Causes Of The Fourteenth Amendment

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.

In 1791, the tenth Amendment expressed, "The forces not appointed to the United States by the Constitution, nor precluded by it to the States, are saved to the States separately, or to the individuals." Public instruction was not said as one of those elected powers, thus truly has been assigned to the nearby and state governments. In 1868, the fourteenth Amendment ensured rights to all American Citizens by expressing, "all persons conceived or naturalized in the United States, and subject to the locale thereof, are natives in the United States and of the state wherein they live. No state should make or uphold any law which might abbreviate the benefits or immunities of nationals of the United States; nor might any state deny any individual of life, freedom or property, without due procedure of law; nor deny to any individual inside of its locale the equivalent security of the

Over a century ago, the 14th Amendment of the United States Constitution was implemented to grant citizenship to individuals born within the country. This was the first time that it was defined what it means to be a citizen in the U.S. While the amendment was created to address the citizenship of slaves, it is currently under speculation in regards to granting U.S. citizenship to children born to undocumented immigrants (Gans, 2012). While there have been many arguments to place restrictions or eradicate granting children of undocumented immigrants U.S. citizenship, the constitutional right remains the same: if you are born on U.S. land, you are a citizen (Angelo, 2013). This paper argues that the birthright citizenship of U.S. born children of undocumented immigrants should continue to be granted based on the underlying principles of the 14th Amendment and the possible implications of ending birthright citizenship. First, this paper describes birthright citizenship and the 14th Amendment, as well as its use in several Supreme Court cases that are significant to this issue. Then, various implications of eradicating birthright citizenship are discussed. Before discussing the possible consequences of eradicating birthright citizenship, it is imperative to discuss the history and principles underlying it.

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

Imagine living in a world where everyone was considered equal. Imagine living in a world where people were considerate of others. Imagine living in a world where everyone had the same rights and privileges. The Framers took a step at achieving this world with the passage of the 14th amendment. The intent of the 14th amendment was to prevent state governments from denying African Americans in the U.S. from their citizenship. At the time Africans were unable to attain citizenship because of their skin color. The Framer’s objective in formulating the 14th amendment was to grant citizenship to everyone born in the U.S., regardless of skin color. The 14th amendment expanded the protection of civil rights to all citizens in America.

The 14th Amendment played a large role in the way we perceive today’s society. Being that the beginning of the 14th Amendment states “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 intent of the 14th Amendment is to stop the granting of automatic citizenship of new born babies in the United States. Those babies were born by illegal mothers which deems them to be considered as illegal immigrants. The reason why immigration is bad is due to immigrants taking control of the resources that were meant for Americans to use; such as jobs, free health benefits, education benefits, free housing and much more, thus triggering the start of the 14th Amendment. Aside from immigration, another motive for the 14th Amendment was due to other states violating United States citizens’ rights. In the case

At the time the fourteenth Amendment was made, The Civil War had recently arrived at an end, beating the Confederacy. Acting president,Abraham Lincoln, had proclaimed the slaves liberated toward the end of the war; but, there were still a great deal of waiting inquiries with respect to the previous Confederates and the status of slaves in the nation. The Amendment was made to give people below the jurisdiction of the statute the privilege to fairness. This was known as the Equal Protection Clause. At this time, the purpose behind the fourteenth Amendment is to guarantee that the Civil Rights Act was maintained. On the other hand, taking after the selection of the fourteenth Amendment, Supreme Court choices started putting limitations on the

persons or things to be seized."), which was already provided for federal cases. The fourteenth amendment (Section 1. "All persons born or naturalized in the United

The fourteenth amendment is also known as equal protection clause. Under the fourteenth amendment, the U.S. Constitution prohibits the states from denying a person that lives in the state the equal rights of the law (LII, 2017). The fourteenth amendment applies to education, especially those that are English language learners (ELL), this means that these students cannot be denied the same rights as non-English language learners. In the Supreme Court case of Lau v Nichols in 1974, this case involved a Chinese American student that attended the San Francisco Unified School District, this student was placed into a general education classroom despite the lack of being proficient in English (Wright, 2010). The school in which this student attended was found in violation, the school was giving ELL students the same material as all other students who speak proficient English and expected the Chinese American student to be able to comprehend the information that is being taught. School districts need to provide the same material, but in a modified form where the student’s will be able to access the information to learn it in the same manner as those non-English language learners.

Although the primary aim was to secure citizenship for African Americans, the debates on the citizenship provisions of the Civil Rights Act of 1866 and the Fourteenth Amendment indicate that they were intended to extend U.S. citizenship to all persons born in the United States and subject to its jurisdiction regardless of race, ethnicity or alienage of the parents. The Civil Rights Act of 1866 declared that “all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United

Attaching a GPS device to the exterior of a vehcile does not violate a persons reasonalble expectation of privacy when exposed to the public view. The use of any technology to obtain information, which is in public view, does not violate the 14th amendment because it does not make the information any more public. Why would someone who puts something into public view have an expectation of privacy? This is the same as putting a trash bag on the curb and expecting someone not to look at it. The 14th amendment proctects against searches and seizures, however the use of exterior GPS devises does not contravene these safeguards. A GPS device would only show where the car is going not who is driving it, what they’re doing, or what they do at their

In 1868, the United States of America's Congress adopted the 14th Amendment to the Constitution stating that, "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

According to the fourteenth amendment website the fourteenth amendment “is currently misinterpreted to give citizenship to children born in the United States of illegal alien parents. These children, via their birthright citizenship, act as anchor babies and can, upon reaching the age of majority, facilitate bringing their extended family into the US in order to obtain citizenship. Although some experts believe that a Constitutional amendment would be necessary to remedy the misinterpretation, many believe that Congressional action would be sufficient and is urgently warranted.” Not until later was it seen “With illegal aliens who are unlawfully in the United States, their native country has a claim of allegiance on the child. Thus, the completeness of their allegiance to the United States is impaired, which therefore precludes automatic citizenship” (Fourteen Amendment). This was basically a warning for immigrants stating they are responsible for their child and they would not become legal just because they were born in the United States and they would both be claimed by their native land. For example, if a woman from Mexico was to come to the United States illegally, at 8 months pregnant, and have her baby they would not just become legal citizens.

In addition, the United States is created by a diversity of immigrant cultures. Currently, “approximately 11 million undocumented immigrants living in the United States” [Debate pg. 592]. Changing or repealing the fourteenth amendment, will leave many U.S citizens, children of immigrants stateless without an origin of birth. For example, Chinese came to the United States to work as

The 14th Amendment states: 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.