Monday, January 6, 2014

Amendment XIV


Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Plain English

Amendment XIV is divided into 5 sections. Section 1 states that everyone born in United States or naturalized are citizens of the United States. States cannot enforce laws that abridge the rights and privileges of a citizen. Section 2: the number of representative for each state is proportional to the population. If a male is over 21 but cannot vote, he is not counted with the population. Section 3: someone who committed a crime or was an enemy of united states cannot be elected as a government official unless 2/3 of each house in congress vote to remove this restrain. Section 4: Public debt of the U.S, including those that went towards suppressing insurrection or rebellion is valid. Neither the U.S. nor the States should assume debt or pay debt that went towards supporting insurrection or rebellion against the U.S. or towards the loss/emancipation of any slave; such debts are illegal and shall be void. Section 5: congress has to the right to enforce amendment XIV.


Historical Background




Amendment XIV was part of the Reconstruction Amendments that was proposed after the Civil War. It was passed by Congress in June 1866. Its goal was to grant freed blacks citizenship. Due to the existing tension between the North and the South after the war, the South was reluctant in ratifying the amendment. At the time the battle was between Andrew Johnson who favored the South, and the Radical Republicans in the North. When all but one of the southern states ratified the amendment, the Radical Republicans took action and imposed the Reconstruction Act of 1867. The act forces the southern states to ratify the amendment or else they wouldn’t be readmitted to the country. 


Effects On The U.S.


Personal Opinion/Effects On Us

[Mastermansocsci35]
 I think that all citizens of United States will agree with the first section of this amendment. It protects our rights as citizens. In the past, while doing moot court, I noticed that a lot of the cases can be argued and were argued with section 1 of this amendment. I do think that though the amendment is good, it is too broad, which is why it applies to many cases. 
I also don’t agree with section 3. I don’t think that congress can remove the restraint that easily. If it was felony against the country then I don’t think I can trust a government official like that. 
[Mastermansocsci37]
To be honest, the sections of this amendment standing alone is a bit outdated, especially since sections deal with slavery/emancipation and insurrections/rebellions that do not affect us today. However the first section affects every single person in the U.S. I was born in the U.S. so I am thankful that this fact makes me an automatic citizen. Likewise I am also thankful that my parents, who are immigrants, are able to become naturalized citizens. My mom took her test recently, actually. I helped her study for it. It's funny she waited 30 years to do it though. My dad was even allowed to be her translator during the test. Most of my family are naturalized citizens and so I am very grateful.




Media

  

1 comment:

  1. The 14th Amendment is often used to contest Affirmative Action policies. Do you think this aligns with the intent of the amendment?

    ReplyDelete

Please leave us a comment! Keep it factual, keep it constitutional, keep it friendly!