Ratification Of The 14th Amendment Essay

Words: 1451

Pages: 6

Open Document

Following the passage and ratification of the 14th Amendment in 1868, the United States courts on state and federal levels were faced with the task of determining the implementation and interpretation of the various rights expressed in the amendment. Most prominent of these interpretations was the constitutionality of protective laws as a result of a second period of mass industrialization in the later half of the 19th century and early 20th century. In conjunction with the laissez faire economics of the period, many efforts to guarantee or expand protections for laborers and women were thwarted by judicial opinions favoring freedom of contract, fundamental rights to liberty and property, and the hesitancy of the court to grant state “policing powers” under the due process and equal protection clauses of the 14th Amendment. After decades of legislative efforts …show more content…
In the Slaughterhouse Cases (1873) the dissenting opinion written by Justice Stephen Field argued that the “privileges and immunities designated...belong to the citizens of all free governments” and that fundamental rights and liberties are protected from government interference (H243). Field’s interpretation of “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens” was to guarantee individual and corporate rights from intrusion of state power (A14.1). While Justice Field was of the dissenting opinion, his interpretation of the 14th Amendment’s due process and equal protection clauses would become the judicial precedent adopted in many majority opinions in the following decades and would hinder many states’ initiatives to pass progressive legislation to improve the workplace and livelihoods of workers and

Birthright Citizenship Debate

The birthright citizenship is a controversial topic that has caused a debate between the people who are in favor of it and those who do not. According to the author Linda Chavez in her essay called “The Case for Birthright Citizenship,” if birthright citizenship ends, it would change what it means to be an American. Likewise, the author and professor of law Ediberto Roman, in his article “The Proposal to Eliminate Birthright Citizenship Is Long on Attacks, Short on Legality,” says that legally eliminating…

Words 662 - Pages 3

Women's Movement In The 70s Essay

It talks about how culture and society are controlled by men. Kate analyzes the treatment of women in art and literature in the book. Sexual Politics were the root of much controversy, it was praised and criticized. In 1970 a bunch of gathered essays by many prominent…

Words 988 - Pages 4

Essay on Concepts for midterm

The behavior of homo sapiens -- human beings tend to pursue their own interests. They behave in ways that promote individual interests, and are motivated by incentives (both positive and negative). This is one of the reasons proposed for the development of governments: groups of individuals all acting in their own interests leads to collective action problems, and governments exist as a solution to those problems. Collective action problem -- this occurs when a group of individuals, each acting…

Words 5510 - Pages 23

Essay on PS 110 Notes

Chapter 1 Politics: Who Gets What, and How? Resources: assets that can be be drawn on by a person or organization in order to function effectively Power: ability to get others to do what you want them to do Politics: “who gets what, when, and how?” Government: a system for exercising control over a body of people Institutions: structures of mechanisms of social order that govern the behavior of a specific set of individuals Ex. schools, hospitals, prisons, religion, marriages Rules: set…

Words 2561 - Pages 11

Essay on E2D3 Annotated Bibliography

Professor J. Littwin ENG 2 11/12/2014 Modification Proposal for the Immigration Policy in the United States: An Annotated Bibliography What endorsements should the United States apply in order to stop illegal immigration? Is a modification of the 14th Amendment necessary in order to prevent misuse of the immigration system, or will the United States loose what it fundamentally represents if that happens? Capps, Randy, and Michael Fix. "Immigration Reform: A Long Road to Citizenship and Insurance Coverage…

Words 1535 - Pages 7

History S Influence On Women1 Essay

women’s rights movement changed society into what we know today. This continues unfold in todays’ society. 1864, the Women’s Suffrage Organization began. This was started to make a statement on behalf of the disagreements over the 13th, 14th, and 15th amendments and the influence it had on women’s rights. This was a cause for a movement for racial equality and the divide of women’s rights. Because of the push it led to the 1872 federal law that granted female employees equal pay for equal work enacted…

Words 1324 - Pages 6

Reconstruction Era Research Paper

Dynasty Allen HIST 3071 October 25,2016 Exam #2 Essay In Louisiana, The Reconstruction Era started in year 1862, before the Civil war ended in 1865. National Reconstruction began in 1865, after the Civil War ended. Reconstruction started as a means of federal intervention and was a system determined to return states to the Union that was proposed and promoted by Presidents Abraham Lincoln, Andrew Johnson, and then Congress. Some of the objectives of the Reconstruction Era were to rebuild the South…

Words 1885 - Pages 8

Constitution: United States Constitution and Eminent Domain Clause Essay

Fifth Amendment “Just compensation” “Eminent Domain” JOSE CONTRERAS John Jay College of Criminal Justice Author Note Introducing Public Administration PAD 700-01 Prof. Terrence Harris ABSTRACT The Constitution of the United States is the supreme law of the United States of America. The Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and ratified by conventions in eleven states. It went into effect on March 4, 1789. When…

Words 4799 - Pages 20

Essay on First Amendment to the United States Constitution and u . s . Supreme Court

Significant historical events, court cases, and ideas that have shaped our current system of constitutional First Amendment jurisprudence: 1215 Abuses by England’s King John cause a revolt by nobles, who compel him to recognize rights for both noblemen and ordinary Englishmen. This document, known as the Magna Carta, establishes the principle that no one, including the king or a lawmaker, is above the law, and establishes a framework for future documents such as the Declaration of Independence…

Words 7937 - Pages 32

APUSH Review Sheet Essay

Rebellion, James Madison, Alexander Hamilton, “I smell a rat” The Virginia Plan, The New Jersey Plan, The Great Compromise, The Three-Fifths Clause, Democracy vs. Republicanism, Checks and Balances (Articles I, II and III of the Constitution), The Ratification Process, Antifederalists, Virginia and New York… Chapter Nine – The New Nation Takes Form (1789 – 1800) Pres. Washington (and his cabinet), Hamilton and shaping of the national government, emergence of political parties: the shaping of national…

Words 1761 - Pages 8