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Congress.gov, accessed Oct. 23, Fourteenth Amendment, Section 3 Disqualification from Holding Office Thank you for supporting our journalism. You can subscribe to our print edition, ad-free app or ...
First the majority’s suggestion that there must be new implementing federal legislation passed pursuant to the enforcement power specified in the 14th Amendment is what lawyers call dicta. Dicta ...
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 Court decided that the law was a valid exercise of Congress's enforcement power under the Equal Protection Clause of the Fourteenth Amendment, because it was aimed at remedying state-sponsored discrimination, despite an earlier court finding that a literacy test was not in and of itself a violation of the 14th Amendment.
The Fifth Amendment has an explicit requirement that the federal government does not deprive individuals of "life, liberty, or property", without due process of the law. It also contains an implicit guarantee that the Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. In ...
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 ...
Today, the Supreme Court provides special protection for three types of rights under substantive due process in the Fourteenth Amendment – an approach which originated in United States v. Carolene Products Co., 304 U.S. 144 (1938), footnote 4: Rights enumerated in and derived from the first eight amendments to the Constitution
The theory is based on a clause in the 14th Amendment that reads “the validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and ...