Two great leaders of the African American community in the late 19th and early 20th century were W.
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 wherein they reside. 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.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. This seemingly simple language has given rise to endless controversy over its interpretation.
Beginning with the Slaughterhouse Cases, the Supreme Court has decided cases involving the Fourteenth by selectively invoking only the most minimal and restrictive rights needed to decide each case, and never finding or declaring in dictum that the Fourteenth protects all rights recognized by the Constitution.
This has led to the doctrine of selective incorporation of the Bill of rightsmost of which have eventually been included in the protection, but a few of which have not. The Supreme Court has avoided taking any cases that would require it to rule on the right to keep and bear arms or assemble as an independent militia.
It has, however, ruled that several provisions of the Fifth Amendment do not apply to the states. The first major case was Hurtado v.
The issues were set forth well by Justice Harlan in Hurtado, whose dissenting opinion is correct. Unfortunately, the majority did not agree with him. The state was California, and although grand juries in California still have the power of indictment, most crimes are prosecuted upon an information, which is only a finding by a lower magistrate.
On the basis of this decision, a few states have even eliminated the grand jury system altogether. Subsequent important cases were Twining v. New JerseyU.
ConnecticutU. The dissent of Justice Black in Adamson is especially interesting because he set forth in an Appendix much of the material presented below. The framers of the 14th could have expressed themselves more clearly.
The record below indicates what happened. They became a inner circle of debaters who developed their own understanding of the formulations they drafted without testing the language on outsiders to see how it might be misunderstood. When Bingham and the others spoke to the public, they expressed their intent for the amendments, but seldom actually presented the draft language for public comment.
This statements of the Fourteenth were adopted for a reason. They were not without force and effect. They were intended by the framers of the Fourteenth to extend the jurisdiction and protection of federal courts to all rights recognized by the Constitution and Bill of Rights against actions by state government.
First, "any law" includes the state constitutionwhich is its supreme law, subject to the U. Second, for the framers of the 14th Amendment the term of art, "immunities", meant all those rights recognized and protected by the Constitution and Bill of Rights, including those of the Ninth and Tenth Amendments.
The framers of the Fourteenth used the word "immunities" because the rights recognized and protected by the Constitution and Bill of Rights are rights against action by government, which are "immunities", as distinct from contractual or tort rights.
If there is any doubt as to what the framers of the Fourteenth meant by their words, here are some more of their words, taken from debates in Congress and the press during the drafting and ratification debates on the amendment.
What follows has been heavily based on Halbrook, Stephen P. The Congress shall have power to make all laws necessary and proper to secure to all persons in every state within this Union equal protection in their rights of life, liberty and property.
Thaddeus Stevens of Pennsylvania proposed a similar guarantee:Civil Rights essays / The Fourteenth Amendment Jon Pennington Dr.
Girard U.S. Survey Present The Fourteenth Amendment 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.
ment (making slavery illegal), the Fourteenth Amendment (deﬁn-ing and granting broad rights of national citizenship), and the Fif-teenth Amendment (forbidding racial discrimination in elections).
The Fourteenth Amendment was . The Fourteenth Amendment and Equality Under the Law - The Fourteenth Amendment and Equality Under the Law The Fourteenth Amendment was adopted in as one of the longest amendments to the Constitution with five parts in total.
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, , 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 following the American Civil War.
Jon Pennington’s Paper on the Fourteenth Amendment ( words, 1 pages) Jon Pennington Dr. J.P. Girard U.S.
Survey Present The Fourteenth Amendment 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.
Intent of the Fourteenth Amendment was to Protect All Rights. Jon Roland Sep. The main clauses of the Fourteenth Amendment are: Section. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the .