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The importance of the fourteenth amendment
The importance of the fourteenth amendment
An easy paper on the 14th amendment
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How did the United States come to the equal and non-racist country it is today? Well, before the 1850s slavery was common in the South, but it was decided that there needed to be a change. Therefore, the thirteenth, fourteenth, and fifteenth amendments were added onto the constitution. In this essay, you will be exposed to the past of the Fourteenth Amendment, as well as who rights belonged to, and several court cases that included it. In 1868, the Fourteenth Amendment was ratified. It was introduced by President Franklin D. Roosevelt as part of the reconstruction plan after the Civil War. The Fourteenth Amendment had three principles causes that ensured equal protection of the law to all citizens – including African Americans who were previously
Groups of people soon received new rights. Congress passed the Civil Rights Act. It gave black Americans full citizenship and guaranteed them equal treatment. Also, it passed the Fourteenth Amendment to make sure that the Supreme Court couldn’t declare the Civil Rights Act unconstitutional. The amendment made blacks citizens of the United States and the states in which they lived. Also, states were forbidden to deprive blacks of life, liberty, or property without due process. Additionally, blacks could not be discriminated by the law. If a state would deprive blacks of their rights as citizens, it’s number of congressional representatives would be reduced. The Civil Rights Act as well as the Fourteenth Amendment affected both the North and the South.
Whites never gave total freedom to African Americans. Blacks were forced to endure curfews, passes, and living on rented land, which put them in a similar situation as slaves. In 1866, the KKK started a wave of violence and abuse against negroes in the south, destroying their properties, assaulting and killing them in different ways, just because angry white people do not want the blacks to stand up and join in political or any kind of issues or freedom. The Fourteenth Amendment did surely constitute the biggest development of government force following the approval of the Constitution.
In this essay I will be writing about the effectiveness of the 13th, 14th and 15th amendments to the Constitution of the United States of America and considering whether they achieved the purpose of making life better for African Americans. I’m going to start this essay by talking about the Amendments and what they were designed to achieve.
From the start of the American Civil War, 1860, until the end of the Reconstruction, 1877, the United States of America endured what can be considered a revolution. Prior to the year 1860, there was a lack of union because of central government power flourishing rather than state power. Therefore, there was a split of opposite sides, North and South, fighting for authority. One major issue that came into mind was of slavery. At first, there were enactments that were issued to limit or rather prevent conflict to erupt, such as the numerous compromises, Missouri Compromise and the Compromise of 1850. They did not fulfill the needs of the states, South states in particular; therefore, in the year 1860, the Civil War had commenced. There was the issue of inequality of Blacks in suffrage, politics, and the use of public facilities. However, much constitutional and social advancement in the period culminated in the revolution. To a radical extent, constitutional development between 1860 and 1877 amount to a revolution because of events like the Emancipation Proclamation, Civil Rights Act, the amendments that tried to change African Americans lives in American Society and contributed to get the union together. There is the social developments as well that to a lesser extent had amounted to the revolution because of organizations like the Klu Klux Klan, Freedmen’s Bureau lacking, and discrimination against African Americans that caused progression of violence and white supremacy.
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
Living in the United States of America is all about opportunity. The opportunity to get a good job, make money, and lead a life of good quality; in other words, the opportunity to Life, Liberty, and the Pursuit of Happiness. However the opportunity for many people was not around through out the 1800s. Certain groups of people did not hold the basic rights that were guaranteed by the Constitution. In fact, most of the people that had opportunity were the wealthy white men, and few other people ever had any chances to lead a good life. For example, at the end of the 1800s African Americans had some rights, however a lot of their rights were severely limited by laws that were made by the wealthy white men. Also, Native Americans didn’t have any rights at all; they weren’t even considered United States citizens. So how did the United States go from a country that only benefited white men to a land of opportunity for everyone? The answer to this is through reform movements. The many reform movements through out United States History as shaped American Society and Culture to what it is today. For example, the Progressive movement saw many laws passed which are still in effect today. Also, without the Civil Rights movements we would still be living in a hypocritical, racist society.
...ious slaves the right to citizenship, meaning they were able to do anything that a normal citizen could do, for example hold seats of power. The Fifteenth amendment ensured that they were given the right to vote. However, the reason that their accomplishments were in vain was because they did not get rid of racism. Whatever advancement they made was taken back due to whites still believing in racism. After the Reconstruction era, the South feared an African American with power so they formed hate groups and technicalities to get around amendments. Even though the Fourteenth amendment ensured that slaves were given the right to citizenship, the whole ideal of “separate but equal” came into play. With the Fifteenth amendment, the South was able to justify the racist action of enforcing a literacy clause or a grandfather clause by writing it into their constitution.
On December 6, 1865, the thirteenth amendment to the United States constitution was ratified (Archives). This amendment effectively abolished slavery with the exception of a punishment for a crime (Archives). This was a great victory for blacks, who had been the preferred target for slaves. For many, however, the passage of the amendment failed to change the attitudes of white Americans. Blacks were clearly not welcome in many cities across the nation, with laws allowing blacks to work within a city’s limits, but requiring them to leave before sundown.
The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The Antifederalists were extremely concerned that the national government would trample their rights. Rhode Island and North Carolina refused to ratify until the framers added the Bill of Rights. These first ten amendments outlined things that the government could not do to its people. They are as such:
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
As a result of the failure of Johnson's Reconstruction, Congress proposed its own plan. The 14th amendment was one of the many things implemented under this plan. Among other things, this amendment forbade ex-Confederate leaders from holding political office, and gave freedmen their citizenship. The Southern rejection of this amendment, largely as a result of the actions of their former Confederate leaders then in state office, paved the way for the Reconstruction Act of 1867. This dismantled all Southern governments and established military control over the South.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –U.S. Constitutional Amendments
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
Aside from the presidential reconstruction, the Congressional Reconstruction was also taking place. The Congressman disagreed with both Lincoln and Johnson’s plans for Reconstruction. Their main two goals was to integrate African Americans into society by granting them citizenship and the right to vote, and the second goal was to destroy the political powers that former slaveholders had in the South. They first implemented these ideas by passing the Civil Rights Act of 1866. The Civil Rights Act of 1866 gave African Americans citizenship and forbade states from passing discriminatory laws. Although the black codes came about and Andrew Johnson vetoed the bill, Congress had the power to override his veto. This shows that even though the President is the leader of the nation, the Constitution guarantees that Congress has some measure of influence over the President and may chose to block his procedures, Check and Balances. With success, Congress passed the Fourteenth Amendment, which states that all persons born or naturalized in the United States are citizens of the country. All citizens were entitled to equal protection under law and be given their rights. The Congress agreed that if the Confederate states ratified the Fourteenth Amendment they could come back into the Union. Having not followed the Congress request, Congressed passed the Reconstruction Act of 1867. This forced the Confederate states to undergo Reconstruction as the Congress wanted. To ensure that Southerners could not change their state constitution in the future, they passed the Fifteenth Amendment and the last congressional Reconstruction law, another Civil Rights
After the Civil War, the USA offered civil rights and laws privileges to African-Americans. The USA government passed an amendment ending slavery in 1865; the Thirteenth Amendment of the United States Constitution. Although slavery was outlawed, it did not provide citizenship and equal rights. Therefore, the Fourteenth and Fifteenth Amendment offered