Intro to Law and Legal Process

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14th Amendment

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Intro to Law and Legal Process

Definition

The 14th Amendment to the United States Constitution, ratified in 1868, grants citizenship to all persons born or naturalized in the U.S. and ensures equal protection under the law. This amendment played a crucial role in defining citizenship and civil rights, especially for formerly enslaved individuals, while establishing a framework for federalism by limiting state power in relation to individual rights.

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5 Must Know Facts For Your Next Test

  1. The 14th Amendment was adopted in the aftermath of the Civil War, primarily aimed at securing rights for newly freed slaves.
  2. It has been a significant basis for landmark Supreme Court decisions regarding civil rights, such as Brown v. Board of Education and Roe v. Wade.
  3. The amendment includes provisions that address apportionment of representatives and prohibits former Confederates from holding office.
  4. It has been interpreted to apply not only to state laws but also to federal laws through the Incorporation Doctrine.
  5. The amendment's Equal Protection Clause has become a vital tool for challenging discrimination and ensuring civil rights across various contexts.

Review Questions

  • How does the 14th Amendment influence the balance of power between state and federal governments regarding individual rights?
    • The 14th Amendment significantly influences the balance of power by limiting what states can do in terms of individual rights. It ensures that states cannot enact laws that violate citizens' rights to due process or equal protection under the law. This creates a framework where the federal government can intervene when state laws infringe upon these rights, thereby reinforcing federal authority over state legislation concerning civil liberties.
  • Discuss how the Equal Protection Clause of the 14th Amendment has been utilized in legal cases related to civil rights.
    • The Equal Protection Clause has been pivotal in numerous legal cases aimed at dismantling discriminatory practices. Landmark cases like Brown v. Board of Education challenged racial segregation in schools, arguing that it violated the clause by denying African American children equal educational opportunities. This clause continues to serve as a foundation for various civil rights movements, addressing issues ranging from gender equality to LGBTQ+ rights, showcasing its lasting impact on American law and society.
  • Evaluate the impact of the Incorporation Doctrine on state laws in relation to the protections offered by the Bill of Rights through the 14th Amendment.
    • The Incorporation Doctrine has profoundly affected state laws by extending protections from the Bill of Rights to apply at the state level via the 14th Amendment's Due Process Clause. This means that states cannot infringe upon fundamental rights, such as freedom of speech or religion, that were originally only applicable to federal actions. The evolution of this doctrine reflects ongoing interpretations of constitutional protections, ensuring that individual rights are upheld across all levels of government and preventing states from undermining those protections.
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