The 14th amendment was adopted on July 9, , which is one year after the civil war ended. The purpose of the civil war was to end slavery and at the end of the war when the slaves were free, Congress implemented an amendment that helped the African American slaves become citizens of the united states Essay On 14th Amendment Words | 3 Pages. The 14th Amendment is one of the most influential Amendments in the history of our nation. The amendment defines what it means to be a US citizen and protects certain rights of the people. There are three important “clauses” in the 14th amendment, each of which are still important today The purpose of the Fourteenth Amendment was to make citizenship of black individuals permanent and secure. The amendment did not entirely universalize citizenship, for it left out the right to vote. Therefore, there was the need for the Fifteenth Amendment, giving the right to vote to former slaves (African-Americans) and the Nineteenth Amendments, granting the right to vote women/5
Free Essay On The 14th Amendment To The Constitution | WOW Essays
In practice, equal protection is not executed perfectly, but it 14th amendment essay remain an ideal to which each section of the criminal justice system can and usually does aspire. In the criminal justice system, all defendants are entitled to an attorney, which is why a public defender is appointed to those who cannot afford an attorney of their choice. Theoretically, a public defender could offer the same caliber of legal representation as a big shot lawyer, 14th amendment essay, but rarely is this actually the case.
If a defendant does believe that he or she was misrepresented, then there are avenues for protest but it may be extremely difficult for an indigent individual to receive the exact parallel of legal representation as a wealthy person would.
A defendant who loses…. References "Annotation Fourteenth Amendment," n, 14th amendment essay. html Barker, E. Affirmative action Supreme Court hearing. Confessions and Interrogations The 14th amendment essay Amendment to the United States Constitution guarantees, under its "due process" clause, protection from the use of involuntary confessions. A confession is considered to be involuntary if the confession was not obtained from a rational intellect 14th amendment essay a free will.
This definition includes a prohibition on confessions that are physically coerced such as torturebut also against psychological ploys that are deemed to be coercive. In fact, coercion by the police is the necessary factor in determining whether or not a confession is involuntary. This means that the circumstances of the confession are the main issue, and if they are found to be coercive, 14th amendment essay, then the confession is not admissible.
Works Cited "Confessions. Web 26 Nov. htm Salzburg, Steven. Fourth Amendment to the Constitution covers the protection of the individual from unlawful searches and seizures when in the privacy of their own home.
Because of the Fourth Amendment, law enforcement officers are required to secure an official court order or warrant to search the premises, and that warrant must be based on probable cause.
Although the Fourth Amendment does protect against the intrusion onto private property, there are several exceptions to the Fourth Amendment in which law enforcement is given leeway and greater degrees of power over the individual. Courts have also ruled increasingly in favor of the rights of law enforcement officers to infringe upon Fourth Amendment rights in specific situations, as with "stop and frisk" scenarios in which probable cause can be loosely defined and based on subjective police impressions of suspicious behavior "Valid Searches and Seizures Without Warrants," n.
Another exception to Fourth Amendment rights relates…. References Cornell University Legal Information Institute n. Fourth Amendment. html "Personal Autonomy," n. Constitution were the 13th, 14th amendment essay, 14th and 15th Amendments ratified inwhich abolished slavery and granted equal citizenship and voting rights to blacks for the first time in U. All of these passed Congress as compromise measures between the Radical and moderate Republican factions in Congress, and were resisted intensely by Democrats in the North and South as violations 14th amendment essay the rights of states and a tyrannical exercise of power by the central government.
Then as now, of course, these were often code words for the fact that many whites simply did not favor black equality and voting rights. In the South, the Ku Klux Klan used violence and terror to prevent these amendments from being fully implemented, and after14th amendment essay, they succeeded in making them dead letters -- rights that existed only on paper but never enforced in reality, 14th amendment essay.
So it remained until the civil rights revolution of…. The 14th also lays down the rules as to how the U. Congress is made up, it points out that no one can be elected to national office if they have been found guilty of treason. The 14th also deals with the legal rights of slaves after the Civil ar; those "being 21 14th amendment essay of age, and citizens of the United States," and male, whall not have their right to vote "abridged, except for participation in rebellion, or other crime…" And, 14th amendment essay, importantly, the 14th Amendment third article states that "No state shall infringe the right of trial by jury in criminal cases, nor the rights of conscience, nor the freedom of speech, or of the press.
orks Cited Abortion Law Homepage. Retrieved 25 Feb. Works Cited Abortion Law Homepage. Fourteenth Amendment: Section 1. Rights Guaranteed: Citizens of the United States. Retrieved 24 Feb. html 1. In the Crown Heights riots in Brooklyn, New York, Lemrick Nelson was on trial for violation of federal civil rights laws he allegedly killed a Jewish student. The district court judge, Judge Trager, using "nontraditional" methods, attempted to create diversity on the jury by using ethnic criteria blacks and Jews in an attempt to reflect the actual ethnic makeup of Brooklyn ilkenfeld, The Second Circuit Court, however, "struck down" judge Trager's construction of an ethnically reflective jury; the Second Circuit held that Trager's court "violated the Equal Protection Clause.
potential jurors' Fourteenth Amendment rights to be free from racially discriminatory state action preclude treating individual jurors differently based on a desire to maintain a certain aggregate jury composition" ilkenfeld,according to an account in the Columbia Law Review.
Works Cited Bressman, Jeremy. Boren and Brennan's 'Heightened Scrutiny' Test in Historical Perspective. Philip M. Klutznick, Secretary of Commerce of the United States, et al. Fourth Amendment It is a traditional belief in America that a man's home is his castle, 14th amendment essay, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain.
In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; 14th amendment essay a warrant could not be issued without due cause, 14th amendment essay.
Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions 14th amendment essay this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial.
This is the situation…. References "Fourth Amendment: Search and Seizure, 14th amendment essay. Government Printing Office. pdf Georgia v. Randolph, G. Equal Protection Clause of 14th Amendment The equal protection clause of the Fourteenth Amendment extended to protections of the Bill of ights to all Americans, including pregnant women.
Therefore, it is fundamentally unconstitutional under the equal protection clause of the Fourteenth Amendment to criminalize pregnant women who take illegal drugs for fetal abuse or neglect without applying the same conditions on pregnant women who endanger their unborn child by drinking alcohol, smoking, or otherwise failing to provide the best possible nurturing environment for the fetus.
This paper reviews the relevant peer-reviewed and scholarly literature together with the precedential case law concerning these issues to support this view, followed by a summary of the research and important findings in the conclusion. eview and Analysis A growing body of research concerning fetal development together with innovations in modern healthcare technologies have provided researchers with new insights about what can harm or nurture….
References Blank, R. Mother and fetus: Changing notions of maternal responsibility. New York: Greenwood Press. Flavin, J. Our bodies, our crimes: The policing of women's reproduction 14th amendment essay America. New York: New York University Press. Outside of court, this takes place by way of affidavits and depositions Sanders, The Amendment's final part assures the accused person the right to aid of counsel.
Legal representation was once a benefit only accessible 14th amendment essay the rich. The poor were frequently left to their own devices in English courts. While defendants in America can decide to represent themselves, the right to counsel gives one the right to gratis legal help.
In criminal trials, 14th amendment essay defendants are given legal counsel. Nationwide, community legal services, legal aid societies and other factions help the poor deal with civil issues. No matter how well the founding fathers' accomplished on their plan, 14th amendment essay, our judicial system is not ideal.
It is well-known that injustices and frustrations are daily legal incidences. Even so, the framers made enormous progress for daily citizens through the 6th Amendment to make sure American courts truly are the people's courts…. References Sixth Amendment, 14th amendment essay. htm Sanders, Monica. The People's Court: Understanding the 6th Amendment. Jehovah's Witnesses are a good example of a religious entity that claims the right the First Amendment freedom of religion clauses.
Jehovah's Witnesses may act as a thorn in many families across America, however, they have been the root cause of much of our freedom of religion laws. Jehovah's Witnesses brought many cases of religion to the court system in the s and s. Before then, the court system 14th amendment essay very few court cases regarding freedom of speech and freedom of religion.
These cases formed the foundation of the First Amendment protection of all citizens. The Court has attempted to create and implement a system for determining church and state decisions. This is accomplished with a three-part test for laws dealing with religious establishment.
The determination if the law is constitutional is this: does it have a secular purpose? It should not advance or 14th amendment essay religion. Finally, it cannot foster…. First Amendment, the Constitution, and the Supreme Court Freedom of 14th amendment essay from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech, 14th amendment essay.
However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time.
Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein, 14th amendment essay. The First Amendment to the Constitution is partially designed to protect journalists and news-content…, 14th amendment essay.
References Abrams, F. Speaking Freely: Trials of the First Amendment.
The 14th Amendment Explained: US Government Review
, time: 7:34Mar 26, · 14th Amendment the Fourteenth Amendment of the. Words: Length: 2 Pages Document Type: Essay Paper #: Read Full Paper. 14th Amendment. The Fourteenth Amendment of the Constitution provides equal protection for all citizens in all manners of the law, at least in theory Jun 08, · Section one is to make former slaves citizens. The 14th amendment states, “All persons born or naturalized in the United States are citizens of the United States and of the state wherein they reside. Nor shall any state deprive any person of liberty or property without due process of law”. However, since the 14th The Fourteenth Amendment Essay Words4 Pages On a date that will be remembered forever as a step forward for our nation, July 28, , the Fourteenth Amendment became part of the U.S. Constitution. The Fourteenth Amendment gave a new sense of hope and inspiration to a once oppressed people
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