Fourteenth Amendment of the U.S. Constitution - Essay Example

25 March The 14th Amendment When the United s gained its independence from the British Empire, it adopted a constitution that was basically meant to guide how government matters were run. During this time, the constitution was new and thus it had not undergone any change or amendment. Over the years, the United States constitution has undergone formal and informal amendments. This has not only applied to the national constitution, but the state constitutions as well. The fourteenth amendment is one of the many amendments made to the United States constitution since its formation. It is also the most significant amendment due to the role it played in defining the status of citizenship in the United States. The fourteenth amendment was passed in 1868 and was among the three amendments made to the United States constitution in the years after the civil war. Patrick, Pious and Ritchie, point out that the main reason for the passing of the amendment was “primarily to protect the civil rights and liberties of former slaves, who had been freed by the Civil War and the 13th amendment, against state government that might try to discriminate unfairly against them” (315). The amendment is divided into five sections (The Staff of Congressional Quarterly 183). The most important provisions of the amendment are contained in the first section, which states that all persons born or naturalized in the United States are guaranteed citizenship and are equally protected by the laws of the United States. In section two, the representation in states federal elections that withholds qualified citizens’ right to vote is reduced. In section three, former officials of the federal government who backed the Confederacy from state of federal office are disqualified. In section four, settlement of the Confederate war deficit is prohibited, and in section five, the Congress is granted power to implement the amendment. The fourteenth amendment has always been held as a very important change to the United States constitution, since it spelled out the status of citizenship in the United States. According to the amendment, every person living or born in the United States is a citizen and ought to be treated fairly under the law. The amendment is held with a lot of prestige as it is the only one among the twenty seven amendments made to the United States constitution that changed Americans view of equality, and has had great effects in regard to the issue since it was passed (LaMance, legalmatch.com). During the time of the passing of the amendment, Confederacy had been defeated by the Civil War that had just ended. Abraham Lincoln who was then the President of the United States was in support of the freedom of slaves and so after the Civil War, he declared all of them free (LaMance, legalmatch.com). However, a lot was still needed in regard to the status of slaves in the United States and that of former Confederates. All these required a number of changes in the Constitution for the declaration to take effect. As a result of this, the United States constitution underwent the thirteenth, fourteenth and fifteenth amendments (LaMance, legalmatch.com). The thirteenth amendment spelled an end to slavery although it did not guarantee slaves any rights. Given that the rights of slaves were not known at this point, there was need for another amendment, in this case a fourteenth amendment, meant to clearly outline the rights of the former slaves (LaMance, legalmatch.com). Although most Southern states were against the abolition of slavery and the fourteenth amendment, it still got to be passed since majority of the states supported it. Along with granting equality for all people living and born in the United States in spite of their skin color, the fourteenth amendment forbade any state from denying anyone a right to equal chance in all matters surrounding life such as due process, ownership of property among others. To this day, the fourteenth amendment of the United States constitution is still one of the most significant components to the nation’s democracy. This is because it still maintains the United States pledge that everyone gets equal treatment under the law regardless of his or her orientation, nationality, gender or race. According to Bulmer, a constitution “is the supreme and fundamental law, by which the sovereign constituent power…establishes the constituted powers” (32). Rather than just describing the purposes of different government institutions, their powers and relations, and the duties and rights of the people, it establishes them. In the United States, the constitution is equally important in serving these purposes. Through it, the kind of government and laws that the United States has are defined. Additionally, the rights of the people and the authority and functions of the government are also defined. According to Jurinski, “of the three post-Civil War amendments (Thirteen through Fifteen), the Fourteenth ultimately loomed largest” (235). This is because fourteenth amendment fundamentally changed the United States constitutional law. This happened in two separate ways. First, it “resulted in the incorporation of the Bill of Rights against state governments, thereby extending the people’s constitutional protections against all of our governments, not just the national one” (Bhagwat 56). The second fundamental change to the United States constitution was the introduction of a new approach to constitutional law through the idea of equal treatment for all (Bhagwat 56). This idea came from the realization that there were still inadequacies when it came to according all people protection from oppression. It can be said that for the first time, states were required “to respect the rights guaranteed under the Constitution” (Reinach, A. and Reinach, K. 153) through the fourteenth amendment. From this, it is clear that the fourteenth amendment caused a shift in the balance of power, which at the time, lied on the states and moved it to the national government. Reinach, A. and Reinach, K. point out that “the importance of the fourteenth amendment cannot be overestimated, as it has formed the basis for most civil rights legislation ever since” (153). In conclusion, the fourteenth amendment stands as the most important amendment to the United States constitution and its effects regarding the rights and liberties of all people living and born in the United States regardless of color, nationality, gender or race are appreciated to this day. Works Cited Bhagwat, Ashutosh. The Myth of Rights: The Purposes and Limits of Constitutional Rights. Oxford: Oxford University Press, 2010. Print.  Bulmer, W. Elliot. A Model Constitution for Scotland: Making Democracy Work in an Independent State. Glasgow: Bell & Bain Ltd., 2011. Print. Jurinski, James. Religion on Trial: A Handbook with Cases, Laws, and Documents. California: ABC-CLIO, 2004. Print. LaMance, Ken. “Understanding the 14th Amendment.” legalmatch.com. 2014. Web. 25 March 2014. Patrick, John J., Richard M. Pious and Donald A. Ritchie. The Oxford Guide to the United States Government. Oxford: Oxford University Press, 2001. Print. Reinach, Alan J. and Krista Reinach. Politics and Prophecy: The Battle for Religious Liberty and the Authentic Gospel. Idaho: Pacific Press Publishing Association, 2007. Print. The Staff of Congressional Quarterly. The Concise Encyclopedia of Democracy. Oxon, Routledge, 2000. Print.   Read More