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 …show more content…
This statement encapsulates why the framers of the Fourteenth Amendment found it necessary to include that, “No state shall…deny to any person within its jurisdiction the equal protection of the laws.” Bingham’s reading of the Constitution already incorporated this point, but Rogers’ certainly did not, so by placing it in the Fourteenth Amendment, the framers ensured beyond all doubt that the right of all citizens to equal protection of the laws would be part of any subsequent reading of the Fourteenth Amendment. The Fourteenth Amendment accomplished three important things in terms of providing equal protection of the laws. These three things, which are found in Sections 1 and 5, were providing a definition of citizenship, declaring what protections states were required to give to their citizens, and giving the federal government broad power to take action against states that did not provide the necessary protections to their citizens. While it might at first seem superfluous, one of the most important parts of the Fourteenth Amendment was that it provided a definition of who was a citizen of the United States. However, in the infamous Dred Scott decision, the Supreme Court, led by Chief Justice Taney had held that, “A free negro of the African race… is not a ‘citizen’ within the meaning of the Constitution of the United States,” and thus, only whites were entitled to constitutional rights. The
The originally Bill of Rights protected the rights of citizens from infringement by the federal government, but made no mention of the states. The Fourteen Amendment, adopted shortly after the Civil War, protected citizenship and individual rights from infringement by state governments. Under the Fourteenth Amendment’s due process clause, the United States Supreme Court began to apply the most important rights guaranteed in the Bill of Rights against the states. This process began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a jury trial against the states.
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.
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 success and the approval by the necessary three-quarters of U.S states, the 14th Amendment guaranteed to the newly freed slaves protection and citizenship along with all its privileges. This amendment resolved any pre-Civil War concerns of the African American community’s citizenship by stating that “all persons born or naturalized in the United States are citizens of the United States and of the state in which they reside” (Primary Documents of American History, 2011). This amendment also reinsured that they had the equal rights and privileges of the rest of the citizens, and granted all these citizens the “equal protection of the laws” (Primary Documents of American History, 2011).
Due to misinterpretations in the amendment, it allowed misconduct to occur within society. The 14th Amendment tried to establish universal citizenship and declare freedom and equality throughout the United States. However, there were many
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
The Fourteenth Amendment to the Constitution of the United States is perhaps the most sweeping and has likely impacted the general jurisprudence of the Supreme Court the most of any other amendment. This is because, where all other right-protecting amendments protect something specific, the fourteenth amendment was designed to ensure that states guaranteed due process rights, applied the law equally, and protected the “privileges [and] immunities of citizens of the United States.”
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.
The amendment stated that every person who had been born, or had established themselves in the United States, was to officially be treated as a citizen. This amendment was designed to protect blacks’ rights in Southern states. The states were no longer allowed to reduce the civil liberties of the country’s citizens. This meant that freedmen were recognized as citizens of the United States, and they were to be given the same rights and privileges that had been given to white men. Many Southerners were enraged that African Americans had the opportunity to vote. What angered them even further was the power Congress had to limit the congressional representation of their state if they denied any persons their right to vote based on
The 13th, 14th, and 15th Amendments to the Constitution were also sources of power for the national government when it came to its jurisdiction over the states. By passing laws against slavery and allowing "equal protection under the law," the national government gave itself the power to enforce those laws and therefore enhanced authority over the states. The 13th Amendment abolished slavery and in section 2 stated that "Congress shall have the power to enforce this article by appropriate legislation." By adding section 2 to the amendment, Congress was simply ensuring their supremacy over the state governments. Among other things, the 14th Amendment guarantees "equal protection under the law" to all citizens. Since all citizens are guaranteed protection, it is left up to the national government to make sure all citizens are receiving these rights. Even though many thought that the 14th Amendment meant that the Bill of Rights was
An understanding of the Fourteenth Amendment begins not in Congress, but in the history leading up to the Civil War. The first crucial story in understanding the Fourteenth Amendment is the striking changes in the law of race relations that took place in the North - especially in Bingham’s home state of Ohio - in the dozen or so years before the Civil War began. The second story is about the South, and the legal repression and brutal racial violence that took place there immediately after the Civil War ended (Finkelman, 2003).
Congress and Abraham Lincoln were able to pass the 13th Amendment, but shortly after the end of the war Abraham Lincoln was shot while attending a play at a theater. After Abraham Lincoln passed away Congress had a more difficult time under Andrew Johnson who tried to veto a Republican bill. Congress retaliated by voting to impeach the Andrew Johnson. Afterward Congress was able to pass the 14th and 15th Amendments. The 13th, 14th and 15th Amendments changed the United States by increasing the federal government’s power over the States and this had an affect across society.
Constitution. This amendment was to help African Americans with citizens rights and equal representation. The U.S Constitution stated that the 14th amendment said “all person 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.” The 14th amendment provided African Americans that was born in the United States equal citizenship with other natives in the U.S. It also limited the power of states that they could not take away the rights of the citizens of the United States.
The significance that the 14th amendment had was so imperative because, not only did it make sure fellow African-Americans were granted citizenship they also had to be treated as equals. This allowed them to have equal civil rights and equal legal rights. It is almost as though they no longer treated the African-Americans as slaves and workers but more like people. “It stated that all persons born or naturalized in the United States are granted citizenship”.(14th amendment SECTION 1) This also allowed everyone as a whole to have equal opportunities. The 14th amendment was proposed on June 13th 1865 and it wad passed on July 9th 1868. There were 38 states that ratified the 14th amendment.