14th Amendment Example in Abolishing “Separate but Equal”Īn example of the 14th Amendment being argued in a court of law features most prominently in the case of Brown v. Everything changed when the Supreme Court heard the case of Brown v. The idea of “ separate but equal” held fast for more than 50 years, despite several lawsuits wherein segregated facilities were proven to almost never be legitimately equal. The chief idea driving this supposed solution to discrimination was “ separate but equal.” This is what led to designated “black” and “white” water fountains, restrooms, and even schools. However, the period following the adoption of the 14th Amendment was not entirely sunshine and roses, as segregation was still legal so long as states provided similar facilities to the separated races. For example, the 14th Amendment permitted blacks to serve on juries, and prohibited Chinese Americans from being discriminated against insofar as the regulation of laundry businesses. Significant changes were made after the adoption of the 14th Amendment. Rather, one class cannot receive preferential treatment over another class – all individuals are to be treated as equals. This is important because, the way this is written, the amendment abolishes the practice of making certain laws applicable only to persons of a certain class level. Importantly, the last two clauses of the first section of the 14th Amendment specifically state that no person, whoever he may be, should not be deprived of life, liberty, or property without due process, and he shall not be denied equal protection under the laws of his state. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws.” “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Section 1 of the 14th Amendment specifically states: As far as the states are concerned, however, individuals within a particular state’s jurisdiction are entitled to equal protection from that state. However, it is not unheard of for the clause to be applied to the federal government as well. The 14th Amendment is written in such a way that the Equal Protection Clause should be applied to the states. The Equal Protection Clause demands that individuals in similar situations be treated as equals in the eyes of the law. They also, on average, received harsher punishments than whites for similar crimes. Before this clause was implemented, blacks were prohibited from filing lawsuits, or providing evidence, or serving as witnesses in a legal case. The Equal Protection Clause of the 14th Amendment was created in response to the lack of equal protection afforded by law to black Americans. Substantive due process, on the other hand, is the guarantee that the citizens can live their lives free of the fear that the government will encroach upon their fundamental rights. Procedural due process is the guarantee that a citizen will be afforded a fair legal process, and that the government will not interfere with, or encroach upon, his rights to life, liberty, or property. Both clauses have been referred to with regard to both procedural due process and substantive due process. The Due Process Clause can only be applied to the states, but it is nearly identical to the 5th Amendment’s Due Process Clause, which applies solely to the federal government. The Due Process Clause of the 14th Amendment refers to the fact that the people of each state are entitled to make their own laws and change them if and when it is necessary to do so. This clause has been relied upon in several cases to rule against those who discriminate against others irrationally or unnecessarily. The Equal Protection Clause, on the other hand, requires that each state give all citizens within its jurisdiction equal protection under the law. Put another way, these rights cannot be stripped from a person before he is given a proper trial wherein it is determined that he deserves to lose these rights. The Due Process Clause prevents state and local governments from depriving a person of his rights to life, liberty, or property without first receiving permission to do so from a legislative authority. The first section of the 14th Amendment is made up of several clauses, including the Due Process Clause and the Equal Protection Clause.
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