What cases are protected by the 14th Amendment?

Asked by: Vivien Lueilwitz  |  Last update: October 3, 2023
Score: 5/5 (9 votes)

The most commonly used -- and frequently litigated -- phrase in the amendment is "equal protection of the laws", which figures prominently in a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed ...

Who is protected by the 14th Amendment?

Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...

What does the 14th Amendment protect against?

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.

What is an example of a violation of the 14th Amendment?

A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The clause is not intended to provide equality among individuals or classes but only equal application of the law.

Are there any major Court cases concerning the 14th Amendment?

Richard and Mildred Loving, 1967. Another fundamental right protected by the 14th Amendment, the Supreme Court Justices soon declared, was the right to marry whomever you wanted, regardless of their race.

The 14th Amendment: Understanding its crucial legal impact

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What does the 14th Amendment do for dummies?

The Fourteenth Amendment to the Constitution of the United States granted citizenship and equal civil and legal rights to anyone born in the United States or who became a citizen of the country. This included African Americans and slaves who had been freed after the American Civil War.

What are the 3 main clauses of the 14th Amendment?

The amendment's first section includes several clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.

What is an example of a due process violation?

Q: What is a violation of due process? A: A violation of due process is anything that includes depriving a person of “life, liberty, or property, without due process of law." An example of such a violation would be law enforcement searching an individual's property without a warrant.

What are the 4 main points of the 14th Amendment?

14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt | Constitution Center.

Does the 14th Amendment protect individual rights?

Among them was the Fourteenth Amendment, which prohibits the states from depriving “any person of life, liberty, or property, without due process of law.” When it was adopted, the Clause was understood to mean that the government could deprive a person of rights only according to law applied by a court.

Does the 14th Amendment apply to private citizens?

—The Fourteenth Amendment, by its terms, limits discrimination only by governmental entities, not by private parties. As the Court has noted, “the action inhibited by the first section of the Fourteenth Amendment is only such action as may fairly be said to be that of the States.

Why is the 14th Amendment controversial?

This is because, for the first time, the proposed Amendment added the word "male" into the US Constitution. Section 2, which dealt explicitly with voting rights, used the term "male." And women's rights advocates, especially those who were promoting woman suffrage or the granting of the vote to women, were outraged.

Is the 14th Amendment used today?

For 150 years, the Supreme Court has applied the 14th Amendment in rulings that have shaped civil rights and liberties in America.

When was the last time the 14th Amendment was used?

Congress last used Section 3 of the Fourteenth Amendment in 1919 to refuse to seat a socialist Congressman accused of having given aid and comfort to Germany during the First World War, irrespective of the Amnesty Act.

What court case was overturned by the 14th Amendment?

The Dred Scott decision was overturned by the 13th and 14th Amendments to the Constitution.

What are 3 examples of due process rights?

The Fourth Amendment right against unlawful search and seizure, the right to a trial by jury, the right to an attorney, and freedom from self-incrimination are all examples of provisions central to procedural due process.

What are some famous cases regarding due process?

Due Process Supreme Court Cases
  • Dobbs v. Jackson Women's Health Organization (2022) ...
  • Kahler v. Kansas (2020) ...
  • Timbs v. Indiana (2019) ...
  • Obergefell v. Hodges (2015) ...
  • Lawrence v. Texas (2003) ...
  • Chicago v. Morales (1999) ...
  • Washington v. Glucksberg (1997) ...
  • Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

What are 3 examples of due process of law?

In numerous cases, for example, due process was used to defend the following rights that they be incorporated into every state in the United States: the right to an impartial jury, free expression of religion, and freedom of the press.

What does Section 5 of the 14th Amendment mean?

Section Five of the Fourteenth Amendment vests Congress with the authority to adopt “appropriate” legislation to enforce the other parts of the Amendment—most notably, the provisions of Section One.

What are the two major clauses of the 14th Amendment?

The Due Process Clause declared that states may not deny any person "life, liberty or property, without due process of law." The Equal Protection Clause said that a state may not deny to any person within its jurisdiction the equal protection of the laws.

What is the 14th Amendment autonomy?

The Fourteenth Amendment's guarantee against state deprivation of liberty, including a right to privacy and to control one's body, must remain a core pillar of reproductive autonomy.

Why is the 14th Amendment so important today?

Rather, the amendment reinvented freedom. It established birthright citizenship, required 'due process' and 'equal protection' of the law for everyone, and put the federal government in the business of policing liberty.

Why is the 14th Amendment important now?

The principle that everyone born in this country is a United States citizen is one of the sacred building blocks of our democracy. Enshrined in the 14th Amendment to the United States Constitution, it reflects America's fundamental commitment to fairness.

What does Section 2 of the 14th Amendment mean?

Section 2 Apportionment of Representation

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.