Preview

What Are The Three Clauses Of The 14th Amendment

Satisfactory Essays
Open Document
Open Document
438 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
What Are The Three Clauses Of The 14th Amendment
In order to understand the cases that brought about the drastic change in the interpretation of the 14th Amendment, the three clauses of the 14th Amendment must be understood. These clauses help define what it means to be a U.S. citizen. The privileges or immunities clause was first written in Article IV section two. It was then written again in the 14th Amendment after slavery was abolished in order for equal protection guarantee. The federal government wanted to insure that states respected the rights and freedoms of former slaves. In the first section of the 14th Amendment it states, “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United states.” This clause was written so that

You May Also Find These Documents Helpful

  • Good Essays

    Understanding this, it should be understood that it should not matter what individuals believe, who they donate to or what or who they support. However, it appears more and more often that this idea of 14th amendment is being used to limit the 1st amendment. In another recent Pew Research study, they found that 40% of millennials would be in favor of limiting what people can and cannot say. Especially in regards to or about minority groups. This was compared to other groups such as Gen X and Baby Boomers where the percentage was found to at 27% and 24% . This stark compression shows what some are willing to give up, in order to appease others and to prevent the sins of the past.…

    • 652 Words
    • 3 Pages
    Good Essays
  • Good Essays

    14th Amendment Structure

    • 570 Words
    • 3 Pages

    Article 1 of the constitution covers the purpose and the organization of the House of Representatives and the Senate. Though there are ten sections in the Article and numerous subparagraphs, this paper will focus on the structure, and a few of the subparagraphs concerning its function. We will begin with the organization since this should be covered before the responsibilities are addressed; this starts in the second section, with how the house will be selected, the requirements to be selected, and how the proportions should be arranged. This was an extremely sensitive subject for many of the delegates at the time of the framing of the constitution due to representation.…

    • 570 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Thomas E. Patterson explains the concept of selective incorporation as the process by which certain of the rights contained in the Bill of Rights become applicable through the Fourteen Amendment to actions by the state governments. Before the doctrine of selective doctrine, the Bill of Rights only applied to action by the federal government and not against action by the states. Until in 1925, the Court invoked the Fourteen Amendment in a case involving the state government, which marked a fundamental shift in constitutional doctrine. Which concluded that a right protected by the Bill of Rights from action by the federal government was now also protected from action by individual states, leading to a more national understanding of civil liberties.…

    • 359 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Due process is a concept that dates back all the way to the early 13th century, when the Magna Carta was signed by King John. Due process of law is the principle that a person cannot be deprived of their right to life, liberty, and property without appropriate legal procedures and safeguards. It is first found in our constitution in the 5th amendment, and then it is once again stated in the 14th amendment. Due process is the only principle that is repeated in the constitution. (The Constitution states only one command twice.) There is little difference between what is said in the 5th and 14th amendment, but the one word that was added has had a monumental impact on our nation. The addition of the word “state” in the 14th amendment means that…

    • 168 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The 14th amendment is very important to America and it's people. Without the 14th amendment a lot of us would be treated very differently. How are you supposed to defend yourself when your not even considered equal to the same people just like you? That is exactly why the 14th amendment was created, to give the people a way to be able to everyone else. I completely believe in the 14th amendment and the reasons behind it. Think about if we didn't have it, so many things would be able to happen that we might not be able to prevent because we aren't equal to everyone else.…

    • 797 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Fourteenth Amendment to the United States Constitution contains the Citizenship Clause, the Due Process Clause, and the Equal Protection Clause. The Citizenship Clause maintains the citizenship of individuals who were born or naturalized in the United States. The Due Process Clause maintains that a state is prohibited from denying an individual of “life, liberty, or property, without due process of law.” The Equal Protection Clause prohibits a state from denying an individual “within its jurisdiction the equal protection of the laws.” As it seeks to safeguard the liberties of citizens, the Fourteenth Amendment has been utilized to prevent discrimination against individuals based upon gender, sexual orientation, race, religion, etc. since…

    • 410 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The 14th Amendment states that people who are born in the U.S. are automatically citizens. Because of this, immagrants from all over are coming over to the U.S. and are having children in order for them to stay in the U.S. I agree with this amendment, however others may disagree. Others may believe that in order for your child to become a citizen, the parents themselves must be citizens.…

    • 351 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    It states “No person except a natural born citizen, or a citizen of the United States, at the time of the Adoption of this constitution, shall be eligible to the Office of President(C).” Showing that the constitution also proves that a naturalized president can’t become president in the first place. the constitution stating this it means that it refutes itself. By this article being before the 14th amendment, it shows superiority over the topic. Being before as well, it brings about the idea of how there was the discussion of having the 14th amendment at all. By this counter it means that the constitution refutes itself. How can it say “.... Or a citizen of the United States,” if already in the Declaration of Independence it states “...all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness(G).” If all men are created equal, citizens are created equal and we all have a right to life, liberty and the pursuit of happiness, then why can naturalized ones can’t…

    • 1595 Words
    • 7 Pages
    Good Essays
  • Good Essays

    14th Amendment Case

    • 521 Words
    • 3 Pages

    In the fourteenth amendment it states no person is allowed to be denied life, in that case, should we have the right to die? In 1983, the supreme court ruled in favor of Nancy Cruzan, in the case of Nancy vs. Missouri, by vote of the Supreme Court 5-4. Yes, the Supreme Court made the right decision. My reasonings are because Nancy Cruzan died by choice.Next, a few days before she died nineteen doctors actually tried to reinsert the tube. Lastly, Missouri life support were taking away her right to pursue happiness.…

    • 521 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Constitution Article 4

    • 372 Words
    • 2 Pages

    The United States Constitution’s Article Four has many important details that helped make up our country’s laws. Article Four has four sections explaining the state acts and records, rights of citizens, new states into the Union, and the guarantees to the States. Section One explains that all states should honor each other’s laws. Also, it describes if a person is convicted after performing a crime and leaves that state, they must return back to the state they committed the crime. For example, if a citizen is convicted of a crime in California he or she should be considered guilty even in a different state like Mississippi. Section Two of Article Four clarifies that citizens should be treated fairly…

    • 372 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The 14th amendment set out the definitions and rights of citizenship in the United States. The first clause asserted that anyone born or naturalized in the U.S. is a citizen of the U.S. and of the state they live in. It also stated the right to due process, life, liberty, and property. This overturned the Dred Scott v. Sandford 1857 Supreme Court ruling that…

    • 301 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Reconstruction Dbq

    • 1142 Words
    • 5 Pages

    In 1865, Amendment Thirteen of the United States was ratified. The article states that all slaves residing in the nation or any of its corresponding territories are deemed emancipated. (Document A) Though the article does publicly mandate emancipation, it fails in successfully granting freedom to previous slaves. Southern states imposed “black codes” upon the newly freedmen. These diminishing codes restricted various activities and behaviors of the black community. Many included the prevention of interracial marriage, black testaments against whites in court of law, and jobs outside of agriculture. Clearly, the Thirteenth Amendment was not strictly imposed upon the once rebellious southern states. Three years later, congress decided to enact another article that would annul the previously mandated Dred Scott Decision of 1957, which states that blacks could not be legal citizens. This newly established document was titled the Fourteenth Amendment. The amendment itself stated that all persons born or naturalized in the…

    • 1142 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Amendments to the Constitution are a way the government makes efforts to protect the “rights of man.” Groups like African Americans and women often have their rights infringed. Amendments, such as the fourteenth, fifteenth, and nineteenth; ensure their “equality” as citizens. Thomas…

    • 675 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The Bill of rights, the constitution and the amendments of the constitution are the national foundation of freedom. The 14th amendment has become one of the most important parts of the constitution. The 14th amendment is divided into four sections. The 14th Amendment was designed in 1868 to stamp out lawless tyranny. Section one is to make former slaves citizens. The 14th amendment states, “All persons born or naturalized in the United States are citizens of the United States and of the state wherein they reside. Nor shall any state deprive any person of liberty or property without due process of law”. However, since the 14th…

    • 314 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Discrimination in Policing

    • 2768 Words
    • 12 Pages

    African Americans received harsh treatment throughout the history of the US with the discriminating practice of slavery. After the ratification of the Thirteenth Amendment to the United States Constitution in 1865, this outlawed slavery and involuntary servitude, followed by the Fourteenth Amendment in 1868, this guarantees equal protection of the law to all citizens of the US. The excerpt of the Fourteenth Amendment states: “Section 1. 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…

    • 2768 Words
    • 12 Pages
    Powerful Essays