10/7/2023 0 Comments 14th amendment protectionIf a person held Confederate bonds, they would be worthless. Confederate debts, however, would not: “either the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave but all such debts, obligations and claims shall be held illegal and void.” This basically states that if a person had bonds from the United States and/or Union, the bonds would be honored by the U.S. The amendment also answered the question of debts arising from the Civil War by specifying that all debts incurred by fighting to defeat the Confederacy would be honored. It prohibits sex-based discrimination in any school or other education program that receives federal money. It also provided the basis for Title IX, a federal civil rights law that was passed as part (Title IX) of the Education Amendments of 1972. Hodges (2015) regarding same-sex marriage. Wade (1973) regarding abortion, and Obergefell v. Board of Education (1954) regarding racial segregation, Roe v. The section is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. This clause has been the basis for many decisions rejecting irrational or unnecessary discrimination against people belonging to various groups. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including all non-citizens, within its jurisdiction. The Supreme Court has ruled this clause makes most of the Bill of Rights as applicable to the states as it is to the federal government, as well as to recognize substantive and procedural requirements that state laws must satisfy. The Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without a fair procedure. Sandford (1857), which had held that Americans descended from African slaves could not be citizens of the United States. The Citizenship Clause provides a broad definition of citizenship, nullifying the Supreme Court’s decision in Dred Scott v. The Fourteenth Amendment’s first section includes several clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. This video from the National Constitution Center explains each of the sections of the 14th amendment and what they mean. You can read the full text of the Fourteenth Amendment at the Our Documents website. The 14th Amendment and Equal Protection Under the Law or given aid or comfort to the enemies ” the United States were barred from holding political (state or federal) or military office unless pardoned by two-thirds of Congress. As Radical Republicans had proposed in the Wade-Davis bill, individuals who had “engaged in insurrection or rebellion. It eliminated the Three-fifths Compromise of the 1787 Constitution, whereby slaves had been counted as three-fifths of a free white person, and it reduced the number of House representatives and Electoral College electors for any state that denied suffrage to any adult male inhabitant, Black or White. It gave citizens equal protection under both the state and federal law, overturning the Dred Scott decision. The Fourteenth Amendment stated, “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.” In July 1866, the Fourteenth Amendment went to state legislatures for ratification. Seeking to overcome all legal questions, Radical Republicans drafted another constitutional amendment with provisions that followed those of the 1866 Civil Rights Act. The Supreme Court, in its 1857 decision forbidding black citizenship, had interpreted the Constitution in a certain way many argued that the 1866 statute, alone, could not alter that interpretation. Questions swirled about the constitutionality of the Civil Rights Act of 1866. Ignoring the existing state governments, military government was imposed until new civil governments were established and the Fourteenth Amendment was ratified. This refusal led to the passage of the Reconstruction Acts. State legislatures in every formerly Confederate state, with the exception of Tennessee, first refused to ratify it. Amendments must be passed by 2/3 of the Congress and Senate and then ratified by at least 3/4 of states. Form of the Letter of Transmittal of the Fourteenth Amendment to the several states for its ratification.
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