Nobody downloaded yet

The Power of the Fourteenth Amendment - Research Paper Example

Comments (0) Cite this document
Summary
The Power of the Fourteenth Amendment Name: Institutional affiliation: The Power of the Fourteenth Amendment Introduction The fourteenth amendment of the constitution of the United States was adopted in 1868. This amendment was adopted as one of the reconstructive amendment…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95% of users find it useful
The Power of the Fourteenth Amendment
Read TextPreview

Extract of sample "The Power of the Fourteenth Amendment"

Download file to see previous pages The fourteenth amendment granted equal civil and legal rights as well as citizenship to the African Americans and the slaves of the American civil war. They were thus included in the phrase all persons born or naturalized in the United States had the right to be given American citizenship. The power of the fourteenth amendment is well expressed in its five sections: The section one argues that all individuals born or naturalized in the United States, and subject to the jurisdiction thereof, are United States citizens and citizens they live in according to Wagner (2000). It forbids the state from exercising a law that abridges the United States citizens’ privileges and immunities. According to this section, the state has no right to deprive individuals their property, life or liberty without following the legal process. It also ensures that any person within a state’s jurisdiction is equally protected. Since the ratification of the Bill of Rights in 1971, the fourteenth amendment remains the most important amendment in protecting the rights of the individuals. The amendment was driven by the incidence of civil wars in the United States. Initially, this section only defined citizenship and offered protection to the civil and political rights of the individual hence less powerful. Its limitation was that the Africans could not possess United States citizenship and could not enjoy any citizenship privileges and immunities. ...
Under the initial constitution anyone regarded as a United States citizen was first to become a citizen of a certain state in the country. This could not apply to the emancipated citizens, the need of the clause to define citizenship. It meant that a United States’ citizen was also a citizen of a state he/she resided in. The power of the clause has been subjected to different interpretations. It author argued that it had similar content with the original one and it only varied in wording. According to Bosniak (2008), the meaning of this clause was tested in 1884 to establish whether a person born in the United States was automatically granted national citizenship. It was held by the Supreme Court that the Native Americans who left their tribes voluntarily could not automatically acquire national citizenship. The court also claimed that under this clause, a person born in the American soil to a Chinese citizen permanently leaving in US on business and not under official or diplomatic employment were guaranteed American citizenship. The same was also meant to apply to children who belonged to foreign national but not of Chinese descent. The power of this clause also maintains it that, children neither of United States citizens nor foreign diplomats, but born there were guaranteed citizenship after birth. However it was argued under this clause that, Children belonging to ambassadors as well as foreign ministers were excluded from citizenship. Loss of citizenship is another powerful clause section one of the fourteenth amendment. This clause gives two conditions under which individual can lose their citizenship. These conditions are Fraud in the process of naturalization ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Power of the Fourteenth Amendment Research Paper”, n.d.)
Retrieved from https://studentshare.org/family-consumer-science/1416965-the-power-of-the-fourteenth-amendment
(The Power of the Fourteenth Amendment Research Paper)
https://studentshare.org/family-consumer-science/1416965-the-power-of-the-fourteenth-amendment.
“The Power of the Fourteenth Amendment Research Paper”, n.d. https://studentshare.org/family-consumer-science/1416965-the-power-of-the-fourteenth-amendment.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Power of the Fourteenth Amendment

The Right of Due Process Guaranteed by the Fifth and Fourteenth Amendment to the US Constitution

...?The Right of Due Process Guaranteed by the Fifth and Fourteenth Amendment to the United s Constitution Table of Contents Table of Contents 2 Introduction 3 Background 4 What is Due Process? 5 Due Process and the Supreme Court 6 Conclusion 8 References 8 Introduction The United States Constitution is a unique and powerful document the created the system of government within the United States of America. It was created as America declared its independence from its parent nation of England as a way of creating its own direction, with language and concepts that were unfamiliar to the parent nation. It is the document on which the rights of the American citizens are based, and represents many...
8 Pages(2000 words)Research Paper

First Amendment

...in to escort him out. Later a parent conference meeting was scheduled and he was awarded an hour detention for a week. Was Jacob’s right of freedom of expression under first amendment violated? Was the management decision justified? How can we draw a balance between rights and obligations under the garb of freedom of expression? One’s unpopular speech is other’s free speech. Is disciplining student a right reserved to college faculty? This essay tends to analyze these questions by comparing two essays from Stanley Fish and Stuart Taylor in order to seek a plausible role of first amendment in college campus. Stanley Fish, in his essay “The Free Speech Follies”, argues that there is general tendency in...
5 Pages(1250 words)Essay

First Amendment

...? The First Amendment Protects Free Speech The First Amendment does protect free speech. More precisely, it protects a person’s legal right to express their opinions freely without fear of government intervention. The Constitutional right extends solely to government attempts of suppressing speech not corporations, organizations or individuals. This is a common misconception. Some people think they have the right to say whatever they want to or about whomever they choose without fear of legal retribution. This is not true. The First Amendment defines freedom for the U.S. separating it from many other nations that do not allow free speech but not all speech is protected, an important...
3 Pages(750 words)Essay

Sixth Amendment

...? 29th October The exposure to torture and detention of Jose Padilla is nothing short of human rights violation, considering practice and administration of justice in the United States taking into account the sixth amendment of the constitution of the United States of America which advocates for fundamental human rights which they violated in the case of Jose Padilla. Jose Padilla an American citizen born in Brooklyn New York, arrested in connection with the September 11th attack, and accused of collaboration with Al Qaeda and Taliban militias. upon His arrest, they confined Padilla for more than three years without trial on any criminal or civil charges. A ruling in a federal court backed the president's...
3 Pages(750 words)Essay

Amendment rights

...Running head: EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT IN AMENDMENT RIGHTS Discussion Board 5 Discussion Board 5Unreasonable searches and seizures are guarded by the United States Constitution under the fourth amendment. This came about due to the controversial writs of assistance during American Revolution. The amendment IV is has two distinct parts whereby: The first part usually safeguards people against unreasonable searches and seizures. There had been numerous ways of remedying unreasonable searches in the ancient times unlike in the modern jurisprudence that has facilitated respect of the amendment by the police officers. The second part usually concerns the proper issue of warrants whereby it states that there should... be a...
4 Pages(1000 words)Essay

First Amendment

...The first amendment and the protection of freedom of speech The first amendment of the United s constitution clearly defines the free speech concept and the corresponding regulations. The Supreme Court is the legal custodian of the first amendment and its proper implementation. Introduction The first amendment grants people the right to free speech and expression without government intervention. It gives them the right to make public opinions, news and information without any meddling from the government. It grants people the right to gather and march in public, demonstrate, protest and carry signs to express their views in a nonviolent way. By the same provision, people...
3 Pages(750 words)Essay

Amendment Impact

...of affiliation Amendments that impact the issues of Criminal identification Criminal identification process used by the police to identify perpetrators of crime has faced various proposed amendments. When crimes are committed, law enforcements will always ask the victims to identify the criminal. Normally they use various identification methods. Such include show up, line up and photo array among others. Show up method is an identification procedure where the suspect is singly presented to the crime victim (Raskin, 2009, p.75). Based on the identification results, whether positive or negative, the prosecution will take action. However, research has revealed that reliability on eyewitness identification...
4 Pages(1000 words)Assignment

4th amendment

...THE 4TH AMENDMENT s) s) number and The 4th Amendment A brief explanation of the 4th amendment is that it shields civilians and servicemen from unreasonable seizures and searches. It is explained that, an unreasonable search is a search undertaken by a government officer without a search warrant, a credible cause, or devoid of the authority to conduct it. Seizure, on the other hand, is obtaining possessions for evidentiary use in a court of law (Callahan, McCart and Mueller 2005). The gathering of my phone records and emails is a violation of the amendment, and it amounts to unreasonable search. Why is this so? Scaros (2011) describes the Katz case where such a violation...
1 Pages(250 words)Essay

Explain the role of the Fourteenth Amendment's due process clause regarding confessions

...Role of the Fourth Amendment al Affiliation) The Fourth Amendment to the American constitution safeguards persons, paper,houses, and effects from unreasonable seizures and searches. It is essential to define these terminologies since it will facilitate the easy understanding of the role of the fourth amendment. A person refers to the physical aspect of a person, both internally and externally. In the past, the Fourth amendment only applied to the searches and seizures of tangible items. It never applied in oral communications but currently it has been incorporated. Therefore, the term person not only refers to the internal and external aspects of an individual but also their oral communication. A house refers to any structure... that an...
2 Pages(500 words)Essay

The Fourteenth Amendment

...The Fourteenth Amendment College The Fourteenth Amendment The fourteenth amendment was one of the most important constitutional amendments in the United States. The bill sought to eliminate the criminal black codes established by individual states. Notably, the fourteenth amendment endeavored to recognize the rights of emancipated slaves. In many states, slavery was a common factor before 1866. For this reason, the fourteenth amendment sought to introduce a new form of protection of the fundamental rights of former slaves. The whites, specifically in the southern states relied on unfair criminal proceedings to intimidate blacks. For this reason, there were increasing inequalities in criminal proceedings between whites and blacks... . The...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic The Power of the Fourteenth Amendment for FREE!

Contact Us