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Topic: Fourteenth Amendment

	ELS - ERD - Law By Country - United States Substantive Law - Constitution of the United States (Site not responding. Last check: 2007-08-19)
		The amendment was rejected (and not subsequently ratified) by Mississippi, December 4, 1865.
		The fourteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-ninth Congress, on the 13th of June, 1866.
		The amendment was rejected by Mississippi (and not subsequently ratified) on December 20, 1962.
	www.law.emory.edu /FEDERAL/usconst/amend.html (2856 words)

	Fourteenth Amendment - Wikipedia, the free encyclopedia
		Fourteenth Amendment to the United States Constitution - contains the "due process" and "equal protection" clauses.
		Fourteenth Amendment to the Constitution of Pakistan - introduced constitutionally enforced "party discipline".
		Fourteenth Amendment of the Constitution of Ireland - guaranteed the right to distribute information about abortion services available in foreign countries.
	en.wikipedia.org /wiki/Fourteenth_Amendment (121 words)

	The Columbia Encyclopedia, Sixth Edition: Fourteenth Amendment @ HighBeam Research
		Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens of their state of residence; the citizenship of African Americans was thereby established and the effect of the Dred Scott Case was overcome.
		The constitutionality of state economic regulation was upheld in such early Fourteenth Amendment precedents as the Slaughterhouse Cases (1873) and Munn v.
		In a number of decisions, it was held that the provisions of the First Amendment were made applicable to the states by the substantive aspect of the due-process clause, in the so-called incorporation doctrine.
	www.highbeam.com /library/doc0.asp?DOCID=1E1:Fourteenth&refid=ip_encyclopedia_hf (1118 words)

	The Fourteenth Amendment Mess
		According to FILE, the citizenship clause of the Fourteenth Amendment does not mandate the current practice of granting birthright citizenship to children born on U.S. soil to temporary workers, illegal immigrants, and tourists.
		The key to undoing the current misinterpretation of the Fourteenth Amendment is this odd phrase "and subject to the jurisdiction thereof." The whole problem is caused by the fact that the meaning of this phrase, which was clear to anyone versed in legal language in 1868, has slipped with changes in usage.
		That the Fourteenth Amendment does not grant automatic birthright citizenship is also made clear by the fact that it took an act of Congress in 1922 to give American Indians birthright citizenship, which would obviously not have been necessary if they had it automatically just by being born here.
	www.frontpagemag.com /Articles/Printable.asp?ID=2869 (1004 words)

	The Phantom Fourteenth Amendment (Site not responding. Last check: 2007-08-19)
		This book is a study of the history of the Fourteenth Amendment to the Constitution of the United States.
		On June 13, 1866, the joint resolution of "Congress" proposing the "Fourteenth Amendment" was therefore null and void.
		The "Fourteenth Amendment" was officially "adopted" on July 28, 1868, on the strength of a legally impotent concurrent resolution that once and for all surrendered all legal justification for its existence.
	www.thephantom14th.com (560 words)

	Encyclopedia article on Fourteenth Amendment to the United States Constitution [EncycloZine] (Site not responding. Last check: 2007-08-19)
		Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses (Section 1).
		Congress also passed the Fourteenth Amendment in response to the Black Codes that southern states had passed in the wake of the Thirteenth Amendment, which ended slavery in the United States.
		The Supreme Court limited the reach of the Amendment, however, by holding in the Slaughterhouse Cases that the "privileges and immunities" clause did not create any new federal rights, then holding in the Civil Rights Cases that the Amendment did not authorize Congress to outlaw racial discrimination on the part of private individuals or organizations.
	encyclozine.com /14th_Amendment_to_the_United_States_Constitution (1220 words)

	Supreme Law Library : Reference : Fourteenth Amendment : 14amrec
		Thus, the present use and expansion of the 14th Amendment is a sham -- {H7162} serving as a crutch and hoodwink to precipitate a quasi-legal approach for overthrow of the tender balances and protections of limitation found in the Constitution.
		The 13th Amendment to the United States Constitution was proposed by Joint Resolution of Congress [27] and was approved February 1, 1865, by President Abraham Lincoln, as required by Article I, Section 7, of the United States Constitution.
		On this point, therefore, the question is, was the 14th Amendment proposed and ratified in accordance with Article V? In answering this question, it is of no real moment that decisions have been rendered in which the parties did not contest or submit proper evidence, or the Court assumed that there was a 14th Amendment.
	www.supremelaw.org /ref/14amrec/14amrec.htm (4644 words)

	Fourteenth Amendment -> Section 1 on Encyclopedia.com 2002 (Site not responding. Last check: 2007-08-19)
		The antebellum political background of the Fourteenth Amendment.
		Fourteenth Amendment unenumerated rights jurisprudence: an essay in response to Stenberg v.
		Birthright citizenship is based on the Fourteenth Amendment to the U.S. Constitution, which was orig
	www.encyclopedia.com /html/section/fourteenth_section1.asp (1544 words)

	Our Documents - 14th Amendment to the U.S. Constitution: Civil Rights (1868)
		The major provision of the 14th amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to former slaves.
		On June 16, 1866, the House Joint Resolution proposing the 14th amendment to the Constitution was submitted to the states.
		On July 28, 1868, the 14th amendment was declared, in a certificate of the Secretary of State, ratified by the necessary 28 of the 37 States, and became part of the supreme law of the land.
	www.ourdocuments.gov /doc.php?flash=true&doc=43 (453 words)

	The Constitution of the United States of America
		They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
		If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law.
		Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
	www.midnightbeach.com /jon/US-Constitution.htm (4025 words)

	Government by Judiciary: The Transformation of the Fourteenth Amendment [Book Review]
		According to Berger, the sole purpose of the Fourteenth Amendment, which was ratified in 1868, was to reinforce the federal Civil Rights Act of 1866 and protect it against repeal by a future Congress.
		From the alleged incompatibility of the outcome in Brown with the "original intent" of the Fourteenth Amendment, Berger infers the illegitimacy of judicially mandated desegregation.
		In fact, the Amendment contains a provision identical in substance to a clause of the 1866 law that was removed from the final bill precisely on the grounds that it swept too broadly.
	www.leaderu.com /ftissues/ft9912/reviews/rgeorge.html (984 words)

	Fourteenth Amendment Citizenship
		In the definition of "Dred Scott Case," a supreme court case decided before the fourteenth amendment, they capitalize "Citizen," but everywhere else in the dictionary, where it refers to the laws of today, the word isn't capitalized.
		Therefore, since fourteenth amendment citizenship is a privilege, every aspect of the citizen's life could potentially be regulated.
		It's your right to be a Sovereign Citizen, while it's a privilege to be a fourteenth amendment citizen, and most importantly, it's up to you to determine which one you are, and which one you want to be.
	www.civil-liberties.com /pages/art2.html (959 words)

	14th Amendment to the U.S. Constitution: Primary Documents of American History (Virtual Programs & Services, ...
		The 14th Amendment to the Constitution was ratified on July 28, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.
		The Senate passed the 14th Amendment on June 8, 1866, by a vote of 33 to 11, while the House of Representatives passed the 14th Amendment on June 13, 1866, by a vote of 120 to 32.
		The Fourteenth Amendment to the Constitution was ratified on July 28, 1868.
	www.loc.gov /rr/program/bib/ourdocs/14thamendment.html (589 words)

	Original Intent Treatise - 14th Amendment Clarified (Site not responding. Last check: 2007-08-19)
		Therefore, the Amendment could not overturn the underlying Constitutional premise the Court used to reach its determination, which was that fl folks (and their posterity) who were brought here for the purpose of slavery could never be citizens in the sense in which that term is used in the main body of the US Constitution.
		Although the 14th Amendment was intended to serve a laudable purpose, the unintended consequence was to radically shift the balance of federalism and blur the lines almost beyond distinction.
		The 14th Amendment was a grant of a special form of citizenship to the recently freed slaves (and their posterity), and also contained the framework of rights and protections that would be a part of this new type of citizenship.
	www.originalintent.org /edu/14thamend.php (4451 words)

	Additional Amendments to the Constitution
		ARTICLES in addition to, and Amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
		No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.
		For purposes of representation in the Congress, election of the President and Vice President, and article V of this Constitution, the District constituting the seat of government of the United States shall be treated as though it were a State.
	www.constitution.org /afterte_.htm (1557 words)

	The U.S. Constitution Online - USConstitution.net
		The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
		In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
		Amendment XXIII - Presidential vote for District of Columbia.
	www.usconstitution.net /const.html (5165 words)

	FindLaw: U.S. Constitution: Fourteenth Amendment: Annotations pg. 18 of 40
		State Action.--''[T]he action inhibited by the first section of the Fourteenth Amendment is only such action as may fairly be said to be that of the States.
		The prohibitions of the Amendment ''have reference to actions of the political body denominated by a State, by whatever instruments or in whatever modes that action may be taken.
		R.R., 118 U.S. The background and developments from this utterance are treated in H. Graham, Everyman's Constitution--Historical Essays on the Fourteenth Amendment, the ''Conspiracy Theory,'' and American Constitutionalism (1968), chs.
	caselaw.lp.findlaw.com /data/constitution/amendment14/18.html (5602 words)

	THE BILL OF RIGHTS AND THE FOURTEENTH AMENDMENT
		First Amendment was not merely an interpretation of the positive law code of the original Constitution, declaring that Congress lacked Article I, Section 8 enumerated power to regulate religion or suppress speech; the Amendment was also a declaration that certain fundamental "rights" and "freedoms"-of assembly, petition, speech, press, and religious exercise-preexisted the Constitution.
		First, the Fourteenth Amendment imposes a prohibition on states, whereas the First explicitly limits "Congress." But this is of course exactly the point of incorporation.
		Amendment did not share Black's preoccupation with mechanical rules [157] and wrote an amendment whose faithful interpretation and implementation, alas, cannot be mechanical.
	www.saf.org /LawReviews/Amar1.html (15758 words)

	The Squalid 14th Amendment
		His case for the political legitimacy of the amendment requires him to ignore the circumstances of its inception; and his case for the amendment's efficacy as a means of securing individual liberty depends on a Panglossian view of judges and federal supremacy.
		Pilon recognizes that the Fourteenth Amendment carries with it a potential for abuse; but his solution is profoundly unsatisfying.
		Given federal supremacy and the vast powers the Fourteenth Amendment confers on Congress and the courts, it matters little whether Roger Pilon is right about the amendment's original meaning.
	www.lewrockwell.com /orig/healy1.html (3447 words)

	Firearms and the Fourteenth Amendment
		In order to understand the effect of the Fourteenth Amendment on the individual right to keep and bear arms, it is necessary to review some of the legislative history surrounding the Amendment.
		The proposal that became section 1 of the Fourteenth Amendment was submitted by Congressman Bingham and agreed to by the Committee on April 28, 1866.
		If the Second Amendment was adopted “to prevent the federal government from disarming the State militias,” as the Brady Campaign asserts, then section 1 of the Fourteenth Amendment extended this prohibition to the individual States.
	www.tysknews.com /Depts/2nd_Amend/fourteenth_amend.htm (1300 words)

	Fourteenth Amendment
		On the other hand, the language of the Fourteenth Amendment was not limited to racial concerns, and some of its phrases had been used expansively in the debates over slavery preceding the Civil War.
		My personal opinion is that the framers of the Fourteenth Amendment did intend to incorporate the Establishment Clause and make it applicable to the states, but they intended to do so under the privileges and immunities clause of the Fourteenth Amendment, not due process.
		H. Flack, The Adoption of The Fourteenth Amendment 80 (1908).
	members.tripod.com /~candst/14thamend.htm (4518 words)

	Fourteenth Amendment
		The McCulloch theory of the Fourteenth Amendment: City of Boerne v.
		A Lockean analysis of section one of the Fourteenth Amendment.(Privileges or Immunities Clause)
		The Slaughterhouse Cases: Regulation, Reconstruction, and the Fourteenth Amendment.(The Fourteenth Amendment and the Law of the Constitution)(Book Review)
	www.infoplease.com /ce6/society/A0819366.html (159 words)

	Today in History: July 28
		The court ruled against the slaughterhouses, narrowly interpreting "the privileges and immunities" of citizens and stating that the amendment did not extend to the property rights of businessmen.
		Their lawyers argued that while District law specified that "male residents" could vote, passage of Fourteenth Amendment nullified that requirement.
		In the presence of the first section of the Fourteenth Amendment, which confers the elective franchise upon "all persons," this word "male" is as if unwritten, and, [therefore], the statute, constitutionally, reads, "That all citizens shall be entitled to vote."
	memory.loc.gov /ammem/today/jul28.html (1520 words)

	The Fourteenth Amendment: First Amendment II?
		For many years thereafter, the Fourteenth Amendment was not seen by the Court as carrying the torch of First Amendment liberties to the State level.
		Prior to 1931, the absolutely written First Amendment was defensible from attack from those who would throw out legitimate hypothetical situations to defend their view that the Amendment should be disobeyed.
		Perhaps this is to be expected, given the ambiguity of the terms ("privileges", "immunities", "due process") in the Fourteenth Amendment, which seem to invite what some refer to as "judicial activism".
	www.krusch.com /real/14th.html (1370 words)

	The Fourteenth Amendment and the Incorporation Debate
		First, one could argue that the Fourteenth Amendment (either through the P and I Clause or the Due Process Clause) made the specific provisions of the Bill of Rights enforceable against the states and no more.
		John Bingham, primary author of the Fourteenth Amendment, said that he used the phrase "privileges and immunities" to specifically overturn the language of Scott v Sandford.
		If the Fourteenth Amendment was intended to make the provisions of the Bill of Rights applicable to the states, it was the P and I Clause, not the Due Process Clause, that was meant to accomplish that.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/incorp.htm (881 words)

	Intent of the Fourteenth Amendment was to Protect All Rights
		They were intended by the framers of the Fourteenth to extend the jurisdiction and protection of federal courts to all rights recognized by the Constitution and Bill of Rights against actions by state government.
		The framers of the Fourteenth used the word "immunities" because the rights recognized and protected by the Constitution and Bill of Rights are rights against action by government, which are "immunities", as distinct from contractual or tort rights.
		If there is any doubt as to what the framers of the Fourteenth meant by their words, here are some more of their words, taken from debates in Congress and the press during the drafting and ratification debates on the amendment.
	www.constitution.org /col/intent_14th.htm (7803 words)

	Roger Pilon and the 14th Amendment
		What the Tenth Amendment says, in a nutshell, is this: if a power has not been delegated to the federal government, that government simply does not have it.
		Early on in his response, Pilon writes that "we are likely to lose the Fourteenth Amendment in its fullest sense only by [a] subsequent amendment" that repeals it.
		Given that the Fourteenth Amendment was never legitimately ratified,we’re freer to adopt a narrow construction of the amendment than we would otherwise be.
	www.lewrockwell.com /healy/healy3.html (2683 words)

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