Section 1 Of The 14th Amendment Essay

The right to health care should be considered a civil right. People should not be discriminated against for being sick. Americans who are ill should not have to make the choice between financial ruin or paying for the medical treatments they need to stay alive. Coverage of all Americans would best counter or contain the spreading of epidemics such as the H1N1 flu (swine flu) or smallpox. (ProCon.org 2013, April 12).

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.

Sanjay Sanghoee wrote an article for The Huffington Post stating, “The reason that Americans are so divided on this issue is that the right to good health (which can only be ensured through guaranteed health care) is not mentioned in any of our founding documents” (Sanghoee 2013). The fact that the “right to good health” is not mentioned in any founding documents is because healthcare wasn’t an issue in 1776 when America first became a free country. Even if there were a developed healthcare system back then, it would be so different to the healthcare we have today. Amendments and rights have been added to the constitution, including the right to due process, and prohibiting search and seizure (Sanghoee 2013). If the right to health care was so important, it could have been added to the constitution as a right.

Birthright citizenship is a principle stating that people born within the country should be recognized as U.S.

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 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.

Although the primary aim was to secure citizenship for African Americans, the debates on the citizenship provisions of the Civil Rights Act of 1866 and the Fourteenth Amendment indicate that they were intended to extend U.S. citizenship to all persons born in the United States and subject to its jurisdiction regardless of race, ethnicity or alienage of the parents. The Civil Rights Act of 1866 declared that “all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United

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.

The fourteenth amendment grants citizenship to "all people born or naturalized in the United States" which included slaves who had been freed after the Civil War. The fourteenth amendment had been rejected by most states but was ratified by the required three-fourths of the states. Known as the "Reconstruction Amendment," it forbids any state to deny any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws."

“Does the 14th Amendment’s equal protection clause apply to school-age children who have been “illegally” admitted into the United States?” (Justia, n.d.). The equal protection clause requires that the law treat all American citizens equally; however, does the equal protection clause also demand equal treatment for those who are not citizens of the United States or who have entered the United States

In 1868, the United States of America's Congress adopted the 14th Amendment to the Constitution stating that, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State

A sensitive issue in the United States today revolves around the issue of human services. Is health insurance a fundamental human right or is it just a benefit for the people who can afford to pay for it? The healthcare system in the United States gives people the freedom to choose to pay for it or not. Medical services are, in fact, something people should pay for to get it.

Health care is a basic human right every citizen in the United States should receive and be granted no matter the circumstance.

The 14th Amendment of the US Constitution states: All persons born or naturalized in the United States, are subject to the jurisdiction where they reside. 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:

While different nations have proclaimed healthcare to be an essential right, the United States regards medical services as a benefit, just accessible to