1. Citizenship at birth, across all states
2. The first portion of amendment fourteen essentially guarantees that if someone is born on United States soil they are automatically considered a citizen. This is regardless of race, background, or who the person who gives birth is. The section also guarantees the anyone who is granted citizenship has equal protection of the laws. “Equal protection of the laws” is most oftenly referred to in this amendment as it was the main purpose of the amendment, to prohibit states from intruding on the rights and protections of citizens across the United States.
3. The ideas of this amendment were originally turned down by the Dred Scott court case, which essentially said that african americans could never become United State citizens. This is regarded as essentially the worst decision of the supreme court in history, for quite obvious reasons. Directly preceding the 14th amendment, however, was the Civil Rights Act of 1866. This was directly following the result of the civil war that aimed to free all slaves and give them rights of citizens in the United States. Needing some piece of legislation to give all the free slaves and african americans rights, the civil rights act was passed by congress. The act not only gave the possibility of citizenship to african americans, but it gave citizenship to all who were born in the United States. This was a huge deal in itself, overriding the veto of Andrew Jackson. There was great concern of the act being repealed in the future or being declared unconstitutional as well. The supreme court could definitely end the act, and congress only needs a majority vote to repeal it. Knowing this was a definite threat, the 14th amendment was passed so that the birthright citizenship would be a part of the constitution. This made sure that the purposes of the act would live on unless the states repealed it, which is a lot less likely. It was also stated in the amendment that states cannot infringe on the basic rights of citizens of The United States. The amendment specifically states that it is national citizenship that the states cannot attack. The privileges and immunities clause was added into it to make sure citizens were truly equal, as southern states versus northern states would definitely treat the new african american citizens quite differently if the clause was not implemented as a part.
4. The effect of the amendment then was not hugely present in the time it was made, as the Civil Rights Act of 1866 was already in place and the amendment was just ratified to hold up the act. The amendment, soon enough, became a huge reference for many court cases to come. Most recently, it was used for the legalization of gay marriage. The case utilized the privileges and immunities clause that all citizens should be equal across all states. This basically says that the fact some were able to marry in one state and not another was infringing on their natural rights as citizens of the United States. The ruling, however, was very close– only passing with five votes to four. Without this amendment pass hundreds of years before the ruling, gay marriage could possibly still not be legalized today. This shows the amendment still has a huge impact on today’s society and looking into the future as the strive for true equality becomes greater. It was also utilized during the civil rights movement and was a driving force for all the legislation that came during that time period, as african americans were not being treated equally. One controversial part of the amendment to this day is the citizenship at birth. There are many who believe to this day that it should not be granted for just being born in the United States. The specific people that these protesters target are so called “Anchor babies”. This is where illegal immigrants enter the United States to have their child on United States’ soil so they will attempt to be able to live here. There is a lot of controversy over whether these babies should still qualify for citizenship or not. Many Republicans specifically express a distaste to the birthright citizenship due to the illegal immigration it can potentially cause.
5. A. Dred Scott V Sandford
Was Dred Scott free or a slave?
The supreme court voted seven to two that Dred Scott is property and still is a slave. This is because they believed at the time he did not qualify for being a citizen of the United States since he came from slaves and was an african american. Since he’s not a citizen, he does not have the right to sue under the court of law.
5. B. Slaughter-House Cases
Did the creation of the monopoly violate the fourteenth and fifteenth amendments?
The supreme court voted five to four that it was not a violation of their equal protection under the law part of amendment fourteen as it did not limit their right to property. The interpretation of the amendment in this case was not broad and focused on the idea his national rights were not being violated, only potentially his state rights.