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
The originally Bill of Rights protected the rights of citizens from infringement by the federal government, but made no mention of the states. The Fourteen Amendment, adopted shortly after the Civil War, protected citizenship and individual rights from infringement by state governments. Under the Fourteenth Amendment’s due process clause, the United States Supreme Court began to apply the most important rights guaranteed in the Bill of Rights against the states. This process began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a jury trial against the states.
In 1971, the 26th Amendment to the U.S. Constitution was ratified, granting eighteen-year-olds the right to vote. Before this landmark decision, citizens of the United States “had to be at least 21 years old” in order to cast their vote in an election (National Constitution Center, n.d.). It was the escalation of the Vietnam War that led to this expansion of voting rights. During the Vietnam War, thousands of eighteen-, nineteen-, and twenty-year-old men were drafted into military service.
More than than 270,000 troops are being denied their gun rights,mainly from the thoughts of those who are against the 2nd Amement. It really is common in the United States. And they also are very powerful and one shot can change your life for the worst, if used incorrectly. And that shot can or even could killed somebody. And that what makes them deadly. Guns are essiential to the United States of America because guns give us protection, and they are used for hunting and other recreational activities, and they really aren’t the biggest problem to the country.
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.
Following the American Civil War, the bloodiest armed conflict on US soil, slavery had been outlawed from the US. It had taken the US until January 31, 1865, less than two-hundred years ago, for slavery to be abolished. Yet, it was still abolished, albeit, later than many other nations throughout the world. It had taken yet over another year for the fourteenth amendment to be passed in June 13, 1866, making all former slaves into citizens. But, perhaps the greatest and most important right of all, the right essential to any democracy or republic, the right to vote, was given to former slaves through the fifteenth amendment.
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.
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 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).
The right to bear arms is a birth given right to all Americans by the Second Amendment to the United States Constitution. The Second Amendment has become controversial recently due to the technological advancement of firearms. Modern firearms are capable of both high rates of fire and greater capacities of ammunition, unlike the single shot muskets that were available at the time of the Second Amendment’s conception. American liberals view these improvements in firearms as dangerous and unnecessary. However, no matter how dangerous firearms may be, the Second Amendment is a necessity for one factor alone: protection from one’s own government and it must be upheld. The Second Amendment provides a physical tool for Americans to defend themselves against a tyrannical government, it allows Americans to form militias against a tyrannical government, and it allows Americans to maintain comparable firearms of the U.S. government in order to prevent the potential loss of American freedoms in the future.
The Fourteenth Amendment to the United States Constitution is commonly regarded as a major victory against racism that further advanced democracy in America. Adopted on July 9, 1868, it attempted to transform the oppressive culture of the Confederacy by granting citizenship rights to all people born or naturalized in the United States and affording equal protection under the law to all U.S. citizens. Nonetheless, in spite of aiming to put an end to discrimination against African-Americans and other minority groups, this important amendment did not entirely succeed in eradicating racism during the Reconstruction era.
Safety over rights or rights over safety is the question that the proposed 28th amendment makes U.S. citizens question. Michael Moore’s proposal is a contemporary approach on gun control in current day 2017 where fears of terrorism and mass shootings are relevant. Despite Moore’s new proposals Arizona citizens will better benefit by voting no on the proposed 28th amendment. This amendment will heavily affect Arizona as a limited constitutional carry state because it will not provide necessary help for times of need and will limit and infringe upon the rights assured by the second amendment.
The First Amendment one that is watered down, serves as example of the freedom we as Americans have. It is best known as the amendment that lets us say what we want when we want. There is more to it that gets overlooked. It blocks government from establishing a theocracy, grants the people the right to peacefully assemble and protest the government for a redress of grievances. Our press is independent and is given freedom to publish at will. Our freedoms embolden us to speak out and organize for progress and against society's wrongs. Sometimes groups will organize to speak out but will sink to extreme measures as a means of expression. The first amendment has seen challenges in recent months. “Donald Trump referred to the press, and I'm quoting his exact words, as "dishonest, disgusting, and scum."Just ten days ago, you might have heard in a press conference, President Donald Trump said that the "press is out of control."(Chemerinsky, 553). To clashes between different ideologies on college campuses with some initiating riots. The first amendment grants many freedoms, however it does not grant protection from consequence.
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
Congress and Abraham Lincoln were able to pass the 13th Amendment, but shortly after the end of the war Abraham Lincoln was shot while attending a play at a theater. After Abraham Lincoln passed away Congress had a more difficult time under Andrew Johnson who tried to veto a Republican bill. Congress retaliated by voting to impeach the Andrew Johnson. Afterward Congress was able to pass the 14th and 15th Amendments. The 13th, 14th and 15th Amendments changed the United States by increasing the federal government’s power over the States and this had an affect across society.
It was not until after the Civil War that the Thirteenth, Fourteenth, and Fifteenth amendments were enacted and began protecting individuals against the states. The Fourteenth Amendment has been the principal means by which this protection has been accomplished. It reads, in part, “No State shall...deprive any person of life, liberty, or property without due process of law.” The Supreme Court had interpreted this guarantee of liberty to embrace the fundamental liberties in the Bill of Rights, meaning that the state governments must observe and protect them to the same extent as the federal government this is also known called incorporation. The amendments in the Bill of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states.