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Complete 7 pages APA formatted article: The Due Process and Equal Protection Clauses.
Complete 7 pages APA formatted article: The Due Process and Equal Protection Clauses. The amendment had been instrumental in deciding the outcomes of such landmark cases as Brown v Board of Education and Roe v Wade (Daniel, p.15).
Section 1 of the fourteenth Amendment is a guarantee of citizenship for those who are either born or naturalized in the United States, ensuring that they enjoy rights to life, liberty, and property. It also guarantees all such citizens equal protection of the laws. At the time of drafting this piece of legislation, the minority group of reference is African Americans, who were erstwhile held as slaves. But the pattern of immigrants to America in subsequent decades saw a large number of Asians assimilating themselves into American society. As the complexion of the American demography evolved with time so to the significance and interpretation of the fourteenth amendment. Section 1 states it in no ambiguous terms that children born on the soil of the United States automatically qualify as citizens (unless it is a case of rare exception). This guarantee of citizenship whose legal term is “jus soli” or “right of the territory” is quite advanced for its time. Such privileges did not exist in continental Europe and the rest of the world. So in this aspect, the provisions of the fourteenth amendment are quite revolutionary in their nature and the Congress of the late 1860s deserves much credit for its foresight (Williams, p.14).
During the decades before the enactment of this important amendment, it was generally accepted in judicial circles that the Bill of Rights was inadequate in certain respects. The Bill of Rights was framed in such a way as to act as a limiting force at the federal level only while giving the state's freedom to interpret and alter this broad framework as suited to their regional context. Having said this, the states made very little changes to their constitutions. This is a testimony to the soundness and universality of some of the .legislatures in early American history. . That includes the Fourteenth amendment too.