The Right To Justice In The 14th Amendment's Insurance Of Freedom

The 14th amendment deals with equal protection to all citizens of the United States of America. All citizens are guaranteed their civil liberties, whether it's freedom of speech, religion, expression, right to bear arms, protection of the accused, etc; however, in the last couple decades, one of these rights has been a huge issue among the U.S. Government and citizens. The debate over the right to bear arms is not one-sided and has caused controversy throughout the years with many court cases, conspiracy theories and public outrage.

The 14th Amendment of the United States constitution guarantees that, “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; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S Constitution, Sec. 1). This amendment gives the citizens of the United States their basic human rights and the process that must be taken accounted for in any given court cases. No individual born in the United States should be stripped from their rights no matter the circumstances, for example the skin color, race, religious beliefs or sexuality preferences should interfere. The Constitution is a document that was signed on September 17, 1787 for the nation in order to solve any pre-occurring disagreements that were bound to happen soon (“Constitution Faqs”). The document establishes the rights that are given to all U.S citizens laying out their rights, the freedoms that they are granted, and the series of events that were to occur in the court of law. When the Constitution was signed into effect many people at that time period had a hard time adjusting to the new laws and regulations. Despite the new laws, many would still abide their own personal traditions and not follow the new established laws. This Mentality that many had would continue to happen for the next couple of decades to come. For example,

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.

According to the thirteenth amendment, “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The purpose of the thirteenth amendment was to end slavery or any form of involuntary servitude everywhere among the United States. There was new hope for African Americans throughout the country but unfortunately their freedom had a limit and coincidentally, President Lincoln was assassinated shortly after. Jim Crow laws were established among the states and local laws enforcing racial segregation in the southern states of the United States up until 1965. This is how white southerners

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.

Patient’s fifth right is for respect and care without discrimination from all members in the healthcare field. The right to confidentiality and privacy of their health information is sixth on the bill of rights and addresses their right to read, copy and request corrections to their medical record, to talk privately their medical providers and be assured their healthcare information is secure. The seventh right is for patients to have a “fair, fast, and objective review of any health care complaints” (Consumer Bill of Rights and Responsibilities, 1998). And finally our eighth right as patients are our responsibilities we have as the consumer of healthcare services. Patients need to comply with the orders of the medical provider so they can get and stay well. As a patient you must treat other patients and healthcare workers with respect, pay your medical bills in a timely manner, and abide by your selected healthcare plans coverage. As patients become more involved in the total healthcare process they increase the success of their treatment while assisting in lowering associated costs without a reduction in the quality of the healthcare they receive.

“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.

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

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

In the summer of 2015 the U.S supreme court ruled in favor to legalize same-sex marriage in all 50 countries in the United States. This all occurred because of the Obergefell v. Hodges (2015) case. This very important case involved “14 same-sex couples and two men whose same-sex partners are deceased” and the couples argued that the “state officials violated [their] 14th amendment by denying them the right to marry or to have marriages lawfully performed in another state given full recognition and also violated their equal protection Clause. The supreme court ruled for this case because in the 14th Amendment it clearly declares that all people should have “equal protection under the law”, regardless of race or ethnicity.

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

Autonomy: Patients have the right to determine what should be done with their own bodies. Because patients are moral entities they