14 th Amendemnt. 13 th 1865 end of slavery 14 th 1869 citizenship 15 th 1870 voting

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1 14 th Amendemnt 13 th 1865 end of slavery 14 th 1869 citizenship 15 th 1870 voting

2 Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction (the laws) thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge (weaken) the privileges or immunities of citizens of the United States; nor shall any state deprive (take away) 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.

3 USA will be a country with citizenship jus solis not jus sanquinis All persons born or naturalized in the United States, and subject to the jurisdiction (the laws) thereof, are citizens of the United States and of the state wherein they reside.

4 Privileges and immunities clause No state shall make or enforce any law which shall abridge (weaken) the privileges (rights) or immunities (protection) of citizens.

5 Bill of Rights originally for the national government ONLY. State governments were ahead of the national government in creating bills of rights. See Virginia s Declaration of Rights written by Thomas Jefferson.

6 Preamble to the Bill of Rights: THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

7 Barron v. Baltimore 1833 John Marshall, the chief justice of the Supreme Court, was a Federalist and tried to expand national power. However, here he leads the court in restricting the Bill of Rights to the national government.

8 Black Codes BUT, the states did NOT protect individual liberties, especially for minorities.

9 Race was defined by blood; the presence of any amount of black blood made one black. Employment was required of all freedmen; violators faced vagrancy charges. Freedmen could not assemble without the presence of a white person. (No churches) Freedmen were assumed to be agricultural workers and their duties and hours were tightly regulated. Freedmen were not to be taught to read or write. Public facilities were segregated. Violators of these laws were subject to being whipped or branded.

10 After Reconstruction The 14 th Amendment was meant to protect minorities, but was soon ignored. The 14 th Amendment will be used to protect the rights of corporations. Jim Crow will reign in the South.

11 Slaughterhouse Cases 1872 Louisiana had created a partial monopoly of the slaughtering business and gave it to one company. Competitors argued that this abridged "privileges and immunities." The Court said no, the privileges and immunities clause didn t apply to the states.

12 The weakening of the Fourteenth Amendment led to the Jim Crow laws segregating Southern society. JIM CROW LAWS

13 Fifth Amendment No person shall be...deprived of life, liberty, or property, without due process of law."

14 Fourteenth Amendment, 1 No State...shall any State deprive any person of life, liberty, or property, without due process of law...

15 Meaning: Magna Carta, 1215 No freeman shall be taken, imprisoned,...or in any other way destroyed... except by the lawful judgment of his peers, or by the law of the land. To no one will we sell, to none will we deny or delay, right or justice.

16 PROCEDURAL due process Words imply fair Procedure; how action is taken. Steps government must use before taking away Life Liberty Property

17 SUBSTANTIVE due process There are some things governments cannot do at all, no matter what procedures they follow. U.S. Supreme Court decides what government cannot do. Brown vs Board of Education School segregation unconstitutional

18 Incorporation of Bill of Rights Bill of Rights limits national government 14 th Amendment due process clause limits states Does 14 th Amendment due process mean Bill of Rights also limits states?

19 Supreme Court embraces selective incorporation Not all rights in Bill of Rights are equal Due process requires states to respect rights fundamental to scheme of ordered justice Whether right in Bill of Rights limits state decided case-by-case.

20 Incorporation Cases Gitlow v. New York st Powell v. Alabama th Furman v. Georgia th Mapp v. Ohio th Miranda v. Arizona th Gideon v. Wainwright th Macdonald v. Chicago nd

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