Which protections are provided by Section 1 of the Fourteenth Amendment? - The right to citizenship - Equal protection under the law - Due process - The prohibition against states depriving any person of life, liberty, or property without due process of law

History · Middle School · Thu Feb 04 2021

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Answer: Section 1 of the Fourteenth Amendment of the United States Constitution extends several crucial protections and rights. It includes:

1. The Citizenship Clause: This grants citizenship to all persons born or naturalized in the United States, which included former slaves who had been freed after the Civil War.

2. The Privileges or Immunities Clause: This prevents states from infringing on the privileges or immunities of U.S. citizens. However, the exact scope of the "privileges or immunities" has been a matter of debate.

3. The Due Process Clause: This clause prohibits state and local governments from depriving persons of life, liberty, or property without a fair procedure (due process). This essentially means that the government must follow certain legal procedures before punishing a person or taking their property.

4. The Equal Protection Clause: This perhaps is the most influential part of the Fourteenth Amendment, requiring states to provide equal protection under the law to all persons within their jurisdiction. This clause is the basis for many decisions regarding civil rights, including the landmark Brown v. Board of Education decision, which declared that racial segregation in public schools was unconstitutional.

The clause about the right to deprive persons of property is actually a misconstrued piece of the Due Process Clause. The Fourteenth Amendment does not grant the right to deprive persons of property; instead, it prevents the state from doing so without due process of law.

Extra: To further expand on this very important amendment, let's look at the ramifications of each clause:

- The Citizenship Clause effectively reversed the Dred Scott v. Sandford decision of 1857, which had claimed that African Americans could not be citizens. By ensuring citizenship to all born or naturalized in the U.S., it firmly established the basis for equal rights to all citizens.

- The Privileges or Immunities Clause could have been a major source of civil rights law, but the Supreme Court in the 1873 Slaughter-House Cases interpreted it narrowly, which significantly limited its impact.

- The Due Process Clause has been used to incorporate the Bill of Rights on a state and local level meaning that many protections that initially applied only to the federal government now apply to all levels of government. This means that the basic rights to a fair trial, free speech and others are now guaranteed at all government levels.

- The Equal Protection Clause has been the constitutional underpinning for many civil rights cases and legislation including challenges to school segregation voting rights laws gender discrimination cases and same sex marriage decisions. It has become a principle that represents the legal fight against discrimination.

Understanding the Fourteenth Amendment is crucial for grasping how civil rights law has evolved in the United States. Each clause has its own history of interpretation and application, affecting everything from voting rights to educational equality.

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