State Purpose Of The Fourteenth Amendment

The court also referred to its 1955 decision in “Naim v. Naim” as stating the reasons supporting the validity of the anti-miscegenation laws. In Naim, the state court concluded that the State's legitimate purposes were "to preserve the racial integrity of its citizens," and to prevent "the corruption of blood," "a mongrel breed of citizens," and "the obliteration of racial pride," obviously an endorsement of the doctrine of White Supremacy. The court also reasoned that marriage has traditionally been subject to state regulation without federal intervention, and consequently, the regulation of marriage should be left to exclusive state control by the Tenth Amendment.

John A. Bingham, Republican of Ohio had long been a believer in the idea of equal protection of the laws for all people, and was one of the leaders of the effort to pass the Fourteenth Amendment. While aware of the need to prove the constitutionality of the Civil Rights Act with the Fourteenth Amendment, Bingham did not actually believe that the Fourteenth Amendment created any new rights. Rather, he believed that it created a new understanding of rights already in the Constitution. Bingham maintained that, “The…equal protection of each [in] those sacred rights which are as universal and indestructible as the human race…are by this Constitution guaranteed…’” The guarantee to which Bingham was referring is contained in the Fifth

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.

The Fourteenth Amendment was ratified in 1868 and the amendment was put in place to protect former slaves and their rights in life. The most important part of the amendment reads, “No state shall ‘deprive a person of life, liberty, or property without due process of law; nor deny to any person… the equal protection of the laws.’” This simple statement has one of the most profound and incredible parts of the United States today. The equal protection of the laws show that there must be equal treatment for all citizens regardless of race, class, or gender. Although there has been many racial events happening after this amendment was passed this clause still stands to today and has helped shape the United States for the better. Having this clause in the Fourteenth Amendment protects the ‘little guy’ and makes sure that everyone has the same ability to do whatever everyone else is doing.

At the time the fourteenth Amendment was made, The Civil War had recently arrived at an end, beating the Confederacy. Acting president,Abraham Lincoln, had proclaimed the slaves liberated toward the end of the war; but, there were still a great deal of waiting inquiries with respect to the previous Confederates and the status of slaves in the nation. The Amendment was made to give people below the jurisdiction of the statute the privilege to fairness. This was known as the Equal Protection Clause. At this time, the purpose behind the fourteenth Amendment is to guarantee that the Civil Rights Act was maintained. On the other hand, taking after the selection of the fourteenth Amendment, Supreme Court choices started putting limitations on the

“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.

The 14th amendment was passed three years after the most gruesome war in American history took place. This war is known as the “Civil War” but in aged southern textbooks it is known as the “War Between the States”. The Civil War was a prime example of why the 14th amendment should be passed. Looking at what influenced the war and what the 14th amendment stood for, showed a common influence. A huge influence on the 14th amendment was freed slaves because of the rights they were entitled to. On July 28th, 1868 the secretary of state issued a proclamation ratifying the 14th amendment. This granted citizenship to all born or naturalized in the United States. The 14th amendment forbids states from denying any person life, liberty or property, without

The 14th Amendment was introduced in 1866 and ratified in 1868 by Congress and two-thirds of the state. It attacked national court cases such as Dred Scott and state cases such as People v. Hall in California. This amendment provided citizenship rights to former slaves born in the U.S., guaranteeing no state can deny an individual of their privileges without the due process of law. It also guaranteed each individual the equal protection of laws.

The significance that the 14th amendment had was so imperative because, not only did it make sure fellow African-Americans were granted citizenship they also had to be treated as equals. This allowed them to have equal civil rights and equal legal rights. It is almost as though they no longer treated the African-Americans as slaves and workers but more like people. “It stated that all persons born or naturalized in the United States are granted citizenship”.(14th amendment SECTION 1) This also allowed everyone as a whole to have equal opportunities. The 14th amendment was proposed on June 13th 1865 and it wad passed on July 9th 1868. There were 38 states that ratified the 14th amendment.

Three amendments of the U.S. Constitution, the 13th, 14th, and 15th, erupted from the radical Republican congress and their ratification under individual state constitutions were used as a requirement to re-enter into the Union. Firstly, the 13th Amendment (1865) eradicated slavery in the South and terminated the ineffectiveness of the Emancipation Proclamation of 1863 that transformed “the fight to preserve the nation into a battle for human freedom” (“Thirteenth Amendment”). However, the ambiguous language of “neither slavery nor involuntary servitude…shall exist within the United States” presents in the 13th Amendment and challenges the modern practice of slave labor within non-U.S. territory (Wolff). The rise of globalization pioneers

The 14th Amendment was added to the Constitution in order to guarantee equal treatment and to forbid any state to deny someone the right to receive a fair chance with issues of life, property and due process. (p 30). Today, the 14th Amendment continues to represents as one of the most historically significant building blocks to our nation's democracy. It still symbolizes our country's promise that everybody is created equally under the law regardless of gender, race, orientation or nationality. The relevance of the 14th Amendment outlined in the United States Constitution shapes the origin and growth of our nation.

Now Cometh Triginal D. Jackson in a Motion for Dismissal on the grounds of excessive Governmental Involvement and abuse of Fourth Amendment 's "right of the people to be secure in their persons" the Fifth Amendment. Ninth Amendment, and the Fourteenth Amendment.

July 9, 1868, the day the Fourteenth Amendment was ratified and establish into the Constitution. On this day, the Federal Government granted citizenship to “all persons born or naturalized in the United States.” This all changed on October 3, 1965 when Lyndon Johnson passed the Hart-Celler Immigration Bill. When this bill passed, it allowed politicians to redefine the way the Fourteenth Amendment was written. The obvious reason politicians would want to take advantage of this is for votes. If you have illegal aliens coming into the country and politicians granting them citizenship, the aliens are more than likely going to vote in favor of the politician that allowed them to accommodate with ease. This not only transformed the law and Constitution, but America itself.

For years, there is a long going debate whether or not the Freedom of Speech is limited or not. However, thanks to the court case of Gitlow v. New York (1925) reminding us on what the importance of Freedom of Speech and Expression leading to the effectiveness of the 14th amendment does for us, do we have the basis to check on how the US is doing with the civil liberties after this instance that our founding fathers and framers have given to us in the first place.