Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The 14th amendment of the bill of rights
14th amendment and the effects today
The importance of the fourteenth amendment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The 14th amendment of the bill of rights
which occurs against the discrimination of the private individuals, this is based on the first section which applies to the actions of the general violates even if not always do occurs for the state agents. The congress enables the passing of the legislation which normally prohibits the state for the actions which is generally violated. The limitation of banning the congress literacy for the test of voting, the upheld of the ban due to the court since it determines the tests which is literacy for tends of the abuse which is often completed through the banned. The declaration of Supreme Court in 1997 the freedom for the religious according to the religion act, this involves the congress which are tried due to the use of the enforcement clauses which over turn the court’s decision which regards the clause of the free exercise, that is the unconstitutional. The proposed action from the legislation does the remedy of action of preventing due to the prohibition from the 14th amendments. The Fourteenth Amendment of the constitution is based on four governments. Fourteenth Amendment to south Africa constitution, Fourteenth Amendment to Ireland constitution, Fourteenth Amendment to the constitution of the united states and Fourteenth Amendment to Pakistan …show more content…
It acts as a defense from irresponsible disapproval of life, birthright, or property by the state outside the rule of law. According to the U.S Supreme Court, Clauses offer security such as the principle necessary by the constitution that a citizen to be made aware before the government performs in a way to restrict a person of a life, birthright, or assets interest. The principles that enable courts to guard specific rights perceived basic, restrictions on vague rulings and as the catalyst for steps undertaken by which United States courts have set up portions of the amendments to the American Constitution. (14Th
... 1 helps to make sure that no one takes advantage of their rights. The Notwithstanding Clause is another significant reason why it is okay to have limitations on certain rights.
Abraham Lincoln became the United States ' 16th President in 1861, delivering the Emancipation Proclamation that declared forever free those slaves within the Confederacy in 1863. If there is a part of the United States History that best characterizes it, is the interminable fight for the Civil Rights. This he stated most movingly in dedicating the military cemetery at Gettysburg: "that we here highly resolve that these dead shall not have died in vain--that this nation, under God, shall have a new birth of freedom--and that government of the people, by the people, for the people, shall not perish from the earth. "The Declaration of Independence states “All men are created equal”.
After the Revolution, the country was left in an economic crisis and struggling for a cohesive path moving forward. The remaining financial obligations left some Founding Fathers searching for ways to create a stronger more centralized government to address concerns on a national level. The thought was that with a more centralized, concentrated governing body, the more efficient tensions and fiscal responsibilities could be addressed. With a central government manning these responsibilities, instead of the individual colonies, they would obtain consistent governing policies. However, as with many things in life, it was a difficult path with a lot of conflicting ideas and opponents. Much of the population was divided choosing either the
The 14th Amendment was made in 1868 to allow every person who was born in America or who had become an American citizen to have the same rights as any other citizen. Additionally, they were also a citizen of whatever state they lived in. No state in America was allowed to make laws that limit US citizens’ rights and protection, execute people, imprison people or take their property away without a legal process.
1. Our great country was founded upon a high set of principles, values, and laws. Many of these are easily seen when looking at the United States constitution. The first ten amendments are what is commonly known as the Bill of Rights. This is good and all, but until the fourteenth amendment was passed, the Bill of Rights only was applied to the Federal government. The 14th amendment has a clause that says, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The Supreme Court ruled against “Total Incorporation”, but instead ruled in favor of “Selective Incorporation”. This meaning that the Supreme Court would define the constitutionality of the treatment of a citizen by the state.
The eighth amendment of the United States Constitution prohibits cruel and unusual punishments. New Cutting edge technology carries with it the likelihood of new treatment for criminals. A fictional example of such technology is Ludovico treatment, which alters the consciousness of a criminal and makes them non-violent. The use of the Ludovico treatment on prisoners can be considered a cruel and unusual punishment and thus violate the eighth amendment. Even though this treatment may be technically unconstitutional, it would be allowed in the United States for the betterment of society.
This amendment was created during the reconstruction phase attempting to reunite this country after the brutal battles of the Civil War. Henretta and Brody emphasize how the Republicans were progressing in a direction to sanctify the civil rights of the black community. These authors contend the vital organ of the document was the wording in the first section. It said “all persons born or naturalized in the United States were citizens.” No state could abridge “the privileges or immunities of citizens of the United States”; deprive “any person of life, liberty, or property, without due process of law”; or deny anyone “the equal protection of the laws.”2 Imagine the problems that could arise in the country if repeal were to come to a realization. Henretta and Brody point out how the wording in section 1 of the document was written in a way that could be construed as inexplicit. The reason for this was for the judicial system and Congress could set an example for balance in due process here in the
Instead, the court recognized that the right to abortion was guaranteed under personal privacy. Thus, any law regulating abortion in any state across the United States was supposed to be justified by stating any of the compelling state interests. Additionally, any legislative enactment set forth should be tailored in meeting the compelling interests of all parties. The judges also agreed that the right to abortion was unlimited; therefore, it was important for the court to determine a framework that would balance the right to abortion and those of the government (Stewart et al. 307). The latter sought to protect the rights of all mothers and at the same time protect the human life. If the abortion law was completely unregulated, then there would be cases where individuals would practice abortion without factoring the important role of government in conserving life (Saad). As a result, the trimester framework that took the above issues into consideration was conceived. The framework established when the fundamental rights of women to issues relating abortion became absolute. It also established when the state's interests were more compelling than the rights of the woman. In the first trimester, the Court left the decision to the woman and the physicians. However, after the first trimester or at the end of the first trimester when fetal viability had been established, the state had a right to protect the health of the mother as well as the unborn child (Saad). The state was also required to regulate all abortion procedures so that they became reasonable. The procedures were supposed to protect and preserve maternal health. At the third trimester, the state interest would become compelling since the viability of the fetus becomes compelling. In such cases, the state has the right to regulate abortion to protect human life. Also, the
The 4th amendment of The Bill of Rights guarantees freedom from unreasonable searches and seizures. Henry David Thoreau once said, “That government is best which governs least," this statement is true because the more the government is involved, the more complicated life becomes for the people of the U.S. When government is too involved in something, it can soon becomes corrupt. The Safford Unified School District v. Redding was a case in 2009 where thirteen year old Savanna was suspected to have given prescription-strength ibuprofen to a friend in school, this resulted in the vice principal taking her backpack and searching for more pills. Nothing was found in Savanna’s backpack so she was sent by the vice principal to the nurse’s office to be stripped of all her clothes including her undergarments; again nothing was found. In this instance the school became overly involved for non-justifiable reasons which caused the situation to become corrupt. This is comparable to when the government and law enforcement is too involved in the citizen’s lives. It is of unjust law to search the American people without probable cause. The school strip searched Savanna illegally which
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:
The Bill of Rights or the first 10 amendments to the Constitution was proposed to Congress in 1789 by James Madison in response to the Anti- Federalist movement that lobbied for an extended amount of rights that would further safeguard liberty. The 4th amendment in particular was drafted to acknowledge the abuse of the writ of assistance, a “search warrant” issued by the British government to search boats that were thought to contain smuggled material in Colonial America. The 4th amendment can be broken down into 3 parts: what activities are considered to be a “search” or a “seizure”; what is a probable cause for a “search” and “seizure” and finally, how violations should be dealt with. The evolution of the 4th amendment is long and tumultuous, starting from what it meant at time of drafting, to the controversy over different interpretations in modern times. Through all the controversies and the debate over the meaning of the 4th amendment, the essence is always the same: to protect man’s liberty.
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.
According to the U.S. constitution, fundamental rights hold a special significance under the Fifth and Fourteenth amendments. The Fourteenth amendment states that, “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 ju...
The entire American Government is based in the belief that all human beings are born with certain rights. People do not receive their rights from the Government; its function is actually to guard the rights we already have. Citizens are protected by the first amendment, which prohibits government from acting against anyone's rights.
With the issue of abortion, we are able to relate it easily to several principles throughout the Constitution. Every human has the right to make decisions about their own body, and this includes a woman’s right to terminate a pregnancy. The Constitution doesn’t classify an unborn baby as a human. Which leads straight in to the 14th amendment, a right for personal privacy and not allowing the government and Constitution to be a pressuring standpoint in this decision on whether you want to keep your child. As a human, we have the rights that no state shall make or enforc...