Difference Between The Spirit Of The Law And The Spirit Of Law

The 14th Amendment to the Constitution defined citizenship as anyone born in the U.S. or naturalized, thus giving citizenship to African Americans. Like the 13th amendment, the 14th was not enforced. Had this amendment had been enforced, as citizens of the United States the most basic rights of black people should have been protected, like any other citizen. However, they were continually marginalized. If a crime was committed against them, the legal system turned a blind eye. If they were in need, no one would offer a helping hand. The government largely funded public white schools, whereas African Americans had to raise much of their own funding for their schools. Although they raised a large sum of money, it was still insufficient to educate the millions of newly freed children and adults (Franklin 250). These are just a few examples of the inequality experienced by blacks. The Civil Rights Act of 1866 explicitly states that African Americans do have citizenship “regardless of race

The 14th Amendment of the United States constitution guarantees that, “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” (U.S Constitution, Sec. 1). This amendment gives the citizens of the United States their basic human rights and the process that must be taken accounted for in any given court cases. No individual born in the United States should be stripped from their rights no matter the circumstances, for example the skin color, race, religious beliefs or sexuality preferences should interfere. The Constitution is a document that was signed on September 17, 1787 for the nation in order to solve any pre-occurring disagreements that were bound to happen soon (“Constitution Faqs”). The document establishes the rights that are given to all U.S citizens laying out their rights, the freedoms that they are granted, and the series of events that were to occur in the court of law. When the Constitution was signed into effect many people at that time period had a hard time adjusting to the new laws and regulations. Despite the new laws, many would still abide their own personal traditions and not follow the new established laws. This Mentality that many had would continue to happen for the next couple of decades to come. For example,

What is law? Law is a system of rules used to govern a society and control the behaviors of its members. In this case, Martin Luther King is charged for breaking a law. King questions the differences between just and unjust laws to justify his actions in Birmingham and the charges of breaking laws willingly. Defending his willingness to break laws, King argues, “How can you advocate breaking laws and obeying other?” He answers to accusation of his willingness to break laws with a well-written argument of what is just and unjust laws. Martin Luther King uses the definition, the categories, and the implication of the law excellently to answer the charges of breaking laws willingly.

Sanford (1857), the case in which a slave from Missouri, deemed that because he was in a free state, he was also considered free, relates to the 14th Amendment because of “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”. This relates to the case because Dred Scott assumed that he could be free if he was in a free state, however, only the congress could confirm actual citizenship in the state in which they reside, and Scott was not from Missouri. If the 14th Amendment was not passed, the state would still have to abide by the 13th Amendment which states “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”. Dred Scott would still be free from slavery if the 14th Amendment was not passed, and he would have no worries about traveling and trying to buy his freedom from

Citizenship can be defined as individuals being a part of a society where they can vote, are counted as a citizen, and have privileges and rights within society. African Americans aren 't acknowledged by the states as citizens for many reasons. Whites considers African Americans who were slaves as their property. Since African Americans were classified in this way, whites have done anything in their power to hinder them from progressing.

The success and the approval by the necessary three-quarters of U.S states, the 14th Amendment guaranteed to the newly freed slaves protection and citizenship along with all its privileges. This amendment resolved any pre-Civil War concerns of the African American community’s citizenship by stating that “all persons born or naturalized in the United States are citizens of the United States and of the state in which they reside” (Primary Documents of American History, 2011). This amendment also reinsured that they had the equal rights and privileges of the rest of the citizens, and granted all these citizens the “equal protection of the laws” (Primary Documents of American History, 2011).

The history of Birthright Citizenship gives the reason for its existence. Back to the year of 1857, in the Dred Scott decision passed by the Supreme Court, Chief Justice Roger Taney declared that blacks were “regarded as beings of an inferior order and altogether unfit to associate with the white race, either in social or political relations; and so far inferior that they had no rights which the white man was bound to respect”, irritating all the free ones and slaveries who pursued the basic rights to live as equal as the Caucasians did (Howard 407). As known to all, it was a major fuse that ignited the Civil Wars, which

On July 9, 1868 the 14th amendment to the constitution was ratified. This amendment granted citizenship to “all persons born or naturalized in the United States," which included former slaves recently freed. Although the slaves were freed, there was still discrimination all around them. Discrimination is defined as "differences between things or treating someone as inferior based on their race". In 1800’s through 1900 there was a huge amount of cases that occurred due to violations of the 14th Amendment. Two well known landmark Supreme Court cases involving the 14th Amendment are Plessy vs. Ferguson and Brown vs. Board of Education.

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

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

     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      (http://www.house.gov/Constitution/Amend.html ).

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.

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

The modern conventional wisdom of the phrase “natural born citizen” in the presidential eligibility clause referred to anyone who was a U.S. citizen at birth either by a U.S. statute or via the Constitution. The Constitution has no “definition” section, and subsequently the Supreme Court has stated that when the Constitution is silent the law “must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the Constitution.” My argument is simple, it is reasonable to assume that the framers, most of whom were well-trained lawyers, purposely did not define the term ‘natural born citizen’ believing that the controlling common law principle was Jus Soli, and that Congress would pass corresponding statutes to accommodate any exceptions to this principle similar to the practice that occurred in England with Parliament.

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.