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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.
These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court of the United States as protecting a general right to privacy within family, marriage, motherhood, procreation, and child rearing. [2] [3]
Right to privacy. The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. [1][failed verification][2] Over 185 national constitutions mention the right to privacy. [3] On December 10, 1948, the United Nations General Assembly adopted the ...
The Fourteenth amendment was ratified by nervous Republicans in response to the rise of Black Codes. [14] 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. [15]
The First Amendment states the government cannot violate the individual's right to " freedom of speech, or of the press". [3] In the past, this amendment primarily served as a legal justification for infringement on an individual's right to privacy; as a result, the government was unable to clearly outline a protective scope of the right to speech versus the right to privacy.
Connecticut (1965), the Warren Court affirmed a constitutionally protected right of privacy, emanating from the Due Process Clause of the Fourteenth Amendment, also known as substantive due process. [37] This ruling was critical even after Warren's retirement (and Fortas' untimely departure as well) for the outcome of the Roe v.
The Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision which ruled that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that are associated with federal U.S. citizenship, not those that pertain to state citizenship.
United States v. Guest, 383 U.S. 745 (1966), was a landmark decision of the US Supreme Court authored by Justice Potter Stewart, in which the court extended the protection of the 14th Amendment to citizens who suffer rights deprivations at the hands of private conspiracies, where there is minimal state participation in the conspiracy.