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what did the 14th amendment gurantee??

2007-10-04 13:18:23 · 2 answers · asked by shorty 1 in Arts & Humanities History

2 answers

The 14th Amendment has 4 primary sections and covers a number of areas, following is short summary of them.

Section 1 focuses on citizenship.
The general purpose of this provision of the amendment put at rest two questions upon which there had been differences of opinion, the definition of citizenship, and, the distinction between citizenship of the United States and of a State. No definition of citizenship “was previously found in the Constitution, nor had any attempt been made to define it by act of Congress. (Note: you might want to review the Civil Rights Act of 9 April 1866 enacted 2 years prior to the 14th Amendment which was such an attempt but pretty poor.)

Clearly an Amendment was needed to provided citizenship to those recently because the only case ruling until that time was Dred Scott v. Sandford [1857] and from that the ***** could not be citizens free or not. However, the 14th Amendment went far beyond that distinction. Subsequent to the 14th Amendment was the Slaughter House Cases 1873 in which it was opined, “ . . . . ‘All persons born’ (from the 14th Amendment) are general, not to say universal, restricted only by place and jurisdiction, and not by color or race. . . . “ This then had the 14th Amendment applying not only to the ***** but to the American Indian and other ethnic groups.

In the terms of the ‘Definition of Citizenship’ the word “citizen is here (in the amendment) used in a political sense to designate one who has the rights and privileges of a citizen of a State or of the United States. (re: Baldwin v. Franks [1887].

The opening sentence (of the Amendment) is throughout affirmative and declaratory, intended to allay doubts and to settle controversies which had arisen, and not to impose any new restrictions upon citizenship. (re: Minor v. Happersett [1875] which opined, “ . . . where it was shown that women had always been considered citizens the same as men, irrespective of the 14th Amendment. . . “)

As significant as any other part of the 14th Amendment is the focus on Citizenship of the United States and of a State. The distinction between citizenship of the United States and citizenship of a State is here clearly recognized and established. “Not only may a man be a citizen of the United States without being a citizen of a State, but and important element is necessary to convert the former into the latter. He must reside within the State to make him a citizen of it, but it is only necessary that he should be born or naturalized in the United States to be a citizen of the Union. It is quite clear, then, that there is a citizenship of the United States, and a citizenship of a State, which are distinct from each other, and which depend upon different characteristics or circumstances in the individual.” (re: Slaughter Hose Cases [1873])

While the amendment did not create a national citizenship it has the effect of making that citizenship “paramount and dominant” instead of derivative and dependant” upon State citizenship. (re: Colgate v. Harvey [1935]).

There is a great deal more that has developed and evolved from the 14th Amendment but I believe that this addresses your primary question.

2007-10-04 15:08:16 · answer #1 · answered by Randy 7 · 0 0

14th amendment gave African Americans citizenship.

2007-10-04 20:38:56 · answer #2 · answered by ST3FF_92 4 · 0 1

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