Essay, Research Paper: "The 14th Amendment"

"The 14th Amendment"

Section 1. All persons born or naturalized in the United States, and subject to the juridisdiction thereof, are citizens of the United States and of the State where they reside. No State should make or enforce any laws which should abridge the privileges or ammunities of citizens of the United States; nor should 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.

Section 2. Representatives should be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Juditial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein should be reduced in the proportion which the number of such male citizens twenty-one years of age in such State.

Section 3. No person should be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States,or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, should have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two thirds of each House, remove such disability.

Section 4. The validity of the public bebt of the United States, authorized by law, including debts incurred by payment of pensions and bounties for services in suppressing insurrection or rebellion, should not be questioned. But neither the United States or any State should assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims should be held illegal and avoid.

Section 5. The Congress should have power to enforce, by appropriate legislation, the provitions of this article.






What year was this amendment ratified, and What were its goals?

The 14th amendment was ratified in 1868, and its fundamental goals were to
grant citizenship to Newly Free Negroes, and to protect their Civil Rihgts. But this amendment confronted a variety of problems with the society at that particular time of history. It also began to put most of its concentration on people's property,
instead of concentrating in its original porpuse.

What doubts among constitutional experts, Did this amendment put to an end?

Until the end of the American Civil War, in 1865, there were doubts among
constitutional experts about the authority of the federal courts to enforce the
provisions of the Bill of Rights against state laws and court decisions. In 1868 this
problem was resolved by the 14th amendment. It provided that "no state shall make
or enforce any law which shall abridge the privileges or immunities of citizens of the
United States." State and Local laws became subject to federal juditial review.


Mention at least two court cases that dealt with the 14th amend. And, What were the facts of the cases and the results of each one?

The 14th amendment dealt with a lot of cases, were all of them had something in
common. For example:
1) Munn vs. Illinois ~ This case was that, among the most extremely dishonest
companies, Munn & Scott was one of them. After an investigation centered on their
activities, the company built false bottoms in their silos, covered them with a few of
grain, and claimed that they were full. The trick was discovered only when an
employee told authorities the truth.The results were that The Suprime Court's
unwillingness to examine the content of the Illinois regulations of the legislation. This
provided an excellent axample of judicial restraint. The courts decision which
reminds us, that they were not interested in taking over the power of the legislatures
of the state of Illinois.

2) Brown vs. Board of Education of Topeka ~ The case actually combined several
suits that questioned the legality of segregated schools, under the doctrine of
separated but equal.The resuls were the enforcement of the desegregation decision,
which began in the heavily segregated South, but later spread to other sections of the
country. Correcting racial segregation or imbalance in the schools. It created a social
turmoil, however, the Brown decision demostrated clearly that our Constitution is still
capable of growth and evolution.


Iff the 14th amendment could be compare to another amendment; What amendment would you compare it with?

If the 14th amendment is able to be compare with another article, I would compare it
with the 5th amendment. Why? Because just like the 14th amendment the 5th amendment contains Due Process clause and Equal Protection of rights. Due Process clause of amendment 5, includes equal protection components. And also claims that under the Fifth Amendment people have the same equal protection that its being held in the 14th amendment.
Due Process clause of the 5th amend. provides the same safeguard against invidious
and unjustifiable discrimination in federal laws as the equal protection clause of the
14th amendment. The Fifth Amendment applies to federal action but does not contains an Equal Protection clause. Under the 14th amendment and the 5th amendment both federal and state goverments are prohibited from arbitrarity denying any citizen equal rights under the law.


What are the concepts of the Equal Protection clause and the Due Process clause?

The concepts of the Equal Protection clause and the Due Process clause both stem
from the American ideal of fairness; and are not mutually exclusive, nor are the
conceps always interchangeable, in the equal protection of the laws there's a more
explicit safeguard of prohibited unfairness that due process of law, but a
discrimination may navertheless be so injustifiable as to be violative of due process.

Explain, What was the meaning of section1. of the 14th amend.?

When the first section of the 14th amendment was passed, there was some type of Southern resistance in acceptance of black people as full citizens. The first section's meaning was that they wanted to eliminate "black codes" and other postwar
restrictions on the civil rights of the former slaves.

Why was the 14th amendment water it down?

The 14th amendment began to lose its fundamental porpuse, when people started to complain of the rights that were being given to the A.A. Which at that time were
considered properties, so if rights were given to them than people's propeties were
considered people and they had the same protection of rights as the Newly Free
Negroes. So the controversy was so big that the slaves began to be the last people to
think about.

"The ratification of the14th Amend. in differents States."


Connecticut, June 25,1866 New Hampshire, July 6,1866
Tennesse, July 19,1866 New Jersey, Sep. 11, 1866
Oregon, Sep. 19, 1866 Vermont, Oct. 30, 1866
Ohio, Jan. 4, 1867 New York, Jan. 10,1867
Kansas, Jan. 11, 1867 Illinois, Jan. 15, 1867
West Virginia, Jan. 16, 1867 Michigan, Jan. 16, 1867
Minnesota, Jan. 16, 1867 Maine, Jan. 19, 1867
Nevada, Jan. 22, 1867 Indiana, Jan. 23, 1867
Missouri, Jan. 25, 1867 Rhode Island, Feb. 7, 1867
Wisconsin, Feb. 7, 1867 Pennsylvania, Feb. 12, 1867
Massachusetts, Mar. 20, 1867 Nebraska, June 15, 1867
Iowa, Mar. 16, 1868 Arkansas, Apr. 6, 1868
Florida, June 9, 1868 North Carolina, July 4, 1868
Louisiana, July 9, 1868 South Carolina, July 9, 1868
Alabama, July 13, 1868 Georgia, July 21, 1868
Virginia, Oct. 8, 1869 Mississippi, Jan. 17, 1870
Texas, Feb. 18, 1870 Delaware, Feb. 12, 1901
Maryland, Apr. 4, 1959 California, May 6, 1959
Kentucky, Mar. 18, 1976