Discrimination In The 14th Amendment

Imagine getting denied from a job even if you have the same level of education and the capabilities as the same person that actually got the job. The only reason why the other person got the job was because he was a different color from you. In Martin Luther King Jr. speech, “The Purpose of Education” explains how King was discriminated for just being a different color even though he has the same level of education as the man that discriminated him. King say that intelligence is not enough but intelligence plus character is the true goal of education. We get an education to contribute to the economy, create an effective workforce, prepare students for a job or career. I agree with King because the propose of education is to help

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.

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.

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.

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

The Fourteenth Amendment was ratified in 1868 and the amendment was put in place to protect former slaves and their rights in life. The most important part of the amendment reads, “No state shall ‘deprive a person of life, liberty, or property without due process of law; nor deny to any person… the equal protection of the laws.’” This simple statement has one of the most profound and incredible parts of the United States today. The equal protection of the laws show that there must be equal treatment for all citizens regardless of race, class, or gender. Although there has been many racial events happening after this amendment was passed this clause still stands to today and has helped shape the United States for the better. Having this clause in the Fourteenth Amendment protects the ‘little guy’ and makes sure that everyone has the same ability to do whatever everyone else is doing.

The 14th amendment is an amendment about civil rights and liberties. In the 14th amendment, it talks about equal protection of the law for all people no matter what race, religion age gender economic status or anything else it also states that due process and equal protection must be enforced at state levels too.The 14th amendment was created in an effort to end discrimination. In theory the 14th amendment sounds wonderful and very effective however in real world situations the 14th amendment and bill of rights are not as effective as they were thought to be. This is evident through many things a few these are inequalities that are still present (document 1,4), still favored rich over the poor(document 3) and still does not show equal protection for all races (document 5).

Race is, a group of people sharing the same culture, history, language, or an ethnic group. In the USA, we are made up of literally hundreds of different ethnic groups, with different races. From African Americans to mexicans, and from scottish to Chinese, we all are different. Does that mean we can put them down, and fight them because of the difference? On September 25, 1789, the United State’s government passed a bill, The Bill of Rights. This bill gives every US citizen, 27 rights. From the freedom of religion, to abolitioning slavery. The fourteenth amendment says we all have the Right to be free from discrimination. So even with a law that says you can’t discrimination, people do.

However, the government officials could have fought for these tests by saying that the tests made sure that voters understood who and what they were voting for. The Alabama test B and C especially would be very easy to fight for due to the fact that it actually went over what could pertain to what was on the ballot. While the other tests were just focused on if they had obtained an elementary education, officials obviously knew that all of the rich white people were able to receive an education. The arguments for those tests would be more focused on how those who vote should have an education so that they’re able to read about the problems that the laws are focusing on and what the newspaper is reporting on possible politicians running. They might have also said that those without an education does not have the skill to think critically and understand what is going on in the government due to them having a laboring job instead of someone who's a doctor or lawyer. However, the literacy tests were not the only standardized methods in the south to help African Americans to not be able to vote, there was also the application itself that helped the white people defer the African American’s away from

The Equal Protection Clause derives from the Fourteenth Amendment, which specifies “no state shall deny to any person within its jurisdiction the equal protection of the laws…” As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the strict scrutiny has been applied to the cases, in which a fundamental constitutional rights have been infringed or a government action applies to a suspect classification (i.e. race, religion, national background). Specifically, in regards to Bakke v. Regents of University of California, the Supreme Court (“the Court”) concluded that, considering that the University of California, Davis received several Caucasian applicants for its special admission program in 1973 and 1974 and that none of the applicants received the admission to the program since the start, the program unfairly administered in favor of minority races and, therefore, violated the rights of the white applicants under the Equal Protection Clause of the Fourteenth Amendment. Furthermore, from Hopwood v. State of Texas, the Fifth Circuit Court ruled under strict scrutiny that, the affirmative action imposed by the University of Texas School of Law (“the law school”) violates the Fourteenth Amendment since neither the law school nor the University of Texas system has proved a proof of

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

“The purpose that brought the Fourteenth Amendment into being was equality before the law, and equality, not separation, was written into the law.” A state and its capabilities all come from within itself; therefore, what brings a nation forth is its ability to unite for a cause and to consistently keep the members of its nation steadfast in its belief. The Fourteenth Amendment was ratified not only to guarantee “equal protection of the laws” , but to also guarantee a more prosperous country in which its members are not distinguished based on gender, race, culture, ethnicity or religion. Consequently, every citizen is given a set of rights and the people are reassured that these rights define a government by the people for the people , but during the 1800s, the law was not just nor equal.

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.

During slavery, most black slaves were denied proper education and many laws were passed in the South prohibiting slave literacy. Even free blacks in the century before and after the Civil War were limited in their access to quality education and career training.

In this thesis I am going to analyze the impact of the 14th Amendment during the Civil Rights years.