"To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." (Article I, Section 8, Clause 18). The Constitution is by far the most important document in our country's history. It provides rules and restrictions for the government and the power it can hold. It ensures the stability for our country’s survival.
The 14th amendment was passed by Congress in June 1866 and it took two years for the States to ratify it. This amendment was designed to grant full citizenship to and protect the civil liberties of recently freed slaves. It did by granting citizenship to anyone born in the United States and prohibiting states from denying the privileges of citizens of the U.S., Depriving any human being of his life, liberty, or property without due process of law, or denying to any person within their jurisdiction the equal protection of the laws. The main focus was around Black Americans whose rights were being denied as freed
These two reason alone are the vocal point begging for the 14th amendment to be reinterpreted. The 14th amendment is worded to where it would be easy to reinterpret as one senator interprets it “ Sen. 7 Lyman Trumbull of Illinois was, Graglia writes, one of two "principal authors of the citizenship clauses in 1866 act and the 14th Amendment." 8 He said that "subject to the jurisdiction of the United States" 7 meant subject to its "complete" 8 jurisdiction, meaning "not owing allegiance to anybody else." (will) If the 14th amendment were to be reinterpreted it could easily become a law that one parent must be a citizen making it to where one parent isn’t “owing allegiance to anybody else.”
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.
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.
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.
Southern states were required to ratify the Fourteenth Amendment in order to be eligible for readmission into the Union. In June 1868, seven ex-Confederate states voted to ratify the amendment, and the amendment finally passed.” ( yahoo) . “ The amendment was designed to grant citizenship to and protect the civil liberties of recently freed slaves. It did this by granting citizenship to anyone born in the United States and prohibiting states from denying or abridging the privileges or immunities of citizens of the U.S., depriving any person of his life, liberty, or property without due process of law, or denying to any person within their jurisdiction the equal protection of the laws.”
The 14th amendment is just as important today as it was to the reconstruction era because it granted citizenship to former slaves and any person born on American soil, gave every citizen equal protection under the law, and it upholds the 13th amendment by stating that any U.S. State that does not abide by every citizen’s rights will be punished. The 14th amendment was passed on May 10th 1866. It is broken down into five sections. Section one gives anyone born or neutralized on American soil citizenship.
The first Amendment grants freedom concerning, religion, assembly, expression and the right to petition. These clauses are very satisfactory for the people of America. They cannot be taken away from the government or anyone else. However, if they are misused the government has the right to intrude. This essay will discuss the five clauses in the 1st amendment.
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.
The Fourteenth Amendment has 4 sections that have been in use since the Civil War. The first section is the most important and most discussed. It guarantees citizenship to any and all persons born or naturalized in the United States. It ensures any person 's “life, liberty, or property” will not be denied without due process.” This section defines citizenship, who can become a citizen of the United States and how.
The fourteenth amendment of the United States is very clear, “All persons born or naturalized in the United States, and subject the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The authors of the 14th amendment in 1866 could not have apprehended that Americans, one day would have unauthorized entries into this great land be a criminal offence because no law had every restricted immigration. After reading article, “Born in the U.S.A: why Chinese ‘Birth Tourism Is Booming In California” by Matt Sheehan and “An argument To Be Made About Immigration Babies and Citizenship” by George F. Will I realized that this problem might have its pros and cons? With ‘Birth Tourism’ booming in the United States and especially in California this business has become a multimillion dollar
This was determined from the 14th amendment which stated: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor hall 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.” In summary, the amendment to the constitution is still able to serve our country by attempting to resolve a large conflict and ensuring the rights of all Americans.
Garza 1 Garza 3 Kathy Garza Sherry Sharifian GOVT 2305- 76426 July 26, 2017 The 14th Amendment Growing up in a family of Mexican immigrants, I first-hand saw the act of birthright citizenship take place and how it affects a family. Birth Tourism is the act of expecting mothers traveling to a desired country to give labor in that country, and have the birthrights of that country bestowed onto their child. Furthermore, the given definition of the 14th amendment is being contemplated by Republicans and its actual intensions.
Do we consider them true Citizens? To be considered a United States citizen a person shall go thorough naturalization process or gain citizenship based on the natural born citizen right that has been mentioned in the 14th amendment of U.S. constitution. The right that guarantees U.S. citizenship to anyone that has been born on U.S. soil. Today all across the United States the question is that if birthright citizenship to anyone who has born in U.S. soil and within U.S. borders is right or not?
