Tenets Of The 14th Amendment Essay

The U.S. Constitution created and adopted in 1787 serves as a set of guidelines that the government must follow in upholding law and order in the country. Over the years, numerous modifications, in the form of Amendments, have been incorporated into the Constitution to reflect the dynamic and fluid social, economic and cultural shifts as these have evolved. The 14th Amendment out of the total of twenty seven so far, outlines the fundamental rights associated with the status and definition of citizenship within the country, conferring on all people, born or living in the United States the undeniable standing of ‘citizens’ with the right to be treated equally under the law. ( LaMance, Ken; 2015)
This Amendment, ratified in 1868 is part of the
For example, the 14th Amendment specifies US citizenship to be based on birthright rather than on the “right of blood”: in other words citizenship is dependent on being born in the US rather than who or what nationality their parents are. This basis of U.S. citizenship, owing to being born in the country was confirmed by the U.S. Supreme Court in 1898 in a ruling made in the case of Wong Kim Ark, who was born in the United States to non- citizen Chinese parents. The court decided that he was a U.S. citizen even though his parents were Chinese by birth. This clause then throws up important considerations especially with regards to the rights of disloyal or militant immigrant descendant citizens simply because they have been born in the country. A classic example is the 2004 case heard by the SC involving Yaser Hamdi who was born in the US, raised in Saudi Arabia and then later captured in Afghanistan with ostensible Taliban links. The SC could not deny him “due process” because by birth right he was a US citizen and demolished this judicial brick wall by striking a deal with Hamdi who in return for his release, relinquished his U.S. citizenship and undertook to live permanently in Saudi
In 1873, the infamous Slaughter House case series undermined the privileges or immunities clause rights guaranteed under the Fourteenth Amendment from being extended to rights under State law. Similarly, in the 1896 court case of Plessy v. Ferguson, the Supreme Court verdict that the States would be able to maintain exclusive and distinct facilities for both blacks and whites giving birth to the phrase "separate but equal" and federal approval to Jim Crow laws. However, in 1954, about half a century later, the Plessy decision was reversed with the famous trial of Brown v. Board of Education, which helped to ultimately dismantle governmental segregation declaring that it was high – handed and undemocratic clearly indicating the need for judges to be mindful of complying with sentencing guidelines. Dr. Damerow, Harold,