Download 14th Amendment

We the People, Unit 4
Warmup, 11/13-14
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Get Unit 4 Outline
Organize your binder, start Unit 4
Get out your homework so I can see it
Answer these questions:
1. What did the framers do about slavery when
they wrote the Constitution (in 1787)? Why?
2. What other Constitutional issues led to the Civil
War?
Slavery in the
Constitution
• Framers did not abolish slavery
– Because Southern states would not have ratified
Constitution if it abolished slavery.
– Main goal in 1787: create stronger nat’l govt.
• Congress can’t ban importation of slaves until
1808
• Fugitive slave clause: free states had to
return runaway slaves to their owners
• 3/5ths Compromise
Secession
• Southern States:
• States have a right
to secede from the
Union because…
– Constitution
– History
– Philosophy
• Northern States:
• States do NOT have
a right to secede
from the Union
because…
– Constitution
– History
– Declaration of
Independence
Secession
• Was the U.S. a “perpetual Union” or a
“confederation of sovereign states”?
• Did the people or the states create the
union?
9/28 Class Starter
1. Does the 14th Amendment give states more
power, or place more limits on state power?
How?
2. Would each of these examples violate the
Fourteenth Amendment? If so, which part?
Explain.
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Arizona passes a law that babies born to illegal immigrants in
Arizona are not U.S. citizens.
Kansas law requires black and white children to go to different
schools.
A poor man in Florida is convicted of burglary and sent to
prison, but did not have a lawyer because he could not afford
one.
Dred Scott case
• Supreme Court ruled (1857)
that
– African Americans are not U.S.
citizens
– Congress cannot prohibit slavery
in new U.S. territories
– Constitutional Amendment was
required to grant citizenship to
blacks
Civil War Amendments
• 13th: (1865): freed all slaves, outlawed
slavery permanently in the U.S.
• 14th (1868): all persons born in U.S. are
citizens; states cannot violate citizens’
rights; “equal protection of the laws”
• 15th (1870): right to vote cannot be
denied based on race
Failure of Civil War
Amendments
• Executive Branch did not enforce them
• Congress passed civil rights laws, but
President refused to enforce
• Withdrew federal troops from South in 1877
• Southern states passed “black codes” to
prevent blacks from gaining power or equality
• Former slaves and free blacks were not
treated equally for another 100 years
14th Amendment
• Original purpose: protect the rights of
former slaves and free blacks
• Made state govts protect citizens’
Constitutional rights
• Limited the power of state govt’s after
the Civil War
14th Amendment
“No state shall deny to any person within its
jurisdiction the equal protection of the laws”
• Applies only to state governments
– Unless other laws exist (“Equal Opportunity
Employment laws”)
• Does it require “equality of condition”?
• Does it require “equal opportunity”?
• When can people be treated differently by the
law?
– “rational basis”
– “compelling” social interest
Equality of Condition
• Authors of the 14th Amendment did not intend
to protect a right to equality of condition.
• That would mean that govt. was responsible
for guaranteeing that all citizens were equal
in the amount of property they owned, their
living standards, education, medical care, and
working conditions.
Equal Protection of the
Laws
• The framers (authors) of the 14th Amendment
wanted to create a society in which all people
were treated equally before the law.
• “Equal protection of the laws” Does not
prevent legislatures from passing laws that
treat some people differently when there is a
reasonable basis for doing so. Ex. NC
driver’s license law that grants the privilege of
a driver’s license only to people 16 or older,
or law that denies anyone younger than 21
from purchasing alcoholic beverages.
Do these laws violate the Equal
Protection clause of the 14th
Amendment? Why/ why not?
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Adults under 21 can’t drink alcohol
Gays can’t join the military
Women can’t be firefighters
Physically handicapped people can’t be
firefighters
• 15% of all University of Michigan students
must be minority races
• Women can’t be guards at all-male prisons
• Only men have to register for the draft
“Equal Protection” cases
• Plessy vs. Ferguson (1896)
– Segregation by race does not violate the equal
protection clause as long as the separate facilities
were equal
• “separate but equal” doctrine
• Allowed states to continue racial segregation
• Brown vs. Board of Education (1954)
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“Separate educational facilities are inherently unequal”
Overturned Plessy decision
Outlawed segregation in every state
Not followed in some southern states until forced by federal
troops
Civil Rights Movement
• African Americans fought to have the 14th
Amendment enforced in the 1950’s
• Wanted to “fulfill the promise of the
Constitution”
• Court cases (Brown vs. Board)
• Used 1st Amendment rights
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–
Speech
Religion
Press
Assembly
• Civil Rights Act passed in 1964
• Voting Rights Act passed in 1965
Due Process of Law
• One of the oldest constitutional principles
• Appears in Magna Carta, D.O.I. and the 5th
and 14th amendments in the Constitution
• The term due process refers to the
requirement that the actions of government
be conducted according to the rule of law.
• No govt. can be above the law.
• Principle of due process of law is one of the
most important protections against arbitrary
rule.
• The 5th Amendment prevents the
federal government from depriving any
person of life, liberty, or property w/o
due process of law.
• The 14th Amendment requires state
govts. To respect due process of law
and gives the federal govt. the power to
enforce this requirement.
• What is procedural due process?
Ans. Means that the govt. must use fair
procedures in fulfilling its responsibilities.
• What is substantive due process?
Ans. Means govt. cannot make laws that apply
to situations in which the govt. has no
business interfering. It requires the
“substance” or the purpose laws to be
constitutional.
• After the Civil War the idea of
substantive due process became widely
used by the Supreme Court.
14TH AMENDMENT (1868):
 PRIVILEGES OR IMMUNITIES CLAUSE:
“NO STATE SHALL MAKE OR ENFORCE ANY LAW WHICH SHALL
ABRIDGE THE PRIVILEGES OR IMMUNITIES OF CITIZENS OF
THE UNITED STATES;”
 DUE PROCESS CLAUSE:
“NOR SHALL ANY STATE DEPRIVE ANY PERSON OF LIFE,
LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF LAW . . . .”
WHICH PROVISION DO YOU THINK WOULD INCORPORATE
THE BILL OF RIGHTS (APPLY THE BILL OF RIGHTS TO THE
STATES)?
IF IT’S THE PRIVILEGES AND IMMUNITIES CLAUSE,
WHICH PROVISIONS OF THE BILL OF RIGHTS WOULD
APPLY THE STATES?
AMENDMENT/ RIGHTS
INCORPORATED?
1ST/ FREEDOM OF SPEECH, PRESS,
ASSEMBLY, RELIGION, & ESTABLISHMENT
CLAUSE
YES
RIGHT TO PETITION GOVERMENT
NOT DECIDED – PROBABLY INCLUDED IN
SPEECH
2ND
NOT DECIDED – THIS IS YOUR CASE
3RD
NOT DECIDED
4TH
YES
5TH – EVERTHING EXCEPT GRAND JURY
YES
GRAND JURY
NO
6TH
YES
7TH
NO
8TH/ CRUEL AND UNUSUAL
PUNISHMENT
YES
NOT DECIDED
EXCESSIVE BAILS AND FINES
Homework
• In each category below, place the groups in order,
based on how much POWER you think they have in
our country today.
• What is the reason some groups have more power
than others in our country?
AGES
• 18-24 year-olds
• 25-44 year-olds
• 45 and older
RACE
•White
•Black
•Hispanic
EDUCATION
•Less than high school
•High School graduates
•1-3 years of college
•College graduates
Voting: Key Questions
• What percentage of Americans vote?
• How is voting related to power? What happens to a
group of people that does not vote?
• Does your vote matter? What evidence do you have?
• What is the history of voting rights in the United
States?
• What are the current issues and problems with voting
rights?
• Would our country be better if everyone voted?
Suffrage (the right to vote)
1776: White male property owners 21+
– Each state allowed to set voting requirements
1870: 15th Amendment- right to vote can’t be
denied based on race
1920: 19th Amendment- women
1924: Native Americans are citizens of the U.S.
1965: Voting Rights Act- helps blacks and
Native Americans
1971: 26th Amendment- 18 year-olds
Video “ 14 Amendment”
• What inscription is carved above the
entrance of the Supreme Court
building?
• Which amendment expresses this idea?
How is it worded?
• What enduring idea did Thomas
Jefferson express in the D.O.I? Was it
mentioned in the Constitution of 1787?
• What did the 14th Amendment do for
Blacks?
• Which part of the 14th amendment was
specifically directed at the states?
• Why does the children’s grandmother
need a job? What job does she apply
for? In your opinion is she qualified?