The Amendment Of The Constitution - 959 Words

The Fourteenth Amendment of the Constitution is considered by many to be the catchall amendment within the reconstruction amendments that passed not long after the Civil War. Its due process and especially the equal protection clause have single handily changed the course of American History for all eternity. I believe that there are several key issues that plague the way our highest court approaches matters of sexual orientation and other issues as well. In this document I intend to explore what events of the past led to the constitutional interpretation of today regarding the fourteenth. In doing so we will travel over the course of a century or more in time and see the social landscape of a nation evolve based upon new societal interpretations and little more. To begin with some key case law that affected the courts constitutional interpretation regarding equal protection we must begin with Plessy V. Ferguson. In Plessy V. Ferguson we find the court upheld the state law requi ring railroads to maintain two separate cars for black and white while traveling within the State of Louisiana. The rational of the court no matter how wrong I feel it is was that in regards to intrastate commerce the law was constitutional. Justice Harlan wrote the dissent and I feel he made precise remarks that played a role in the future interpretation of the Fourteen Amendment. Harlan basically laid the groundwork in reference to the highest law of the land being colorblind in everyway.Show MoreRelatedThe Constitution Of The Amendment2425 Words   |  10 Pagesprotecting the 10th amendment, not only by our elected officials but by citizens as well, deviates the subtle balance of power in our nation to a detrimental state. The United States of America is just that, united States, that have the power to legislate for their constituents any laws not delegated to the Federal government inside the Constitution. With the overreach of the Federal government using the Commerce Cla use, the Necessary and Proper Clause, enacting the 17th amendment, and using the â€Å"powerRead More Amendments to the Constitution Essay1290 Words   |  6 PagesThe framers of our Constitution knew that time has a way of changing countries and their citizens. Our country was in a whirlwind of change in 1789 as people were experiencing freedom from the tyranny of England for the first time in their lives. Our country was being molded and formed into a great nation by the founding fathers. Expectations and rules had to be set to protect the rights of the minorities and majorities. Amendments to the Constitution were written to ensure equality for all in changingRead MoreThe Fourth Amendment Of The Constitution1107 Words   |  5 PagesThe Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. 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The Fourth Amendment of the U.S Constitution says, â€Å"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 afï ¬ rmationRead MoreAmendments to the National Constitution2556 Words   |  10 PagesBackground - In the U.S. legal system, the Constitution forms the basic template for legal theory and management of law. This document formed the bases for the U.S. government and defined the three main sections: Executive, Legislative and Judicial. We must remember, too, that the idea of this constitution of removing ties to a monarchy and setting up a separate government by the people, for the people, was a very radical idea in the 18th century and had a background not only in the various documentsRead MoreThe Fourteenth Amendment Of The Constitution2057 Words   |  9 PagesFourteenth, and Fifteenth Amendm ents are a really big part of the Constitution for slavery and about the equal rights in the United States. The government created the thirteenth, fourteenth, and fifteenth amendment to allow racial equality in the United States by freeing all of the slaves, giving them the right to get citizenship, and the right to vote. I will be talking about each Amendment and how they were formed and also why. The Thirteenth Amendment of the Constitution says, â€Å"Section 1. NeitherRead MoreThe 18th Amendment of the Constitution1875 Words   |  8 PagesThe 18th amendment of the constitution Prohibition was introduced to all American states apart from Maryland in 1920. Prohibition was the banning of alcohol; you could be arrested for sale, manufacture and transportation of alcohol. There were many factors that influenced the introduction of prohibition. One of the main factors was the temperance movement’s two examples of this Were the anti-saloon league and Women’s Christian temperance movement. The temperance movements were at the strongestRead MoreThe Fifth Amendment Of The Constitution1009 Words   |  5 PagesThe sixth amendment of the constitution guarantees a criminal defendant trial by an impartial jury of their peers. Jury selection is a little more complex than sending out jury duty notices and going to trial, it has its own process to ensure all is fair. The Jury is a pertinent part of the judicial process and a key piece to upholding justice. Juries are selected from the general population; they are to be a representation of the people from that area. In trials with a jury, the first step is the