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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 primary author of the Privileges or Immunities Clause was Congressman John Bingham of Ohio. The common historical view is that Bingham's primary inspiration, at least for his initial prototype of this Clause, was the Privileges and Immunities Clause in Article Four of the United States Constitution, [1] [2] which provided that "The Citizens of each State shall be entitled to all Privileges ...
The Fourteenth Amendment's citizenship clause was drafted in response to Senator Benjamin Wade's concern that, although the question of citizenship was "settled by the civil rights bill, and, indeed, . . . was settled before," there was a danger that "the Government should fall into the hands of those who are opposed to the views that some of ...
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 ...
What does the 14th Amendment say about citizenship by birth. The 14th Amendment was ratified in 1868 coming out of the Civil War, granting citizenship and rights to formerly enslaved people.
Because the Fourteenth Amendment allows Congress to take "appropriate" action to enforce rights, the Court has determined that such action must be congruent and proportional to the deprivation of the right that the Congress is seeking to remedy. An example of a case where an act of the Congress failed the Boerne test is Kimel v.
Using the 14th Amendment’s Disqualification Clause to prevent former President Donald Trump from running for public office will have resounding consequences, writes David Orentlicher.
For example, some substantive due process liberties may be protectable according to the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. Most originalists believe that rights should be identified and protected by the majority legislatively or, if legislatures lack the power, by constitutional amendments.