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The Extent And Purpose Of The 14th Amendment

521 Words3 Pages

Over time, there have been many interpretations in the meaning of the 14th Amendment due to the use of both explicit and implicit language in the document. Having been written at a time when African-Americans were starting to get their rights. For some at that time, the 14th Amendment meant to just give African-Americans rights but as time progressed, the interpretation of the amendment was challenged and began to change. The 13th Amendment’s meaning is to end slavery in the United States except as a punishment for a crime. The 13th Amendment didn’t help African-Americans because states passed the Jim Crow laws. The 14th Amendment meant no state can make or support any laws that take away the rights of U.S. citizen equal protection under the laws. To understand the intent and purpose of the 14th Amendment, one must analyze the language closely. …show more content…

The explicit meaning of the 14th Amendment is to give Americans equality. In the 14th Amendment it states,” All persons born or naturalized in the United States.” “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States .” No state can make or support any laws that take away the rights of U.S. citizens. To understand the intent and purpose of the 14th Amendment, one must analyze the language

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The 14th Amendment right to equal protection as recognized under Baker v Carr designed on the surface to ensure fair participation in the democratic process, however, it is more so a check on the majority. As Baker v Carr introduces, the 14th Amendment does not cover all types of discrimination. For example, discrimination by the means of improper districting of a state, intentional or not, is not covered by the Constitution. However, what the 14th Amendment does do effectively is put a check on the majority will through rights. The majority rules and the only way to prevent this is through rights, which dictate what people are and are not allowed to do.

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The 14th Amendment of the U.S. Constitution protects any person within their jurisdiction of their due process and equal protection. The Equal Protection Clause under the 14th Amendment requires the states to apply their laws equally to any person within their jurisdiction. The equal protection clause aims to provide equal application of the law. It is also crucial to the protection of civil rights. There should be no discrimination in its application.

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The Tenth Amendment was first drafted by colonists to ensure that the new form of government they were trying to establish would never have an excessive amount of control over the population. While colonists were under British rule, they constantly encountered the problem of King George lll having total control over every single person. The Tenth Amendment states the federal government only has the rights delegated in the constitution, otherwise, it goes to the people or the states. The government and citizens are aware of their rights because the Supreme Court has ruled laws that go directly to the people, even though it doesn't specify what these powers are. The court case, McCulloch v. Maryland directly references the amendment in 1819.

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Plessy Vs. Ferguson: Racial Injustice In The 14th Amendment

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Hence there is no discrimination. However, the point that the Supreme Court seems to be missing is the freedom of personal liberty. (“Life, Liberty of Property without due process of Law”)While the object of the 14th amendment was to enforce absolute equality, it included personal liberty. If the amendment is enforced in its true meaning, it means to protect all civil rights that pertain to freedom and citizenship. Liberty consists of the power to move around and follow one’s own will under without any restraint unless prohibited by law.

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Angela Davis Once said “Well for one, The 13th Amendment to the constitution of the U.S. which abolished slavery, did not abolish slavery for those convicted of a crime.” Although the amendment was desperately needed it made more problems for the U.S.The thirteenth amendment was about abolishing slavery. Many people had different opinions about this amendment. The amendment affected our nation dramatically. The 13th amendment to the United States Constitution says that, "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.

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The 14th amendment is split into five sections. Section one is the most important of them all and it states, “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 Constitution 2014). However it was put to test in the south early on.

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Post Civil War, African Americans started to gain rights to gain rights, and soon gain rights equal to whites. While there were some people/things standing in their way (KKK, Black Codes), in the end they got what they needed; Equality. Many acts and laws were passed to aid the new rights now held by African Americans, as well as the numerous people willing to help. New Amendments were added to give African Americans rights after the war, all giving them some equal rights to whites. The first of the three added was the Thirteenth Amendment, it gave African Americans freedom from slave owners, and stated that no one could be kept as a slave in the U.S..

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What Does Equality Mean To You Essay

1545 Words | 7 Pages

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