Pros And Cons Of Article 14

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,

Pongskon Bupphasawan Professor Sharifian Government 2305-75427 June 30, 2017 The Fourteenth Amendment Introduces a Passive Citizenship The 14th Amendment authorizes all the people who is born on the U.S. soil automatically get an U.S. citizenship. Therefore, the 14th Amendment brings thousands of foreigners who desire American residency to give their children birth in the U.S. There are no laws to reject pregnant women to come to the U.S. Foreigners believe they would get a better healthcare and many of them believe to seek American Dream. 1 According to the “Born In The USA: Why Chinese ‘Birth Tourism’ Is Booming In California”, “Chinese women are flocking to the United States — California, in particular — to have children who will grow up as American citizens,” and it reports that “Chinese births in the U.S, but estimates by industry publications projected a total of 60,000 for 2014” (Sheehan). The 14th Amendment should require more process to give a U.S. citizen from birth tourism by requiring the tourists parents enroll in a program that teach about U.S. government, and they will know the duty of American is a must for Americans.

In any given constitution a nation, the recording of bills of rights has been a gradual process. All the aspects of life in society were done with respect to the law. The society requires being guided by certain principles and guidelines that would define and evaluate each and every aspect of their lives. To ensure that the entire society remained focused and concentrated in the given policies and guidelines, they recorded in the constitution and made available to each and every member of the society for the purpose of doing reviews. The action of the people would be judged in accordance with the constitution. With society running several errands towards the realization of development, many fields had to be covered. Criteria for the operation of the people would require significant efforts to accomplish the set objectives. Violations in the society occur either due to misunderstanding or lack of awareness of the rights present in the constitution. Any form of violation is evaluated by the appropriate form of punishment offered. (Hand, 1965)

The first section of the Charter embodies two capacities that are vital to the definition and interpretation of the ‘reasonable limits clause.’ Section one “guarantees the rights and freedoms set out in it” as well as stating that the criteria for limiting a person’s rights and freedoms must be “prescribed by law as can be demonstrably justified in a free and democratic

The Fourteenth Amendment has, overall, been a great incorporation into the Constitution through its equal protection clause, due process clause, and other specific feature such as the ability to be show the presence of the separate but equal mindset invested amongst individuals in the Court case of Plessy v. Ferguson, the implementation of said mindset in the decision of the Brown v. The Board of Education Supreme Court case, the usage of the due process clause in the 2000 presidential election between Republican George W. Bush and Democrat Al Gore, and both equal protection clause and de process clause in the more recent case of obergefell v. hodges.

The constitution is the foundation of America. It has the country’s beliefs and rights within it. In 1791, the Bill of Rights was added to the constitution because the Anti Federalists refused to ratify the constitution till the Bill was added. The Bill of Rights not only guarantees citizens rights but also it ensures a limited government. The 14th amendment was later created in 1868 which guaranteed due process of law and equal protection under the law. The Bill of Rights and 14th amendment was made in hope that the government would learn their limitations and wouldn’t interfere with a person’s rights. It was basically the rules set for the government to follow. However as time goes by, the effectiveness of the Bill of Rights has lessened.

1. Description of the facts of the case a. Melissa Lewis, 26 years old woman, killed her long-time boyfriend, Jermaine Ludlow Gillespie, by stabbing him on his neck on while he was driving a car. b. The incident took place on May 29, 2010 while the couple get into an argument in the car. Lewis took kitchen knife out of her purse and stabbed him in the neck severing the main artery.

The 14 amendment is the most important in my opinion because it’s the right of equal opportunity

If we look for a second at the U.S. Constitution we can clearly see that the 14th amendment prohibits this. Secession from the union of the United States was the open legal question before the Civil War, or as it is also known as in the South as the War of Secession. The 1830 Senate debate between Robert Hayne and Daniel Webster was centered on whether the Constitution was a treaty between multiple states or the founding’s of a single country. However the issue was practically decided by the war and the amendment that came with it.

At the outset of the 14 amendment is the due process clause. This clause is similar to the fifth amendment but without the limitations of

For many years it has been argued that parliamentary sovereignty has, and still is, being eroded. As said by AV Dicey, the word ‘sovereignty’ is used to describe the idea of “the power of law making unrestricted by any legal limit”. Parliamentary sovereignty is a principle of the UK constitution, stating that Parliament is the supreme legal authority in the UK, able to create and remove any law. This power over-rules courts and all other jurisdiction. It also cannot be entrenched; this is where all laws passed by the party in government can be changed by future parliaments. In recent years sovereignty of parliament has been a

With freedom of speech can come violence, a common reason for nations and governments to deny this right. Some societies, such as Singapore, agree that by enforcing certain laws that abide the government keep said nation “orderly and relatively crime-free” (Reyes, par. 3). Freedom of speech can also mean

The first major right that is being violated is the freedom to say what you want. In the article, it says how Amos Yee was being harassed by the Singapore government for expressing his views on the religion and politics publicly. The article also says “the prosecution against him was illegitimate because it was based on laws that were meant to restrict his freedom of expression.”

7. Armed Forces Special Powers Act: The Debate G K Pillai IDSA Monograph Series, No.7 November 2012. This book describe about the Amendments to the Armed Forces Special Powers Act giving opinion and views from violation Affected Areas, opinion from Human Rights Perspective giving arguments to show how AFSPA contravenes fundamental rights, The Security Forces Perspective and Public Perception of the inability of the army to communicate its point of view, despite misperceptions about the law and the positive contribution made by the army over a period of time. However, the study has made some basic recommendations in the conclusion, in an attempt to capture the essence of the debate. The final recommendations of the study have been made based

What characteristics should legislation under Article 23 of Hong Kong's Basic Law have to make it consistent with the guarantees of freedom of expression in Hong Kong?