14th Amendment Essay Conclusion

1654 Words 7 Pages
The fourteenth amendment according to dictionary.com is “an amendment to the U.S. Constitution, ratified in 1868, defining national citizenship and forbidding the states to restrict the basic rights of citizens or other persons”. To my housemate, Tara, she didn’t even know what the fourteenth amendment was, but when asked how she defined equality she said “fairness”. To my mom the fourteenth amendment was having “the same rights regardless of sex or race”. Listing the variety of different meanings of the fourteenth amendment and/or equality takes a great part in cases that have happened recently for example, Fisher v. University of Texas. The plaintiff claimed that her fourteenth amendment right was violated when denied admission into the school …show more content…
v. Morrison the word equality and the fourteenth amendment didn’t seem to apply for the courts. A woman who is a victim of gender-motivated violence would expect some sort of equal protection. When the victim sued under VAWA, Violence Against Women Act, she probably expected to have equal protection under the 14th amendment but the courts didn’t see an individual, private case as their problem. This case was a state issue not a federal issue because it didn’t deal with interstate commerce. The 14th amendment, in this case, seemed to represent, like previously stated, an alliance with both state and federal governments to establish when VAWA under the equal protection clause should be applied. The defendant made an unfortunate point that the plaintiffs civil remedy was unconstitutional because it lacked Congress’s authority to apply section 5 and 8 of the fourteenth amendment to this case therefore the courts struck down the plaintiff’s argument. In the case Brown v. Board of Education, segregation of children in public schools primarily based on their race denies black children equal protection guaranteed by the Fourteenth Amendment, even though the physical facilities may be equal. Education in public schools is a right which must be made available to all on an equal basis. In Brown v. Board of Education, the Court used the equal protection clause to help create a new idea of equality with something that would mitigate past discrimination and contradictions between …show more content…
After Plessy petitioned the courts held that the states are constitutionally permissible to allow legislation requiring persons of different races to use “separate but equal” segregated facilities. This case was later overruled by Brown v. Board of Education. Plessy v. Ferguson was one of the first cases to show that the fourteenth amendment didn’t apply to everyone especially the equal protection clause. The holding of this case showed that segregation was still permissible in areas even after slavery was abolished. Race was still a huge factor in this case and era. The phrase “separate but equal” is really baffling to grasp because one has to wonder “but if you’re separate how are you

Related Documents