Understanding The 14Th Amendment: Violations And Their Implications

The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, addresses citizenship rights and equal protection under the law. It was enacted in response to issues affecting freed slaves following the American Civil War. The amendment's first section includes the Citizenship Clause, which defines citizenship, and the Privileges or Immunities Clause, which prevents states from impeding federal rights. The Due Process Clause prohibits the government from depriving people of life, liberty, or property without due process, while the Equal Protection Clause restrains the government from discriminatory tax assessment. Violations of the Fourteenth Amendment have been litigated in landmark Supreme Court cases, such as Brown v. Board of Education, Roe v. Wade, and Bush v. Gore, shaping the interpretation and enforcement of these constitutional protections.

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Citizenship rights

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. It addresses citizenship rights and equal protection under the law at all levels of government. The Citizenship Clause of the Fourteenth Amendment defines citizenship, superseding the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens.

The Citizenship Clause states that "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." This provision was interpreted to mean that a child born in the United States to Chinese parents who were ineligible for naturalization themselves is nevertheless a citizen of the United States, entitled to all the rights and privileges of citizenship.

However, the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. There are specific categories of individuals born in the United States who are not considered subject to its jurisdiction and, therefore, are not automatically granted citizenship. These include:

• Persons born to mothers who were unlawfully present in the United States and whose fathers were not US citizens or lawful permanent residents at the time of birth.
• Persons born to mothers whose presence in the United States was lawful but temporary (e.g., on a student, work, or tourist visa) and whose fathers were not US citizens or lawful permanent residents at the time of birth.

Additionally, the requirement of being "subject to the jurisdiction" of the United States excludes certain other groups, such as children of diplomatic representatives of foreign states, children of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws.

The Fourteenth Amendment also includes the Privileges or Immunities Clause, which prevents states from impeding federal rights, such as the freedom of movement. It further provides that no state shall make or enforce any law that abridges the privileges or immunities of US citizens or denies them equal protection of the laws. This "equal protection" clause is one of the most commonly used and frequently litigated phrases in the amendment, forming the basis for landmark Supreme Court decisions addressing racial discrimination, reproductive rights, election recounts, gender discrimination, and racial quotas in education.

Due process

The Fourteenth Amendment (Amendment XIV) to the United States Constitution, adopted on July 9, 1868, addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment's Due Process Clause provides that no state may deprive any person of life, liberty, or property without due process of law.

The Due Process Clause of the Fourteenth Amendment echoes the Fifth Amendment, which applies only against the federal government. The Fourteenth Amendment, on the other hand, was adopted after the Civil War to protect individual rights from interference by the states. It prohibits states from depriving any person of life, liberty, or property without due process of law. When it was adopted, the Clause was understood to mean that the government could deprive a person of rights only according to the law applied by a court.

The rights protected under the Fourteenth Amendment can be categorised into three groups: procedural due process, the individual rights listed in the Bill of Rights, "incorporated" against the states, and substantive due process. Substantive due process has been among the most controversial areas of Supreme Court adjudication. The concern is that the Supreme Court, in interpreting the Constitution, may impose its policy preferences on the nation, particularly when striking down a state law on the basis of a right that is not specifically mentioned in the Constitution.

Substantive due process has been used to strike down state laws prohibiting same-sex marriage, recognising a fundamental right to privacy that protects contraceptive sales and consensual sex, and protecting abortion rights prior to the overturning of Roe v. Wade in 2022. The Due Process Clause has also been used to apply most provisions of the first eight Amendments against the states, such as free speech, freedom of religion, and protection against unreasonable searches and seizures.

Equal protection

The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses citizenship rights and the rights of citizens. The amendment states that:

> "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."

This amendment was significant in granting citizenship to formerly enslaved people. It also includes the following provision:

> "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 phrase "equal protection of the laws" is the most commonly used and frequently litigated part of the amendment. It has been central to a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), and University of California v. Bakke (racial quotas in education).

The Fourteenth Amendment grants Congress the power to enforce it, which has led to the passage of other landmark legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

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Insurrection and rebellion

The Fourteenth Amendment of the U.S. Constitution addresses insurrection and rebellion in several sections.

Section 3: Disqualification from Holding Office

Section 3 of the Fourteenth Amendment includes what is commonly known as the "Disqualification Clause" or the "Insurrection Clause". This clause states that any person who has previously taken an oath as a member of Congress, an officer of the United States, a member of a State legislature, or an executive or judicial officer of any State, shall not hold any office under the United States or any State if they have:

• Engaged in insurrection or rebellion against the United States, or
• Given aid or comfort to the enemies of the United States.

This clause applies to current and former federal, state, and military officials. However, it has never been enforced against a president, and there is legal ambiguity around its applicability to the presidency. The disqualification can be removed with a two-thirds vote of each House of Congress.

Validity of Public Debt

The Fourteenth Amendment also addresses the validity of public debt related to insurrection and rebellion. It states that debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion against the United States shall not be questioned. On the other hand, any debt or obligation incurred in aid of insurrection or rebellion against the United States is considered illegal and void.

Right to Vote and Representation

The Fourteenth Amendment also mentions insurrection and rebellion in the context of the right to vote and representation. It states that when the right to vote in elections for choosing electors, representatives, or officers is denied or abridged, except for participation in rebellion or other crime, the basis of representation shall be reduced proportionally.

State powers

The Fourteenth Amendment to the US Constitution, passed in 1866 and ratified in 1868, grants several powers to the states.

Firstly, it grants states the power to enforce laws that regulate businesses and corporations, professions, and trades. While states cannot violate an individual's right to conduct a business, they can impose significant regulations on businesses without violating due process. For example, states can prohibit certain kinds of businesses, condition the right to conduct a business, and impose terms on contracts entered into by certain businesses.

Secondly, states have the authority to enact and enforce regulations designed to promote public safety. For instance, measures to reduce fire hazards, such as prohibiting the storage of gasoline near dwellings or requiring the burial of large gas storage tanks, have been upheld as constitutional. Similarly, municipal ordinances prohibiting certain activities within defined territorial limits, such as washing and ironing in public laundries during specific hours, are within the state's power to enforce for public safety reasons.

Thirdly, states have the power to enforce laws that abridge the rights of citizens who have engaged in insurrection or rebellion against the United States. This includes denying the right to vote to male citizens above the age of 21 who have participated in such acts, and reducing the basis of representation in Congress proportionally.

Additionally, states have the authority to enforce laws that do not conflict with the privileges or immunities of citizens of the United States. This includes laws that do not abridge the rights of citizens granted by the Fourteenth Amendment, such as the right to life, liberty, property, and equal protection under the law.

Finally, the Fourteenth Amendment also grants Congress the power to enforce the amendment's provisions through appropriate legislation, allowing federal oversight of state actions.

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