The Amendment Of The Constitution

959 WordsApr 20, 20164 Pages
The Fourteenth Amendment of the Constitution is considered by many to be the catchall amendment within the reconstruction amendments that passed not long after the Civil War. Its due process and especially the equal protection clause have single handily changed the course of American History for all eternity. I believe that there are several key issues that plague the way our highest court approaches matters of sexual orientation and other issues as well. In this document I intend to explore what events of the past led to the constitutional interpretation of today regarding the fourteenth. In doing so we will travel over the course of a century or more in time and see the social landscape of a nation evolve based upon new societal interpretations and little more. To begin with some key case law that affected the courts constitutional interpretation regarding equal protection we must begin with Plessy V. Ferguson. In Plessy V. Ferguson we find the court upheld the state law requiring railroads to maintain two separate cars for black and white while traveling within the State of Louisiana. The rational of the court no matter how wrong I feel it is was that in regards to intrastate commerce the law was constitutional. Justice Harlan wrote the dissent and I feel he made precise remarks that played a role in the future interpretation of the Fourteen Amendment. Harlan basically laid the groundwork in reference to the highest law of the land being colorblind in everyway.
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