Impact Of The Fourteenth Amendment During The Civil Rights Years

The Civil War was fought over the “race problem,” to determine the place of African-Americans in America. The Union won the war and freed the slaves. However, when President Lincoln declared the Emancipation Proclamation, a hopeful promise for freedom from oppression and slavery for African-Americans, he refrained from announcing the decades of hardship that would follow to obtaining the new won “freedom”. Over the course of nearly a century, African-Americans would be deprived and face adversity to their rights. They faced something perhaps worse than slavery; plagued with the threat of being lynched or beat for walking at the wrong place at the wrong time. Despite the addition of the 14th and

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.

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).

This statement encapsulates why the framers of the Fourteenth Amendment found it necessary to include that, “No state shall…deny to any person within its jurisdiction the equal protection of the laws.” Bingham’s reading of the Constitution already incorporated this point, but Rogers’ certainly did not, so by placing it in the Fourteenth Amendment, the framers ensured beyond all doubt that the right of all citizens to equal protection of the laws would be part of any subsequent reading of the Fourteenth Amendment.

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.

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.

“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.

For centuries, the success of a democratic society has been measured by its commitment to equality, a resounding principle central to our nation’s founding. The Enlightenment-inspired language of the Declaration of Independence, namely the age-old axiom that “all men are created equal,” pervades our perception of the American creed. However, nearly a century passed before the Lockean principles espoused in the Declaration of Independence began to bear the force of law. Entitling American citizens to due process and equal protection of the law, the Fourteenth Amendment, perhaps the most transformative Amendment of all, has inspired the steady progression of American society. Nonetheless, while the Amendment serves as the chief legal force behind the democratic goal of equality, questions regarding its achievement of that goal

The passage of the Fourteenth Amendment in 1868 addressed civilian’s rights and equal protection of the laws in a subsequent response to issues relating to former slaves. Through ratifying this amendment, its primary purpose was for “…the federal government to take these four million newly freed slaves and integrate them fully into society virtually immediately.” (“The Supreme Court's Failure to Protect Blacks' Rights.”) However, the opposite of what was initially promised occurred due to the Amendment ultimately lacking the constitutional authority for the Congress to grant equal protection to African Americans under the law, stating that “…only states and local governments could do that.” (“The Supreme Court's Failure to Protect Blacks' Rights.”)

The 14th Amendment also gave Congress authority to enforce this amendment which led to the passage of the Landmark Legislation in the 20th century including the Civil Rights and Voting Act. These two Acts eventually granted Blacks, Women and others their

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 December of 1865, Congress passed the 13th amendment abolishing slavery in the United States. By July of 1868, the 14th amendment was passed to grant citizenship to anyone, regardless of race, born in the United States and prohibiting states from depriving any person of his life, liberty, or property without due process of law, or rejecting to any person, within their jurisdiction, the equal protection of the laws (Jim Crow Stories). Immediately following the Civil War, Abraham Lincoln and Republicans were trying to give equal rights to African Americans and set rules that would allow the Southern states back into the Union. At the same time, the Radical Republicans were working to minimize African Americans’ rights; this era is known as

The 14th Amendment became law in June of 1866. This new law declared any person born in the Unites States a citizen, with rights undeniable by any state. It is this type of action Douglass desired in Congress and discusses in his article as only the beginning to the

One of the biggest problems Africans Americans faced in America is Segregation, discrimination, racism, prejudice, rebellion, religion, resistance, and protest. These problems have helped shape the Black struggle for justice. Their fight for justice marks a long sequence of events towards their freedom. Provisions of the Constitution affect the operation of government agencies and/or the latitude chief executives and legislatures in the creation and implementation of policies today. The rights and passage of Amendments granted to African Americans in the Constitution serve as a source of “first principles” governing the actions and policies of elected and appointed public servants across the United States. The 15th Amendment Equal Rights: Rights