The 14th Modification to the US Structure is likely one of the most essential and consequential amendments in American historical past. It was ratified in 1868, in the course of the Reconstruction Period following the Civil Struggle, and it has since been interpreted to ensure a variety of civil rights and liberties to all Individuals.
The 14th Modification has three predominant sections, or clauses. The primary clause addresses citizenship, stating that “All individuals born or naturalized in the US, and topic to the jurisdiction thereof, are residents of the US and of the State whereby they reside.” This clause overturned the Supreme Court docket’s determination within the Dred Scott case (1857), which had held that African Individuals couldn’t be residents of the US.
The second clause of the 14th Modification ensures that every one residents have “equal safety of the legal guidelines.” This clause has been interpreted to ban discrimination on the premise of race, gender, faith, and different elements. It has additionally been used to strike down legal guidelines that discriminate towards sure teams of individuals, equivalent to legal guidelines that prohibit interracial marriage or same-sex marriage.
what did the 14th modification do
The 14th Modification to the US Structure:
- Granted citizenship to all individuals born within the US
- Assured equal safety of the legal guidelines
- Prohibited discrimination on the premise of race
- Overturned Dred Scott determination
- Established due course of and equal safety clauses
- Protected civil rights and liberties
- Expanded federal authorities’s energy
- Laid basis for civil rights motion
The 14th Modification has been interpreted to guard a variety of rights, together with the correct to vote, the correct to marry, and the correct to privateness. It has additionally been used to strike down legal guidelines that discriminate towards sure teams of individuals, equivalent to legal guidelines that prohibit interracial marriage or same-sex marriage.
Granted citizenship to all individuals born within the US
The primary clause of the 14th Modification states that “All individuals born or naturalized in the US, and topic to the jurisdiction thereof, are residents of the US and of the State whereby they reside.” This clause overturned the Supreme Court docket’s determination within the Dred Scott case (1857), which had held that African Individuals couldn’t be residents of the US.
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Births within the US grant citizenship
Any particular person born in the US, no matter their dad and mom’ citizenship standing, is a US citizen.
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Topic to US jurisdiction
To be a US citizen by delivery, an individual have to be topic to the jurisdiction of the US. Because of this they have to be born in a US state or territory, or on a US army base or ship.
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Citizenship at delivery
Citizenship is granted at delivery, not at a later date. Because of this an individual doesn’t have to use for citizenship or take every other steps to turn into a citizen.
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Twin citizenship
An individual born within the US will also be a citizen of one other nation if their dad and mom are residents of that nation. That is referred to as twin citizenship.
The 14th Modification’s citizenship clause has been interpreted to incorporate all individuals born in the US, no matter their race, ethnicity, or nationwide origin. This clause has been important in defending the rights of all Individuals, together with African Individuals, who have been beforehand denied citizenship.
Assured equal safety of the legal guidelines
The second clause of the 14th Modification states that “No State shall make or implement any regulation which shall abridge the privileges or immunities of residents of the US; nor shall any State deprive any particular person of life, liberty, or property, with out due means of regulation; nor deny to any particular person inside its jurisdiction the equal safety of the legal guidelines.” This clause has been interpreted to ensure that every one residents are handled equally underneath the regulation.
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Equal therapy underneath the regulation
The Equal Safety Clause prohibits states from discriminating towards any particular person primarily based on race, gender, faith, or different protected traits.
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Due means of regulation
The Due Course of Clause requires that the federal government observe sure procedures earlier than depriving an individual of life, liberty, or property. These procedures embody the correct to a good trial, the correct to an lawyer, and the correct to current proof.
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Privileges and immunities of residents
The Privileges or Immunities Clause protects sure elementary rights which might be important to citizenship, equivalent to the correct to journey, the correct to vote, and the correct to carry public workplace.
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Applies to all individuals
The Equal Safety Clause applies to all individuals, no matter their citizenship standing. Because of this even non-citizens are entitled to equal safety underneath the regulation.
The Equal Safety Clause has been used to strike down legal guidelines that discriminate towards sure teams of individuals, equivalent to legal guidelines that prohibit interracial marriage or same-sex marriage. It has additionally been used to guard the rights of legal defendants, equivalent to the correct to a good trial and the correct to an lawyer.
