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The Fourteenth amendment was ratified by nervous Republicans in response to the rise of Black Codes. [15] This ratification was irregular in many ways. First, there were multiple states that rejected the Fourteenth Amendment, but when their new governments were created due to reconstruction, these new governments accepted the amendment. [16]
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
The Supreme Court established the judicial precedent for suspect classifications in the cases of Hirabayashi v.United States [5] and Korematsu v. United States. [6] The Supreme Court recognizes race, national origin, and religion as suspect classes; it therefore analyzes any government action that discriminates against these classes under strict scrutiny.
Ratified in 1868, interpretations of the 14th Amendment have been key in extending a slew of legal protections including civil rights, same-sex marriage, abortion rights, and beyond. Here’s what ...
when a fundamental constitutional right is infringed, [2] particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the Due Process Clause or "liberty clause" of the 14th Amendment, or; when a government action applies to a "suspect classification", such as race or national origin.
In its 1898 ruling, the Supreme Court majority said the plain words of the 14th Amendment protected the son of Chinese nationals who was born in the United States.
A draft of the 14th Amendment to the U.S. Constitution, which was ratified in 1868 and guarantees birthright citizenship (Getty Images) Trump used the “subject to the jurisdiction thereof ...
Constitutional Equal Protection analysis applies not only to challenges against the federal government, but also to state and local governments.Although the Fourteenth Amendment's Equal Protection Clause applies only to state and local governments, the United States Supreme Court has implied an Equal Protection limitation on the federal government through a process known as "reverse ...