An analysis of the fourteenth amendment of the united states constitution

Johnson voiced his displeasure with the amendment by stating that his actions should "be considered as purely ministerial, and in no sense whatever committing the Executive to an approval or a recommendation of the amendment to the State legislatures or to the people.

The State department views such affiliations as sufficient evidence that an applicant must have lied or concealed evidence in the naturalization process.

All of these cases, as well as the upcoming Brown case, were litigated by the National Association for the Advancement of Colored People. Regents of the University of California v.

Primary Documents in American History

June 13, - The House of Representatives passed the 14th Amendment by a vote of to The first modern application of the Equal Protection Clause to voting law came in Baker v. The same right to make a contract as is enjoyed by white citizens, means the right to make any contract which a white citizen may make.

Equal Protection

In other words, he cannot simply be a random victim of governmental incompetence. The Supreme Court, applying the separate-but-equal principle of Plessy, held that a State offering a legal education to whites but not to blacks violated the Equal Protection Clause.

Baltimore[] the Supreme Court unanimously ruled that the Bill of Rights restrained only the federal government, not the states. Persons "within its jurisdiction" are entitled to equal protection from a state. The Court first ruled that privacy was protected by the Constitution in Griswold v.

This was a significant decision; freedom-of-choice plans had been very common responses to Brown. The most important among these, however, was Bingham, a Congressman from Ohiowho drafted the language of the Equal Protection Clause.

Many things claimed as uniquely American—a devotion to individual freedom, for example, or social opportunity—exist in other countries. As the Supreme Court explained in Grutter v. When Senator Jacob Howard introduced that final version, he said: Brennanwriting for a unanimous Court, rejected a "freedom-of-choice" school plan as inadequate.

Bakkeand two companion cases decided by the Supreme Court inGrutter v. State in the case of Loving v. In contrast, rational basis scrutiny merely requires that a challenged statute be "reasonably related" to a "legitimate" government interest.

Hodgesthe Court ruled that the fundamental right to marriage included same-sex couples being able to marry.

Fourteenth Amendment to the United States Constitution

Warren, however, through persuasion and good-natured cajoling—he had been an extremely successful Republican politician before joining the Court—was able to convince all eight associate justices to join his opinion declaring school segregation unconstitutional. Senator from Michigan Jacob M.

The Supreme Court held that Native Americans who voluntarily quit their tribes did not automatically gain national citizenship. Technically, this is not a loss of citizenship but rather a voiding of the purported naturalization and a declaration that the immigrant never was a citizen of the United States.

Bollinger and Gratz v. The Judges of Election: Subsequent decisions have applied the principle to the children of foreign nationals of non-Chinese descent. Senator Howard was explicit about the broad objectives of the Fourteenth Amendment and the intention to make its provisions applicable to all who "may happen to be" within the jurisdiction of a state: Qualifications of its own Members", had excluded Southerners from Congress, declaring that their states, having rebelled against the Union, could therefore not elect members to Congress.

Under these plans, parents could choose to send their children to either a formerly white or a formerly black school. Herndon that the Fourteenth Amendment prohibited denial of the vote based on race. In that case a black man was convicted of murdering a white police officer and sentenced to death in the state of Georgia.

DoeU. There are varying interpretations of the original intent of Congress and of the ratifying states, based on statements made during the congressional debate over the amendment, as well as the customs and understandings prevalent at that time.

What level of scrutiny should be applied to this classification? This subject was addressed in the seminal case of Arlington Heights v. For example, women are considered a quasi-suspect class.


Constitution Annotated

Seattle School District No.The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9,as one of the Reconstruction Amendments.

The amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves following the American Civil War.

Equal Protection Clause

The 14th Amendment to the Constitution was ratified on July 9,and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.

In addition, it forbids states from denying any person "life, liberty or property, without due. The Equal Protection Clause of the Fourteenth Amendment of the U.S.

Constitution prohibits states from denying any person within its territory the equal protection of the laws. This means that a state must treat an individual in the same manner as others in similar conditions and circumstances.

Amendment of the Constitution during the post-Civil War Re- construction period resulted in a fundamental shift in the relation- ship between. The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution.

The clause, which took effect inprovides that no state shall deny to any person within its jurisdiction "the equal protection of the laws".

Legal History Analysis. Choose one of the topics below. Look up each case on Google and read about it. Fourteenth Amendment To The United States Constitution; United States Law; Supreme Court Of The United States; Government Of The United States; United States Government; Documents Similar To legal history analysis.

An analysis of the fourteenth amendment of the united states constitution
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