Wednesday, May 6, 2020

The Issue Of The Fourteenth Amendment - 952 Words

The Fourteenth Amendment was ratified in 1868 and the amendment was put in place to protect former slaves and their rights in life. The most important part of the amendment reads, â€Å"No state shall ‘deprive a person of life, liberty, or property without due process of law; nor deny to any person†¦ the equal protection of the laws.’† This simple statement has one of the most profound and incredible parts of the United States today. The equal protection of the laws show that there must be equal treatment for all citizens regardless of race, class, or gender. Although there has been many racial events happening after this amendment was passed this clause still stands to today and has helped shape the United States for the better. Having this clause in the Fourteenth Amendment protects the ‘little guy’ and makes sure that everyone has the same ability to do whatever everyone else is doing. The book states that â€Å"The battle for civil rights ge nerally includes seven stages. The group seeking rights must define itself; it must challenge society and change the cultural story. The contest for the rights spills across federalism; the executive branch can break the ice. Congress is the key to deep social change; the courts are the final arbiters of civil rights.† These seven stages are: 1) A group defines itself 2) The group challenges society 3) The stories change 4) Federalism comes into play 5) The executive branch often breaks the ice 6) Congress legislature a blockbuster 7) It allShow MoreRelated 14th Amendment -EQUAL PROTECTION UNDER THE LAW Essay939 Words   |  4 Pagesserve its constituents better. The most powerful constitutional act towards equality would come with the fourteenth amendment. This amendment permanently changed constitutional law by empowering the Federal government’s jurisdiction to include local and state governments which would be required to abide by new standards of civil rights and privileges. In 1791, the states ratified ten amendments to the United States Constitution. These became known as the Bill of Rights, a cornerstone in providingRead More Abortion and the Privacy Amendment Essay795 Words   |  4 Pages Abortion and the Privacy Amendment nbsp; A U.S. citizens right to privacy was first discussed in an 1890 Harvard Law Review article in which two Boston lawyers, Louis Brandeis and Samuel Warren, defined it as the right to be let alone. Since then, the right to privacy has provided the basis for a stream of revolutionary and controversial constitutional interpretations by courts across the United States, culminating in the U.S. Supreme Courts Roe v. Wade decision in 1973. Although decisionsRead MoreThe Amendment Of Same Sex Essay941 Words   |  4 Pagesaccompanying thoughts. In order to determine if the state is required under the Fourteenth Amendment to license a marriage of same sex, we must establish a foundation in regards to marriage and its entitlements. The court argues that marriage â€Å"is not a fundamental right,† and with this conclusion, the state is not be required to legally recognize any marriage it does not see fit. Fundamental rights are due strict scrutiny, but issues of liberty interest only requ ire rational basis. There is a significantRead MoreAnalysis Of The Documentary The Film 1003 Words   |  5 Pagesthe documentary.† (writing prompt) The dispute over this case is whether or not the director’s First-Amendment rights to release and complete the documentary have been infringed upon. Upon the basis that prior restraint is presumptively invalid by the government; the restraining order against the film director is unfounded and infringes upon the director’s rights protected under the First Amendment. The most applicable law to apply in this situation is equity law. Unlike other laws, judges, not legislaturesRead MoreMapp V. Ohio ( 1961 )1619 Words   |  7 Pagesthe Fourth Amendment, which protects against unreasonable searches and seizures,† which cannot be used in the law on the state level or in criminal prosecutions in state courts, and in addition, federal criminal law prosecutions in federal courts (MAPP v. OHIO. They Oyez Project at IIT Chicago-Kent College of Law.) The Supreme Court successfully completed this by use of selective incorporation. In Mapp the association was within the incorporation of the provisions, of the Fourth Amendment which areRead MoreThe Road Brown V. Board Of Education Of Topeka ( 347 U.s.1455 Words   |  6 Pagesroad to Brown v. Board of Education of Topeka (347 U.S. 74 (1954)), is littered with many Supreme Court cases that have battled for equality in education. The Fourteenth Amendment strengthened the legal rights of newly slaves and became the stomping ground for many Supreme Court decisions. There were six separate cases concerning the issue of segregation in public schools that was heard and consolidated into the one case named Brown v. Board of Education. The cases included were Brown v. Board ofRead MoreThe Controversial Issue Of Homosexuality992 Words   |  4 Pages Homosexuality is a very controversial issue that has emerged in our society. Depending on one’s upbringing and mentality, individuals have formed their own personal opinions and have taken sides either to support or to oppose the issue. Homosexuality throughout the years has sparked so much controversy that it was brought to the United States Supreme Court, which is known to be the highest court in America. It is up to the justices of the court to determine how states and society will view andRead MoreSupreme Court Case Study725 Words   |  3 Pageswith a 5-4 majority, a controversial ruling decreeing that denying equal recognition to same-sex couples was in violation of the Equal Protectio ns Clause of the Fourteenth Amendment. Those on the minority cited concerns of judicial restraint, the connection between marriage and procreation, and whether or not marriage is a Constitutional issue in the first place. Nevertheless, equal recognition for same-sex couples became the law of the land. History James Obergefell and his partner John Arthur wereRead MoreOrigins Of The United States1260 Words   |  6 Pageswas witnessed a distinct ideological change in the opinion of the Supreme Court with respect to the Sixth Amendment include Betts v. Brady (1942) and Gideon v. Wainwright (1963).2 These two cases pondered and deliberated the argument over the course of twenty-one years as to whether defendants in a criminal case are entitled to court appointed counsel under the guarantees of the Sixth Amendment should they not be able to afford one. During the time period between these two landmark Supreme CourtRead MoreThe Importance of the Thirteenth, Fourteenth, and Fifthteenth Amendendments1493 Words   |  6 PagesThe Thirteenth, Fourteenth, and Fifteenth Amendments of The United States Constitution were important for implementing a total reconstruction of America and the blessings of of liberty to everyone that lived within the borders or our country. These ideas of equality wou ld be reached out to the entire population including but not limited to slaves and their descendants and all American Citizens. These Amendments were especially important to African Americans and minorities who were the main victims

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