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The 14th Amendment

Why It Actually Came About

The 14th Amendment is a heavy situation to write about. You see, natural citizens are born in the United States. To take away birthright citizenship is to destroy a huge cornerstone of what American law is about. In 1868, a historic decision was made to allow all persons born or naturalized in the United States, including former slaves, to have “equal protection of the laws.” This was the first of three amendments to abolish slavery or so we are told in history class. The Reconstruction era was a time of establishing civil and legal rights for black Americans, as well as becoming the ultimate cornerstone of Supreme Court decisions.

Abraham Lincoln was assassinated in 1865. By the time of reconstruction, the southern states were re-integrated back into the Union in a very lenient manner. However, former confederate officers in their congresses ran the southern States. The Civil Rights Act of 1866 was the first time that congress overrode a veto of a very important bill. President Andrew Johnson actually opposed the 14th Amendment, but Republicans had veto-proof clout because of congressional elections in 1866. The 14th Amendment was ratified on July 9th, in 1868. The Dred Scott case in 1857 had previously meant that no black man could claim citizenship under the federal constitution.

The Bill of Rights goes over what the rights of a citizen should be, covering freedom of speech, freedom of religion, the right to bear arms, the right to privacy, and other fundamental rights the Constitution did not cover. The federal government had the right to go after states that did not provide their citizens with the right to vote, which at the time were only men who were head of the household or who owned property. 

The 14th Amendment was a step in the right direction until the Civil Rights Act of 1964 first proposed by President John F. Kennedy, had begun to give “All Americans the right to be served in facilities that are open to the public.” The 14th Amendment was ground-breaking because there were stirrings of thinking that racial segregation that was forced on people violated the Constitution.

Any law prohibiting interracial marriage violates the Equal Protection Act, comes into play about all races, in every aspect of what could lead to discrimination. In the present, race cannot be considered a factor when admitting students into universities to continue their education. Today, however, the Equal Protection Clause is being worked on to make sure that same-sex discrimination is not something that should be legally around to happen. In the present, we rely on historical data about the 14th Amendment so 45 doesn’t end the Constitutional right of all babies born to non-citizen parents. The 14th Amendment goes into how no State can interrupt due process for every citizen.

Congress passed the 14th Amendment in 1866 after the Civil War and during Reconstruction. In 1857, Congress had made a decision holding that those descended from slaves could not be U.S. Citizens. 45 is talking about changing something that affects the very foundation of our government. Getting U.S. citizenship is easier than one might expect because it can be granted via Green Card, and the law, or marriage to a U.S. citizen, which attracts the attention of INS.

Immigration and the 14th Amendment is a thorny issue that divides people. Immigrants who learn English have an easier time than those who stick with their own tribe. It is necessary to learn about the culture in order to survive. To stick with your own kind is detrimental to assimilation. To branch out means that you have to get out of your comfort zone, and try new things, try fitting into other people's cultures. It is worth it to explore groups other than your own if you want to assimilate better. 

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The 14th Amendment
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