Question

Explain the 14^th amendment. Why was it written and how did it change the Constitution? How did affect federalism?

Answer 1

• On July 28, 1868, the 14th Amendment to the United States Constitution was ratified. The amendment grants citizenship to "all persons born or naturalized in the United States" which included former slaves who had just been freed after the Civil War. By directly mentioning the role of the states, the 14th Amendment greatly expanded the protection of civil rights to all Americans and is cited in more litigation than any other amendment.
  
• Prior to the Fourteenth Amendment, the Constitution did not define a US citizen. Section 1 settled the legal status of former slaves born in the United States. Section 1 defined citizenship of the United States and for an individual’s State of residence. All persons born on US soil are US citizens, with the exception persons subject to another nation’s jurisdiction.
• The Equal Protection Clause applies to the actions of State governments. State government may not either by legislation or the actions of its agents deprive any person of its protection. “Equal protection of the laws ” to the Framers of the 14th Amendment related to a state obligation to protect the life, liberty and property of people within state boundaries.The equal protection clause of the Constitution has been an important element in the protection of civil rights.
• The Fourteenth Amendment’s Section 2-This section changed Article I, Section 2 of the Constitution which counted slaves as only 3/5 of a person for congressional representation. It also provided that if states improperly denied the right to vote to newly freed slaves that their representation in Congress would be lessened.
• The 14th Amendment intended to bring full citizenship to any person born or naturalized in the U.S. (slaves), however the due process clause in the Amendment is the major part of writ. This applied the Bill of Rights to all citizens of every state, not just when dealing with the Federal Government. The effect was that it caused Federal law to override state law in certain situations.