The 14th Amendment Essay

There was no clarification on what race would be considered white or what would be considered black. During this incident, “Homer Plessy, who was seven-eighths white and one-eighth African American, purchased a rail ticket for travel within Louisiana and took a seat in a car reserved for white passengers. (The state Supreme Court had ruled earlier that the law could not be applied to interstate travel.) After refusing to move to a car for African Americans, he was arrested and charged with violating the Separate Car Act.”(Duignan 2017). Judge Ferguson ruled that the separation was fair and did not violate the fourteenth amendment. The state Supreme Court also backed up this decision. The case was brought to the Supreme Court and "The law was challenged in the Supreme Court on grounds that it conflicted with the 13th and 14th Amendments. By a 7-1 vote, the Court said that a state law that “implies merely a legal distinction” between the two races did not conflict with the 13th Amendment forbidding involuntary servitude, nor did it tend to reestablish such a condition." (History.com Staff 2009). This decision set the key precedent of Separate but Equal in the United States. Racial segregation kept growing.

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.

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 right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –U.S. Constitutional Amendments

In order to protect the diverse races in this country, a new amendment was passed giving every natural born American or anyone naturalized in the United States the right to protection of the laws. Meaning, people that fell into the expectations were granted citizenship and states could not deprive citizens of their rights and privileges. Not everyone was included in the 14th Amendment. Immigrants and especially Native Americans were excluded while whites and African Americans were included.

In the case of Barron v. Baltimore in 1833, the Supreme Court ruled that the Bill of Rights are just restrictions on the federal government alone. To prevent the states from limiting rights granted to the citizens in the Constitution, the 14th Amendment was passed. The 14th Amendment was adopted on July 9, 1868 as one of the Reconstruction Amendments. The amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves after the American Civil War. It was severely contested, especially by the states of the Confederacy that were defeated and were forced to ratify it in order to regain representation in Congress. The amendment’s first section includes many clauses, but one important one is the Equal Protection Clause. This clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. The clause has also been the basis for many decisions rejecting irrational or unnecessary discrimination against people belonging to various groups. Eventually, selective incorporation occurred in which the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the 14th Amendment. Now, the same liberties that were granted to the federal government, were now enacted with the state governments. Same-sex marriage is one of these fundamental rights, rights that require a high degree of protection from government

The fourteenth Amendment clearly states 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 where they reside. This amendment enables pregnant woman to come into the United States , either legally or illegally, long enough to have a baby born in the United States granting them with full rights of citizenship and return home. People have come to question and assume that this section of the fourteenth amendment has become a problem, believing that these pregnant women have arrived to only bring disgrace and in justice to our Country. Those people who question these pregnants women's thoughts and actions, are wrong. These Women are not a problem to the United States for not all of their intentions are wrong, and most of their hearts are in the right place.

One man is considered the father 14th Amendment, Ohio politician John Bingham. Although he isn’t recognized as much as other people during that time, he did bring up one major point in Congress, “limitations of the Constitution upon the States in favor of the personal liberty of all of the citizens of Republic black & white [are] soon to become a great question before the people.”On July 9, 1868, Congress passed the 14th Amendment, this gave citizenship to the newly freed slaves. Citizenship was only defined as being a citizen of a state before the 14th Amendment was passed; this did not include the slaves at that time.

After the Separate Car Act of 1890 passed in the State of Louisiana which required separate railway cars for blacks and whites a man of mixed race who was seven eighths of European decent and of one eighth African descent purchased a first class ticket, and upon taking his seat was once asked to move to the black only car, then was arrested for violating the separate car act, Plessy’s side argued that the Seperate Car Act had violated his thirteenth and fourteenth amendment rights. Judge Ferguson found Plessy to be guilty, and the Louisiana Supreme Court upheld his decision with the intention that it was the rights of the state to regulate railroad companies within the state.

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

On July 9, 1998, the government of the United States adopted the 14th amendment as one of the Reconstruction amendments. The amendment granted citizenship and was passed as a solution to end slavery after the Civil War. Today, there have been hearing about the government trying to manipulate this important law for many illegals in the U.S. In my opinion, I totally agree with this right; the meaning of being considered American is being born in the US territory. Moreover, this particular law it is used mostly by the offsprings of many illegal aliens. The law consists of providing an American citizenship to the infants of illegal citizens staying in the United States. For this reason, the babies should be granted a citizenship regardless of their

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.

The 14th Amendment of the constitution, ratified on July 9, 1868 forbids states from denying any person the right to “liberty or property, without due process of law” or to “deny to any person within its jurisdiction the equal protection of the laws. This amendment was made for American slaves whom didn’t have freedom. Its purpose was to give “rights” to African American slaves and to end slavery entirely at first this didn’t work because, for many years to come the U.S. was and has been a very divided nation between minorities and those with higher powers. The corporate took advantage of the 14th amendment to be free from discrimination in certain states. It was side swiped by the corporate American to make more money for themselves other than helping people in need. The Fourteenth Amendment was one of three amendments to the Constitution adopted after the Civil War to guarantee black rights. The amendment was made to grant citizenship to and protect the civil liberties of recently freed slaves. Over the past few years the Supreme Court has found that not only a group of authorized people but also being human should give them constitutional rights. It did this by means of granting citizenship to everyone born in the United States and prohibiting states from denying or abridging the privileges or immunities of residents of the U.S., depriving any character of his life, liberty, or property without due method of law, or denying to any individual within their jurisdiction the

It would be an understatement to say that the 2016 Election exposed the conservative and radical side of the United States which the rest of the nation unknowingly ignored. With his hyper-conservative agenda, Donald Trump ignited hope for Republican states who for years, lived in unsatisfied with an administration that didn’t accurately capture the beliefs of rural America. This sudden burst of radicalism has been festering in the middle and southern region of the United States since arguably, the 14th Amendment has taken over the nation and transformed it into a paradoxical phenomena. Despite of changing times, the South’s conservative and often racist ideals are still present in the modern day America, giving an illusion that the country has one foot in the past and one in the present.

The 14th amendment of the constitution should be amended so that children of illegal immigrants born on U.S soil are not granted citizenship. Illegal immigration has been a problem that has plagued the United States for many years. Although Immigrants have played a great deal into the influence of culture in our country the underlying problem boils down to “birthright citizenship” -the guarantee of citizenship to the children of illegal immigrants who were born on US soil. Children born on U.S. soil to Illegal Immigrants should not become U.S. citizens without going through the US immigration process to attain citizenship.