Abstract
This paper discusses the 14th Amendment to the United States Constitution. It discusses how well the amendment has functioned as intended, and how it affects me. It also discusses the background and influence of the amendment.
The fourteenth amendment is one of the most important amendments to the United States constitution, as it addresses the specific rights and protections afforded to citizens. These rights include the right to life, liberty and property, and to equal protection by the law. This amendment also provides a definition of citizenship, and lays out qualifications for citizenship. The citizenship clause, by stating unambiguously that anyone born in the United States or naturalised there is a citizen, and is therefore entitled to the rights stipulated by the rest of the amendment. This clause, because of its specific and unambiguous terms, has meant that individual States do not have the power to deny or withhold citizenship. At the same time, the Civil Rights section of the amendment deals with the protection of the civil rights of individuals against the power of individual states (or federal government), ensuring that state or federal law does not infringe on the civil rights guaranteed by the constitution (Cornell University Law School, 2016, n.p.).
The fourteenth amendment came into being as a response to issues arising in the aftermath of the Civil War and the abolition of slavery, and served to ensure that rights for all citizens were enforced equally and consistently throughout the nation. Particularly, it was intended originally to ensure that ex-slaves were understood to be protected by law and entitled to rights such as citizenship, liberty, and due process. The ratification of this amendment not only changed the nature and process of American law and politics at the time ir was written, but has also continued to have a profound impact in contemporary society (The Library of Congress, 2016, n.p.).
The fourteenth amendment has proven very effective over time at ensuring the protection of marginalised groups. Like any amendment, its enforcement is dependent upon its interpretation in courts of law; however, the specific nature of the clauses, which seek to make the liberties of Americans as unambiguous as possible, mean that it has frequently been interpreted in a manner that does protect rights and liberties in the manner originally intended. Not only did it serve to specifically legalise the rights of former slaves; in modern society, it has been used with equal success to help defend rights such as abortion and same-sex marriage. This continuing relevance in modern civil rights debates and legislation indicates the success of the amendment in providing a check to the power of state and government, and its effectiveness in defending the rights of individuals (Curtis, 1986: pp. 1-17).
The fourteenth amendment affects me in a number of ways. At the most basic level, it provides me with a clear understanding of my own citizenship status and of the inviolability of my civil rights under United States law. More specifically, however, it affects many areas of my life. For example, the citizenship clause ensure that my birth within the United States guarantees me citizenship regardless of my race, beliefs, actions, and so forth. This means that no matter what else happens, this amendment recognises the responsibilities the government holds towards me as a citizen; specifically, it means that I know my life, liberty, property are protected by law under all circumstances. This has been particularly relevant in recent years as the United States pursues its war on terror: with public feeling and government policy becoming increasingly paranoid about the threat posed by Islam, the fourteenth amendment has provided reassurance and legal protection to Muslim American citizens throughout the country, who can feel reasonably certain that even in the wake of extreme political turmoil and conflict, their civil rights as citizens are protected.
As can be seen then, the fourteenth amendment has had a lasting and profound effect on the lives of American citizens since its ratification, and continued to be instrumental in the protection of the civil rights of individuals.
- Cornell University Law School (2016). “14th Amendment.” Retrieved from: https://www.law.cornell.edu/constitution/amendmentxiv.
- Curtis, M. K. (1986). No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights. Durham, NC: Duke University Press.
- The Library of Congress (2016). “Primary Documents in American History: 14th Amendment to the U. S. Constitution.” Retrieved from: https://www.loc.gov/rr/program/bib/ourdocs/14thamendment.html.
