Harris
America is an exceptional country. Despite that, it has had its low points. The Civil War was centered around an issue that is considered one of the low-points in our history; slavery. The war shaped the constitution and parts of the American law system including equal protection and due-process. During the reconstruction era that transpired directly after the civil war ended the 14th amendment was created. The fourteenth amendment was one of great change and controversy. The amendment addressed equal protection of the laws, due-process of law, and citizenship . In section one of the 14th amendment it states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside,” This amendment deals with the hefty topic of citizenship, and claims that any man or woman born in the U.S. is a citizen. Laz This gave African Americans their citizenship; consequently, the amendment was a very controversial one due to the many slavery advocates. …show more content…
This amendment, however, addressed the original ideals that were formed in the Declaration of Independence; for example, the declaration states, “All men are created equal,” and after the Civil War, the epiphany came to light that African-Americans were also men, and they, also, should be treated equally not only as citizens, but as humans. Most citizens of color and different ethnicity were not given fair treatment in the judicial system prior to the 14th. For example, the case of Dred Scott v Sandford, was an unfair trial due to racism. Dred Scott was a slave owned by John Emerson, after he had passed his wife Eliza Irene Sanford took his estate. While under Sanford control, Dred Scott tried to buy his freedom for his family but Sanford refused. He then took it to the supreme court and lost. Mac Many believe that it was the worst supreme court decision of all time and the decision could have been due to racism. The 14th amendment, however, changed that. The amendment states, “no state shall deny to any person within its jurisdiction the equal protection of the laws,”. The due-process clause inside the 14th ensured that every citizen of the United States is able to have equal rights in court of law despite color, racial background, ancestry, etc. This is significant because it allows the defendant in any case to have a trial before any decisions are made. This helps the accuracy of decision-making within a court, and it aids to eradicate any possible biases that might be held by judges or other authority figures who influence …show more content…
It is a way to bring justice while simultaneously being fair. In schools, the due-process is used before expulsions and suspensions are dealt. In the case Goss vs. Lopez, the court decided that it is a requirement to have at least an informal hearing with school administrators before a suspension or expulsion is given. This decision protected the due-process clause because it allows the student to go through a process before a decision is officially made. This allows for, at the very least, the opportunity to rule out any corruption or unjust decisions. Another instance in which due-process is used in school is with the seizure and search of backpacks. There has to be reasonable suspicion to search a backpack. In other words, a teacher or school administrator cannot lawfully walk down the hallways, pick up any backpack and search
America is an exceptional country. Despite that, it has had its low points. The Civil War was centered around an issue that is considered one of the low-points in our history; slavery. The war shaped the constitution and parts of the American law system including equal protection and due-process. During the reconstruction era that transpired directly after the civil war ended the 14th amendment was created. The fourteenth amendment was one of great change and controversy. The amendment addressed equal protection of the laws, due-process of law, and citizenship . In section one of the 14th amendment it states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside,” This amendment deals with the hefty topic of citizenship, and claims that any man or woman born in the U.S. is a citizen. Laz This gave African Americans their citizenship; consequently, the amendment was a very controversial one due to the many slavery advocates. …show more content…
This amendment, however, addressed the original ideals that were formed in the Declaration of Independence; for example, the declaration states, “All men are created equal,” and after the Civil War, the epiphany came to light that African-Americans were also men, and they, also, should be treated equally not only as citizens, but as humans. Most citizens of color and different ethnicity were not given fair treatment in the judicial system prior to the 14th. For example, the case of Dred Scott v Sandford, was an unfair trial due to racism. Dred Scott was a slave owned by John Emerson, after he had passed his wife Eliza Irene Sanford took his estate. While under Sanford control, Dred Scott tried to buy his freedom for his family but Sanford refused. He then took it to the supreme court and lost. Mac Many believe that it was the worst supreme court decision of all time and the decision could have been due to racism. The 14th amendment, however, changed that. The amendment states, “no state shall deny to any person within its jurisdiction the equal protection of the laws,”. The due-process clause inside the 14th ensured that every citizen of the United States is able to have equal rights in court of law despite color, racial background, ancestry, etc. This is significant because it allows the defendant in any case to have a trial before any decisions are made. This helps the accuracy of decision-making within a court, and it aids to eradicate any possible biases that might be held by judges or other authority figures who influence …show more content…
It is a way to bring justice while simultaneously being fair. In schools, the due-process is used before expulsions and suspensions are dealt. In the case Goss vs. Lopez, the court decided that it is a requirement to have at least an informal hearing with school administrators before a suspension or expulsion is given. This decision protected the due-process clause because it allows the student to go through a process before a decision is officially made. This allows for, at the very least, the opportunity to rule out any corruption or unjust decisions. Another instance in which due-process is used in school is with the seizure and search of backpacks. There has to be reasonable suspicion to search a backpack. In other words, a teacher or school administrator cannot lawfully walk down the hallways, pick up any backpack and search