2. The Congress shall have power to enforce this article by appropriate legislation.
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