Amendment 14
Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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. 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. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation of rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be Senator or Representative in Congress, or elect of President or Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each house, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States not any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
(X)
What does this mean?
Well, let's take it into parts.
Section 1:
What does naturalized mean?
Do Naturalized Citizens have the same rights as natural-born United States citizens?
To learn more about the historical context: Privileges or Immunities
_____
Interesting to read how this was the beginning of the end of Segregation in Schools:
The Supreme Court. Expanding Civil Rights. Landmark Cases. Brown v. Board Education (1954) | PBS
_____
Section 2:
What does 'Indians not taxed' mean?
As stated by the Legal Genealogist:
If an Indian is on a reservation, without an allotment of land, or roaming over unsettled territory.
What makes an Indian taxed?
If they live among other people & have their own land (home) and pay taxes - this made them American Citizens.
I'd also like to point out:
On 2 June 1924 it became law that all non-citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United Staes.
What do I mean by limitations?
Also *spoiler alert*- Age limit was reduced to 18 in the 26th Amendment!
Section 3:
All persons born or naturalized in the United States
This means that all people born in the United States or naturalized -
If a person comes to the United States as an Immigrant, is over 18 years old, and lived in the United States for 5 years they can fill an application to become a naturalized citizen. (X)
Yes - but they are not allowed to run for President / Vice President.
_____
and subject to the jurisdiction thereof
This means that a person does not have any allegiance to another country - only to America.
are citizens of the United States and of the State wherein they reside.
To complete the whole sentence now - Anyone born in the United States or naturalized, and pledging allegiance only to the United States is a citizen of the United States.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
This means the State cannot make laws that essentially run-over the rights of Citizens.
This pertained to ensuring that all citizens were equal & that the laws applied to all citizens - regardless of skin color.
Prior to this Amendment- African Americans were not considered citizens.
_____To learn more about the historical context: Privileges or Immunities
_____
nor shall any State deprive any person of life, liberty, or property, without due process of law
Due Process was also mentioned in the Fifth Amendment in more detail.
This means that a State cannot take away a person life, liberty, or property without following procedures/steps required.
Basically you can't skip all the steps and jump to a conclusion that you want - the person in question must be given a fair procedure.
Also mentioned in findUSlaw:
Due process protection requires hat employees have a fair procedural process before they are terminated if the termination is related to a "liberty." like the right o free speech, or a property interest.
As I mentioned above - in the Fifth Amendment Due Process Clause it is mentioned in detail and means the same as mentioned in this Amendment.
The reason I bolded procedural process is because it is detailed in the Fifth Amendment as well.
The reason I bolded procedural process is because it is detailed in the Fifth Amendment as well.
nor deny to any person within its jurisdiction the equal protection of the laws.
This means that the State cannot deny a person equal protection of the law.
Basically - this line (referred to as the Equal Protection Clause) ensures fair treatment of all citizens. At the time, this was angled more towards newly freed slaves after slavery was deemed illegal via the 13th Amendment.
Basically - this line (referred to as the Equal Protection Clause) ensures fair treatment of all citizens. At the time, this was angled more towards newly freed slaves after slavery was deemed illegal via the 13th Amendment.
The purpose of this line was to ensure that States treated Whites & newly freed slaves the same with regards to Citizenship rights.
_____
Also, mentioned in findUSlaw:
Equal Protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex.
Interesting to read how this was the beginning of the end of Segregation in Schools:
The Supreme Court. Expanding Civil Rights. Landmark Cases. Brown v. Board Education (1954) | PBS
_____
Section 2:
Representatives shall be apportioned among the several States according to their respective numbers counting the whole number of persons in each State,
This means that the amount of Representatives in Congress depends on the population of the State. Also mentioned in - 12th Amendment.
excluding Indians not taxed
This part excluded Indians from being counted as part of the population when determining representatives of the State.
As stated by the Legal Genealogist:
If an Indian is on a reservation, without an allotment of land, or roaming over unsettled territory.
If they live among other people & have their own land (home) and pay taxes - this made them American Citizens.
I'd also like to point out:
On 2 June 1924 it became law that all non-citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United Staes.
But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States,
This seems like a large chunk however simply put -
It means that if a State does not allow some males who can vote for President, Vice President, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislation who are 21 years old or older...
[O]r in any way abridged, except for participation of rebellion, or other crime
This seems like a large chunk however simply put -
It means that if a State does not allow some males who can vote for President, Vice President, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislation who are 21 years old or older...
[O]r in any way abridged, except for participation of rebellion, or other crime
or if there are more limitations on 21 -year old males - except for those who rebelled against the government or committed a crime..
the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
This means that the amount of Representatives in Congress for that State would be lowered.
SPEEDY TRANSLATION: If there are limitations placed on males who are 21 or older (age able to vote) - the Representatives for that State will be lowered in Congress.
Well during this time Salves were not considered to be full people - only 3/5th of a person. With Slavery abolished in Amendment 13 - this amendment basically squashed the whole 3/5th of a person and ensured that former slaves were to be considered whole people. And so if males are 21 years or older, regardless of race, they have a right to vote. If the State did not allow all males 21 and older to vote then the number of Representatives in Congress would be decreased.
Section 3:
No person shall be Senator or Representative in Congress, or elect of President or Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.
I can already see you reeling back like HOLD UP WHAT HAPPENED TO THE LINE BY LINE WHAT IS THIS PARAGRAPH
Well, that's because this whole chunk means:
No person is allowed to be a Senator, Representative in Congress, elect a President or Vice President, hold any office in the United States- BASICALLY:
No person is allowed to hold any US Office or vote for President or Vice President if the person was involved in a rebellion against the nation.
Now, what's this whole rebellion against the nation about during this time period?
This was aimed after the Civil War towards the Confederate States (Southern States) who fought against the Union (The North). This section specifies that no person part of the Confederacy ( the ones who fought against the North) could hold State or Federal Offices.
Also it does not allow people who have given aid to the Nation's enemies to hold office.
SPEEDY TRANSLATION OF THIS PART OF THE SECTION: The South was in the North's playground which meant they followed the North's rules. Fought against the North? Say goodbye to the idea of you ever holding any type of office.
But Congress may by a vote of two-thirds of each house, remove such disability.
And say hello to the tiny possibility of people -who fought against the Union & gave aid to enemies of the Nation -holding office.
If 2/3rd of the Senate and 2/3rd of the House of Representatives vote for a person to take office even though they did the above (aiding an enemy & fighting a rebellion against the nation) then they are allowed to occupy the State / Federal Office.
Section 4:
The validity of the public debt of the United States, authorized by law
This means that the United States would pay all debts that were authorized by law
This means that the United States would pay all debts that were authorized by law
What does authorized by law mean?
At the time this Amendment was created - it was angled more towards the Civil War. It indicated that all money taken by the Government (The Union) to support themselves against the South would be paid back.
As said by President Lincoln:
"[The Civil War] has produced a national debt and taxation unprecedented, at least in this country."
_____
To read more about the debt:
Also - if you're wondering who made up the Union Army:
If you'd like to learn more about the Economy of the South & North:
_____
It essentially means that all government bonds and others authorized by Congress will be paid.
including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
This means that the Government will pay regular payments and reward those who served in the Union Army against the rebellion [The Confederacy aka The South] - This is not to be disputed it will happen no if's this that or anything like that.
_____
If you're wondering about regular payments paid to those who served in the Union Army, there is one person who is the daughter of someone who fought in the Union Army that is paid regularly.
_____
But neither the United States not any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States
This means that the United States as a whole - including State's as a stand alone - will not be held accountable to pay any debt that is amounted due to fighting from a Rebellion against the U.S.
SPEEDY TRANSLATION [TO PUT IN HISTORICAL CONTEXT]: Oh so the South has debt? That's cute - the North is not paying for it & neither are the individual States.
or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
This means that the U.S. will not pay for the Slave Owners who claimed they were at a loss (and should be paid) due to the 13th Amendment making slavery illegal.
SPEEDY TRANSLATION [TO PUT IN HISTORICAL CONTEXT]: Oh so the South has debt? That's cute - the North is not paying for it & neither are the individual States.
or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
This means that the U.S. will not pay for the Slave Owners who claimed they were at a loss (and should be paid) due to the 13th Amendment making slavery illegal.
Section 5:
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article
As mentioned in the previous Amendment - this basically mean Congress will be able to make laws enforcing this Amendment.
Example:
With regards to the Equal Protection of Laws (Section 1)
The Civil Rights Act of 1964 ended all state and local laws requiring segregation.
_____
To summarize:
Section 1
‣ Any person born on American Soil or naturalized is an American Citizen.
‣ Due process - meant that States could not pass unfair laws.
‣ No State can take away the privileges given to an American Citizen.
‣ Equal Protection of Laws - means that States could not discriminate against a specific group of people.
Section 2
‣ Representatives in Congress depends on the population of the State.
‣ If States denied some males who were 21 their right to vote then that State would be given less representatives in Congress.
Section 3
‣ No person can hold a U.S. office or vote if they were involved in a rebellion against the nation or in aiding an enemy of the nation.
(This was aimed towards the South - the North did not want the South to hold any office.)
‣ Unless 2/3 of Senate and House of Representatives vote to allow said person to hold office.
Section 4
‣ The debt of the government in order to protect the nation would be paid.
In what ways has President Trump & his Administration done something that pertains to this Amendment:
As mentioned by the Boston Globe - the Amendment does not say 'American Citizen' but is directed towards 'Any Person' - which means it applied to those who do not have full rights as Americans.
Once they have entered the country - the law of the land: Due Process & Equal Protection of the Laws must be followed.
Is there an Amendment you would like to more of?
CLICK HERE
to be taken to a list & choose which one you would like to learn more about.
This is a series that is ongoing - Each Wednesday [ #WednesdayAmendment] there will be an Amendment Explanation paired with what Trump & his administration have done that pertains to the Amendment discussed.
‣ Any person born on American Soil or naturalized is an American Citizen.
‣ Due process - meant that States could not pass unfair laws.
‣ No State can take away the privileges given to an American Citizen.
‣ Equal Protection of Laws - means that States could not discriminate against a specific group of people.
Section 2
‣ Representatives in Congress depends on the population of the State.
‣ If States denied some males who were 21 their right to vote then that State would be given less representatives in Congress.
Section 3
‣ No person can hold a U.S. office or vote if they were involved in a rebellion against the nation or in aiding an enemy of the nation.
(This was aimed towards the South - the North did not want the South to hold any office.)
‣ Unless 2/3 of Senate and House of Representatives vote to allow said person to hold office.
Section 4
‣ The debt of the government in order to protect the nation would be paid.
‣ The government will not be held accountable to pay any debt that is amounted due to fighting from a Rebellion against the U.S.
Section 5
‣ Congress will be able to make laws enforcing this Amendment.
_____
_____
This is an updated version of the Muslim Ban signed on March 6, 2017 which barres people from 6 predominantly Muslim countries: Iran, Libya, Somalia, Syria, Sudan, Yemen.
How does this pertain to this Amendment?
As also referenced in the 5th Amendment - this is a violation of the Due Process Clause.
Many refugees and people who had visas were detained without being allowed access to a lawyer.
As stated by this Amendment:
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.
Once they have entered the country - the law of the land: Due Process & Equal Protection of the Laws must be followed.
- If needed this will be updated from time to time.
_____
CLICK HERE
to be taken to a list & choose which one you would like to learn more about.
This is a series that is ongoing - Each Wednesday [ #WednesdayAmendment] there will be an Amendment Explanation paired with what Trump & his administration have done that pertains to the Amendment discussed.
0 comments:
Post a Comment