The Amendment Of The Fourteenth Amendment - 1875 Words

The Fourteenth Amendment stopped unlawful actions by states. It also gave Congress the power to enforce the amendment through new laws that benefited and were fair to everyone. The Fourteenth Amendment represents part of the extension of the power of the national government over the states. It has been cited in more court cases than any other part of the Constitution. It made it possible for new legislation that has protected the rights of many throughout the United States and has helped uphold equality. Although the language is simple it has caused lots of controversy over its interpretation. Beginning with the Slaughterhouse Cases, the Supreme Court has decided cases involving the Fourteenth Amendment by being selective about how to apply the most minimal rights needed to decide each case, and never really declaring that the Fourteenth Amendment protects all rights recognized by the Constitution. This has led to the adoption of selective incorporation and unremunerated rights. The Slaughterhouse Cases, 83 U.S. 36 (1873), was the Supreme Courts first time attempt to interpret the Fourteenth Amendment in its relation to peoples Constitutional rights. It was important in establishing the privileges and immunities clause. Ratification provided the Supreme Court with a way for protecting economic rights starting with overturning the Dred Scott v. Sanford case, 60 U.S. 393 (1857). The Amendment started out with the idea to make sure that blacks would not be denied theirShow MoreRelatedThe Amendment Of The Fourteenth Amendment1416 Words   |  6 PagesRepublican 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, â€Å"The†¦equalRead MoreThe Amendment And The Fourteenth Amendment Essay1458 Words   |  6 PagesNow Cometh Triginal D. Jackson in a Motion for Dismissal on the grounds of excessive Governmental Involvement and abuse of Fourth Amendment s right of the people to be secure in their persons the Fifth Amendment. Ninth Amendment, and the Fourteenth Amendment. First Amendment Protects: The First Amendment protects Mr. Jackson form use of hypnosis to create a criminal act. Schenck v. United States, 249 U.S. 47, 39 S.Ct. 247, 63 L.Ed.2d. (1919) Brandenburg v. Ohio, 395 U.S. 444, 89 S.Ct. 1827,Read MoreThe Amendment Of The Fourteenth Amendment1532 Words   |  7 PagesAccording to the thirteenth amendment, â€Å"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 coincidentallyRead MoreThe Fourteenth Amendment945 Words   |  4 PagesThe Fourteenth Amendment was ratified in 1868. This ratification altered the balance of state and federal power. It prevented state s from denying basic civil rights and gave Congress power to implement its assurance of liberty and equality. Despite that each state was required to approve the Fourteenth Amendment which granted â€Å"equal protection† of the Constitution to former slaves, the Ku Klux Klan did not honor this protection. Not only didn’t the Klan disregard the Fourteenth Amendment, theRead MoreThe Fourth Amendment And The Fourteenth Amendment987 Words   |  4 PagesCitizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable. 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 particularlyRead MoreThe Fourteenth And Fourteenth Amendment1018 Words   |  5 PagesThe Thirteenth and Fourteenth Amendment Want to learn how everyone is equal? On May 17, 1954 the United States Supreme Court came to a decision that had immediate repercussions on the lives of black and white American citizens. Historic moment experiences have continually characterized these people into distinct racial and social entities. The thirteenth and fourteenth amendment had a positive affect on the problem of racism and segregation.The thirteenth amendment was created to abolishRead MoreThe Amendment Of The Fourteenth Amendment2237 Words   |  9 PagesThe Fourth Amendment Introduction The Bill of Rights are the first ten amendments from the United States Constitution. The Bill of Rights was written by James Madison on December 15, 1791. The purpose of the Bill of Rights is to address the rights of the individuals that the Constitution did not specified correctly and it also was written to protect the rights of the individuals liberties even if the majority wanted to take them away. In the Fourth Amendment of the U.S Constitution provides privacyRead MoreThe Second Amendment And The Fourteenth Amendment Essay2031 Words   |  9 PagesOut of the Twenty Seven Amendments in the American Constitution, the first ten known as the Bill of Rights, are arguably the most important to the American people. With the exception of the thirteenth and the fourteenth Amendments abolishing slavery and making ever persons born or naturalized in the United States a wholesome member of the United States and under the protection of the Constitution. The fourth Amendment is clear as it defines The right of the people are to be secure in their personsRead MoreThe Amendment Of The Fourteenth Amendment1438 Words   |  6 PagesOn January 31st, 1865, the 13th amendment was passed by congress. This amendment said that no one, not even those of differing colors, could be held as slaves (with the exception of prisoners). In short, this amendment freed the black slaves (and other races) of enslavement. Unfortunately though, the black slaves were never truly â€Å"free† for well over 100 years, as after the passing of the 13th amendment, they were repeatedly persecuted against, most notably in the southern United States. FurthermoreRead MoreThe Fourteenth Amendment1052 Words   |  5 PagesThe original writers of the Constitution had to have noticed the overlap in enumerated powers. Having only the Commerce Clause or only the Tenth Amendment would not harbor the best outcomes. Both are entirely necessary and exist to limit each other. Discretion is the deciding factor for determining which power trumps the other. In McColloch v. Maryland, for example, a state tax on the U.S. Bank would cause negative externalities against all citizens of other states. This is not in the best interest