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The Power of the 14th Amendment of the US Constitution - Research Paper Example

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This essay analyzes the power of the fourteenth amendment of the US constitution adopted 150 years ago. The article prohibits states from depriving Americans - the African Americans and the slaves of the civil war - their right of the liberty, life or property without following the legal process…
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The Power of the 14th Amendment of the US Constitution
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Download file to see previous pages The fourteenth amendment gained a power to protect the southern states from discriminating against the liberated blacks after their defeat in the civil war. The first section of the fourteenth amendment has a lot of powers in the constitution which is expressed in different clauses.
One of the clauses is the citizenship clause which holds it that any person born in America is granted full citizenship. 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 for 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 the 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 and relinquishing citizenship voluntarily according to Anzalone (2002). ...Download file to see next pagesRead More
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