The Pros And Cons Of The Fourteenth Amendment

"To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." (Article I, Section 8, Clause 18). The Constitution is by far the most important document in our country's history. It provides rules and restrictions for the government and the power it can hold. It ensures the stability for our country’s survival.

These two reason alone are the vocal point begging for the 14th amendment to be reinterpreted. The 14th amendment is worded to where it would be easy to reinterpret as one senator interprets it “ Sen. 7 Lyman Trumbull of Illinois was, Graglia writes, one of two "principal authors of the citizenship clauses in 1866 act and the 14th Amendment." 8 He said that "subject to the jurisdiction of the United States" 7 meant subject to its "complete" 8 jurisdiction, meaning "not owing allegiance to anybody else." (will) If the 14th amendment were to be reinterpreted it could easily become a law that one parent must be a citizen making it to where one parent isn’t “owing allegiance to anybody else.”

The 14th Amendment of the U.S. Constitution protects any person within their jurisdiction of their due process and equal protection. The Equal Protection Clause under the 14th Amendment requires the states to apply their laws equally to any person within their jurisdiction. The equal protection clause aims to provide equal application of the law. It is also crucial to the protection of civil rights. There should be no discrimination in its application.

The first Amendment grants freedom concerning, religion, assembly, expression and the right to petition. These clauses are very satisfactory for the people of America. They cannot be taken away from the government or anyone else. However, if they are misused the government has the right to intrude. This essay will discuss the five clauses in the 1st amendment.

The Tenth Amendment was first drafted by colonists to ensure that the new form of government they were trying to establish would never have an excessive amount of control over the population. While colonists were under British rule, they constantly encountered the problem of King George lll having total control over every single person. The Tenth Amendment states the federal government only has the rights delegated in the constitution, otherwise, it goes to the people or the states. The government and citizens are aware of their rights because the Supreme Court has ruled laws that go directly to the people, even though it doesn't specify what these powers are. The court case, McCulloch v. Maryland directly references the amendment in 1819.

The Fourteenth amendment is a significant addition to the constitution and although the amendment has five sections, section 1 has had the moral lasting significance through its creation of three important provisions concerning citizenship, due process and equal protection. The Fourteenth Amendment granted citizenship to all people born or naturalized in the United States and subject to the jurisdiction thereof. The fourteenth Amendment also forbid the states to deny their citizens due process of law or equal protection of the law, that is, it made certain provision of the Bill of Rights applicable to the states. Lastly, the Fourteenth Amendment prohibits the government at any level from unfairly or arbitrarily denying a citizen their fundamental

This amendment granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed by the Thirteenth Amendment. In addition to granting citizenship, it forbids states from denying anyone "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws,” no matter who they were. The 14th Amendment expanded the protection of civil rights tremendously to all Americans no matter color or race and is cited in more litigations than any other amendment of the United States today. On June 22, 1866, precisely fourteen days after the senate passed the Fourteenth Amendment, President Andrew Johnson issued a message to Congress announcing that the Fourteenth Amendment had been sent to the states for ratification. Johnson voiced his negative opinion of the amendment by stating that his actions should "be considered as purely ministerial, and in no sense whatever committing the Executive to an approval or a recommendation of the amendment to the State legislatures or to the

Hence there is no discrimination. However, the point that the Supreme Court seems to be missing is the freedom of personal liberty. (“Life, Liberty of Property without due process of Law”)While the object of the 14th amendment was to enforce absolute equality, it included personal liberty. If the amendment is enforced in its true meaning, it means to protect all civil rights that pertain to freedom and citizenship. Liberty consists of the power to move around and follow one’s own will under without any restraint unless prohibited by law.

Some people may think that the 14th amendment does a poor job of protecting people’s rights. In document five it explains how on September 11, 2001,with the terrorist attacks on the World Trade Center, it has caused video surveillance in the United States to increase. For example the U.S has programs that use facial recognition that help match photographs of criminals faces to the criminal. Another program that we use helps prevent suicide bombers from attacking. Some people may think that prevention of terrible events reoccuring or occurring is a good thing, but using security systems everywhere may be a violation of their rights and privacy.

Other than the American citizens, another major factor that the 14th Amendment affects is the education system. Keeping the equality between all students is key in today's world. One of the most grossing arguments is on how to have total equality with all races, genders

To confirm more about this matter, here is an article from the Washington Post, and they inform, “that the 14th amendment, is the idea that people born on American soil are automatically American citizens.” There is a friend of mine who falls in this category. Couple of years ago his family lived in Mexico, and sooner or later they decided to come to the U.S. so that Guillermo can be born here as a citizen. He told me that the reason that my family decided is because citizens are almost the key to a better life: (Hernandez). In order to petition a file you need to be 21 years old of age in order for him or her to petition a file for one of his relatives: (Reasoner).

The Fourteenth Amendment has 4 sections that have been in use since the Civil War. The first section is the most important and most discussed. It guarantees citizenship to any and all persons born or naturalized in the United States. It ensures any person 's “life, liberty, or property” will not be denied without due process.” This section defines citizenship, who can become a citizen of the United States and how.

3.4.17 What does the constitution say about birthright citizenship: Professor Edward edlard cal state – he testified before subcommittee 20 years ago, the framers of the constitution, the civil war amendments 13,14,15. Section 5 of the 4th amendment congress can to define the jurisdiction of the united states. Congress has exercised this same authority to define the jurisdiction of the US before in 1986 and later with the immigration reform act and with the illegal immigration reform of 1996. Senator Jacob Howard wrote the 14th amendment citizenship clause he defined who would fall under the citizenship clause jurisdiction when he wrote: “Every person born within the limits of the united states and subject to their jurisdiction is by virtual

The 14th amendment is split into five sections. Section one is the most important of them all and 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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (The Constitution 2014). However it was put to test in the south early on.

This was determined from the 14th amendment which stated: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor hall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” In summary, the amendment to the constitution is still able to serve our country by attempting to resolve a large conflict and ensuring the rights of all Americans.