The 14th Amendment is one of the most cited amendments in litigation
even today. There is often one forgotten fact or should I state,
neglected to mention fact about the 14th amendment is that it was
spearheaded and driven by Republicans, notably Rep. John Bingham of
Ohio. The republican’s sole purpose was to protect blacks and ensure
their properties and right to life, liberty, and their fair due process
was ensured by the law of the land. The equal protection clause
was written to protect those freed slaves that had no fair due process
or legal rights in states with black codes. States with black codes,
mainly southern states, blacks could not sue, bear witness, provide
evidence, and received server penalties and punishments than whites
under the same laws. The equal protection clause demanded that the
states enforce the same laws with equal treatment. The framers for the
14th amendment also ensured that the states were subject to the Bills of Rights.
The key clauses to the 14th Amendment are:
- State and federal citizenship for all persons regardless of race both born or naturalized in the United States was reaffirmed.
- No state would be allowed to abridge the “privileges and immunities” of citizens.
- No person was allowed to be deprived of life, liberty,or property without “due process of law.”
- No person could be denied “equal protection of the laws.”
The fourteenth amendment is a ‘reconstruction amendment’, meaning it
is one of the 2 other amendments that were adopted after the civil war.
All three of the reconstruction amendments, the 13th, 14th, and 15th,
eradicated discrimination in some form, be it race, color, sex, creed,
to be used as a form to block a U.S. citizen enjoying the same rights as
any other citizen. The 13th abolished slavery, the 14th gave Due
process, and the 15th granted the right to vote (with the exception to
women, which was the 19th amendment). While the 14th Amendment did not
provide the freedom that the Republicans wanted, because the true civil
rights, especially in states that found ways to continue to use black
codes to discriminate did not occur until the Civil Rights Act of 1968
was signed into law, the 14th amendment laid the foundation and some
like Constitutional Scholar Garrett Epps, considers the 14th Amendment
on of the most important Amendment to the Unite States Constitution.
Some notable legal cases citing the 14th Amendment are:
- Pleassy v. Ferguson 1896
- Brown v. Board of Education of Topeka 1954
- Bolling v. Sharpe 1954
- Mcdonald v. Chicago (cited 2nd Amendment and 14th Amendment).
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