preview

Persuasive Essay On The 14th Amendment

Decent Essays
The Fourteenth Amendment to the Constitution of the United States is perhaps the most sweeping and has likely impacted the general jurisprudence of the Supreme Court the most of any other amendment. This is because, where all other right-protecting amendments protect something specific, the fourteenth amendment was designed to ensure that states guaranteed due process rights, applied the law equally, and protected the “privileges [and] immunities of citizens of the United States.” Because of this language, the Fourteenth Amendment appears to be — and to some extent is — simply the application of the Fifth Amendment, and through selective incorporation, the rest of the Bill of Rights. To that end, the Fourteenth Amendment possesses a fortuitous expansion to the simple due process right: the right to equal protection of the laws. Laws that appear to violate the Equal Protection Clause thusly receive the same kind of scrutiny that other fundamental rights are given. The Fourteenth Amendment is relatively new compared to the Bill of Rights, having been passed in 1868. The first major case that dealt with the amendment were the Slaughterhouse Cases in 1872. In those cases, a group of slaughterhouses that were put out of business by a Louisiana law creating a monopoly claimed that they were denied equal protection under the law. Though the court ultimately denied their claim primarily on the basis that the Privileges and Immunities Clause does not apply to the states, they also
Get Access