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Between 1866 and 1875, in the wake of the ratification of the 13th, 14th, and 15th Amendments to the United States Constitution, the Reconstruction Congress enacted five civil rights statutes that were not only extraordinarily forward-thinking for their time but, in many ways, were far more advanced than much of what now passes for modern civil rights law: the Freedmen’s Bureau Act of 1866 ...
Enforcing the 14th Amendment’s Bar on Insurrectionist Officers and Candidates. Gerard Magliocca Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. With the Senate’s acquittal of former President Trump, the focus now turns to whether Section Three of the Fourteenth Amendment prohibits him from serving as ...
In 1829, shortly after the publication of Walker’s Appeal, Georgia passed a law making it a crime to instruct a person of color to read or write. Virginia and Alabama passed similar laws in 1831 and 1833. After the AASS began its 1835 mass mailing campaign directed toward white Southerners, Southern states responded by expanding the scope of ...
The Constitutional Vision of Martin Luther King, Jr. In 1976, when I was in tenth grade, the dreaded “back-to-school” assignment for my American history class was to write an essay about the three most important Americans in our nation’s two hundred-year history. This was, I suppose, our school’s nod to the celebration of the ...
Overview. The American Constitution Society advocates for the Equal Rights Amendment (“ERA”) to be recognized as the 28th Amendment to the U.S. Constitution. We provide programming and resources to help foster greater understanding of this century-long fight for gender equality. A woman in a Los Angeles crowd holds an ERA sign August 1972.
First introduced by suffragist Alice Paul in 1923, the Equal Rights Amendment (ERA) provides that “ [e]quality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”. Paul sought to build upon the success of the suffragist campaigns to further amend the Constitution and greater ...
14th Amendment is the fundamental belief that all people are born equal, and, if born in the United States, are born equal citizens regardless of color, creed or social status. It is no exaggeration to say that the 14th Amendment is the constitutional embodiment of the Declaration of Independence and lays the foundation for the American Dream.
Douglass’ theory of the Constitution was most readily reflected in the language and text of the Fourteenth Amendment, which famously extended the equal protection of the law to “all persons” and enshrined the principle of birthright citizenship in the Constitution, overturning once and for all the shadow of Dred Scott and planting the ...
The Fourteenth Amendment went farther, clarifying that abolition was to mean equality before the law. The Citizenship Clause embedded the abolitionist concept of birthright citizenship in the Constitution, pushing back against Southern state efforts to restrict Black liberties after slavery’s abolition. The Privileges or Immunities Clause was ...
The suffering of children we are witnessing today is reminiscent of what led Congress to pass the Child Labor Amendment almost one hundred years ago. Although ratification may seem unnecessary in light of the FLSA, this legislation passed eighty-five years ago may not be capable of providing critical protection for children today.