Fourteenth Amendment to the United States Constitution

Abstract In the modern times back in the late 18th century in the Constitution where the Founding Fathers were established the to rebuild the federal government to become more efficient than the recent government under the Article of Confederation, they were also published and ratified the ten natural rights of the citizens known as the Bill of Rights. In the Bill of Rights of the Congress, the Second Amendment, which infers that the people of the society has been entitled to have…

During and after the Reconstruction Era, the US Supreme Court needed to interpret a substantive meaning of the 14th Amendment in a response to legal arguments brought by women and laborers. The US Supreme Court’s interpretation of the amendment’s Sec. 1 affected women’s legal rights in both positive and negative ways. The Sec. 1’s privileges and immunities clause undermined women’s legal rights in Bradwell vs. Illinois (1873) and Minor vs. Happersett (1875) by the US Supreme Court’s narrow…

student decides she wants to challenge the expulsion as a violation of her due process rights. Can the student challenge the action? Surprisingly, the answer depends on which federal circuit the student lives in. In 1975, the United States Supreme Court held that state law could provide primary students a property interest in their education. However, forty years later, courts remain uncertain of when such an interest exists for university students. In Goss v. Lopez, the Supreme Court…

historical ruling in Obergefell v. Hodges expanded what were the previous 37 states and Washington, DC, to expand the recognition of gay marriages in all 50 states constituting the same rights and benefits as heterosexuals. The court clearly stated that, “the conclusion that the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right…

The Standalone Approach to Education Property Interests The main alternative to the state-based approach is a standalone approach, where courts hold that there is a standalone property interest in education. Currently, the First, Sixth, and Tenth Circuits use the standalone approach to property interests. Most courts using this approach rely on Goss as the basis for their position. For example in Gorman v. University of Rhode Island, the First Circuit held that “[i]t is also not questioned…

people where educated? According to Brown vs. Board of Education: Here 's what happened in 1954 courtroom by Herb Altschull “Warren said that when the 14th Amendment was enacted, "education of Negroes was almost nonexistent, and practically all of the race were illiterate. In fact, any education of Negroes was forbidden by law in some states." ” that is astonishing to hear, that at some point colored people could not be taught to read or write and how can an illiterate person ever fully…

14th Amendment one has to look at the Bill of Right which it has been used to incorporate. The original Constitution was devoid of a Bill of Right guaranteeing citizens’ rights. The exclusion of the Bill of Right almost derailed the ratification of the Constitution as it was deemed essential. James Madison drafted 7 out of 10 of the Bill of Rights. Madison proposed language that would have made the Bill of Rights binding on the states; that verbiage did not make it into the final amendments. In…

In the years after the civil war, American still had a lot of problems with segregation between white and color, especially in the South. Even though the slavery is abolished, the discrimination still not ending. White still found their way to continued making the law to separate Africa-America from them. Africa- America who had live in southern stare doesn’t have equal right as white. White had dominated most of the place and there a little world for Color’s man. Such as both have the right to…

significant problem in the United States. Because the constitution never actually gives citizens a right to privacy, it just merely hints at it. Some people believe that because the right to privacy is not stated anywhere in the constitution, the right should belong to citizens. The main point of the First Amendment is freedom from religion. It is often thought that that means separation from church and state but that actually isn’t part of the amendment. The First Amendment just grants freedom…

commonly known case among citizens, but is quite significant within the United States government. The case was argued in 1923 and reargued in that same year after Benjamin Gitlow was handing out copies of the Left-Wing Manifesto during the first Red Scare in the United States (Chicago-Kent College of Law, 2015) (US Supreme Court). The court case was not established until two years later in 1925. Gitlow v. New York established that a state government has the right to punish an individual or group…