The Pros And Cons Of The 14th Amendment

The 13th amendment abolished slavery and freed millions of African Americans. This was supposed to improve their lives and give them a new beginning. However, more than 30 years after the abolishment, their situation has not improved. Their right to vote was revoked in many southern states during the early 1890s. Less than 40% of black children were enrolled in schools in Georgia by 1880. Between 1880 and 1918, over 2400 African Americans were hanged. Africans had the lowest paying jobs and very few owned land. Jim Crow laws were established in many southern states to legalize segregation. Their situation was disastrous and wasn’t improving. Four respected spokespersons presented their ideas to fix this racial inequality crisis. The four courageous people who offered their alternatives were Ida B Wells, Booker T. Washington, Henry Turner and W.E.B Du Bois.

An educated society has always been thought of as an essential need for the people of the Americas. The Land Ordinance of 1785 and the Northwest Ordinance of 1787 were enacted in the colonies pre declaration of independence from England. These were the first ordinances or acts passed that stated responsibilities of the nation for an education system. Article 1, Section 8 of the Constitution allowed Congress the power collect taxes to provide for the general welfare of the United States. It is under this "general welfare" clause that the federal government has assumed the power to start educational activity in its own right and to participate together with states, and people in educational activities.

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.

Barron V. Baltimore (1833) is a significant case in history because it concluded that the fundamental rights provided by the Bill of Rights were not guaranteed by the state. The U.S. Supreme Court ruled in favor of Baltimore, concluding hat the 5th amendment was limited and should be followed by the Federal government. Through this case, Supreme Court Justice John Marshall declared that the Bill of Rights applied to the federal government, not including the states. According to Section 1 of the 14th Amendment, “government laws must not abridge upon the life, liberty, or property on an individual without just cause”. Because of the Due Process Clause in the 14th amendment, the decision in Barron V. Baltimore had been

The 14th amendment is an amendment about civil rights and liberties. In the 14th amendment, it talks about equal protection of the law for all people no matter what race, religion age gender economic status or anything else it also states that due process and equal protection must be enforced at state levels too.The 14th amendment was created in an effort to end discrimination. In theory the 14th amendment sounds wonderful and very effective however in real world situations the 14th amendment and bill of rights are not as effective as they were thought to be. This is evident through many things a few these are inequalities that are still present (document 1,4), still favored rich over the poor(document 3) and still does not show equal protection for all races (document 5).

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.

As we grow up, there are certain rights that we develop as people as we age. For example, at the age of 18 we are given the right to vote in elections as well as purchase tobacco if we so choose too. But there are certain rights, given to all citizens of the United States, independent of age, that also can not be taken away. As an example, the 1st amendment allows for the freedom of religion, press, speech, assembly, and petition. The 14th amendment gives citizenship to all people who are born or naturalized in the United States. In today’s day in age however, one amendment has become quite controversial, the 4th amendment. This amendment protects people against unreasonable and unlawful search and seizure and that warrants may not be issued unless there is probable cause. What becomes controversial now is whether or not this amendment includes the protection of what a person says or does on the internet as well as what a person says to another well calling another person. The 4th amendment reads, “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.” In its current phrasing it is vague enough to push the boundaries of what is protected and what isn’t. For this reason it needs to be updated to fit

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.

For centuries, the success of a democratic society has been measured by its commitment to equality, a resounding principle central to our nation’s founding. The Enlightenment-inspired language of the Declaration of Independence, namely the age-old axiom that “all men are created equal,” pervades our perception of the American creed. However, nearly a century passed before the Lockean principles espoused in the Declaration of Independence began to bear the force of law. Entitling American citizens to due process and equal protection of the law, the Fourteenth Amendment, perhaps the most transformative Amendment of all, has inspired the steady progression of American society. Nonetheless, while the Amendment serves as the chief legal force behind the democratic goal of equality, questions regarding its achievement of that goal

The Fifteenth Amendment granted black men to vote. Put emphasis on men because at this time women still couldn't vote.This amendment would not be fully followed until almost a century. What the government did was that they made a literacy test so difficult that no slave could pass because they had no education. So no blacks could vote really for a long time. So to loop their loophole that made a rule called the Grandfather Clause. This made if your grandfather could vote you did not have to take the literacy test. So every white person's grandfather could vote since they lived in england. So this rule did not apply to blacks since their grandfathers were black and could not vote. One of the main reasons that they made this rule is because

The 14th amendment was established after the American Civil War. It addresses the equal protection and rights for everyone. In addition to equal protection under the law to all citizens, the amendment also prohibits citizens from being deprived of life, liberty, and property. Although our laws guarantee equal treatment for all citizens, we often judge people based on their color, religion, and gender.

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.

Thanks to the groundbreaking Thirteenth Amendment, no person may be forced to work except in retribution for a crime he or she committed. The Thirteenth Amendment to the United States Constitution is often viewed only as the amendment that abolished the insufferable slavery of African-Americans, - and this does appear to be the case on the surface - however many more interpretations promise many useful arguments for the labor movement and cause controversy over its ineffectiveness in combating racism and its hand in creating the hotly-debated American for-profit prison system.

The argument brought before the Supreme Court was to eliminate the ban on same sex marriage that was still held by thirteen states. This was done as part of a lawsuit called Obergefell versus Hodges. Court documents outline that, “14 same-sex couples and two men whose same-sex partners are deceased, filed suits in Federal District Courts in their home States, claiming that respondent state officials violate the Fourteenth Amendment by denying them the right to marry or to have marriages lawfully performed in another State given full recognition.” (United States Court of Appeals)

One of the fundamental parts of the 14th Amendment is its defense of the peoples’ right to “life, liberty, and the pursuit of happiness.” If marriage is restricted to heterosexual couples, then it is an obstruction of gay citizens’ rights to pursue happiness. Many gay citizens cannot be completely happy until they can marry the one they love. In Texas, a ban on same-sex marriage was struck down by federal judge Orlando Garcia. His reason behind fighting this ban was that it “conflict[ed] with the United States Constitution's guarantees of equal protection and due process.” Moreover, as demonstrated in the 1967 Supreme Court decision that banning interracial marriage is unconstitutional, the government cannot decide who citizens can marry. There is also an element of sexism to the disallowance of same-sex marriage as it is discrimination on the basis of gender to stop a marriage because one party is of the “wrong” gender. Therefore, it is a blatant violation of the 14th Amendment’s “equal protection” guarantee to create laws against gay