The Fourteenth Amendment - 1052 Words

The original writers of the Constitution had to have noticed the overlap in enumerated powers. Having only the Commerce Clause or only the Tenth Amendment would not harbor the best outcomes. Both are entirely necessary and exist to limit each other. Discretion is the deciding factor for determining which power trumps the other. In McColloch v. Maryland, for example, a state tax on the U.S. Bank would cause negative externalities against all citizens of other states. This is not in the best interest of the majority, or even Maryland in the long haul, to tax the US Bank. The key is to reach the best outcome in terms of majority. The needs of the many outweigh the needs of the few. Nonetheless, there are definite benefits under the protection of the Tenth Amendment. The Tenth Amendment allows states of different backgrounds, structure, and economic status to operate in a manor that is most effective for them. Citizens of the state of New York have, generally speaking, very different vie ws, opportunities, and resources, as compared to Texas. Why should a federal power restrict both states to the same principles? Better yet, the federal government is not going to know what works best for either state because they are not involved in state matters. It is similar to having the USDA enforce identical conservation methods in two entirely different parcels of land. If the USDA requires no-till farming practices on both segments of land, one may benefit, but the other may not. TheShow MoreRelatedThe Amendment Of The Fourteenth Amendment1416 Words   |  6 PagesRepublican of Ohio had long been a believer in the idea of equal protection of the laws for all people, and was one of the leaders of the effort to pass the Fourteenth Amendment. While aware of the need to prove the constitutionality of the Civil Rights Act with the Fourteenth Amendment, Bingham did not actually believe that the Fourteenth Amendment created any new rights. Rather, he believed that it created a new understanding of rights already in the Constitution. Bingham maintained that, â€Å"The†¦equalRead MoreThe Amendment Of The Fourteenth Amendment1875 Words   |  8 PagesThe Fourteenth Amendment stopped unlawful actions by states. It also gave Congress the power to enforce the amendment through new laws that benefited and were fair to everyone. The Fourteenth Amendment represents part of the extension of the power of the national government over the states. It has been cited in more court cases than any other part of the Constitution. It made it possible for new legislation that has protected the rights of many throughout the United States and has helped uphold equalityRead MoreThe Fourteenth And Fourteenth Amendment1018 Words   |  5 PagesThe Thirteenth and Fourteenth Amendment Want to learn how everyone is equal? On May 17, 1954 the United States Supreme Court came to a decision that had immediate repercussions on the lives of black and white American citizens. Historic moment experiences have continually characterized these people into distinct racial and social entities. The thirteenth and fourteenth amendment had a positive affect on the problem of racism and segregation.The thirteenth amendment was created to abolishRead MoreThe Amendment Of The Fourteenth Amendment1532 Words   |  7 PagesAccording to the thirteenth amendment, â€Å"neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.† The purpose of the thirteenth amendment was to end slavery or any form of involuntary servitude everywhere among the United States. There was new hope for African Americans throughout the country but unfortunately their freedom had a limit and coincidentallyRead MoreThe Issue Of The Fourteenth Amendment952 Words   |  4 PagesThe Fourteenth Amendment was ratified in 1868 and the amendment was put in place to protect former slaves and their rights in life. The most important part of the amendment reads, â€Å"No state shall ‘deprive a person of life, liberty, or property without due process of law; nor deny to any person†¦ the equal protection of the laws.’† This simple statement has one of the most profound and incredible parts of the United States today. The equal protection of the laws show that there must be equal treatmentRead MoreThe Equal Protection Clause Of The Fourteenth Amendment976 Words   |  4 PagesIt was in this case that the plaintiff, Abigail N. Fisher filed suit against the University of Texas with the claim that the University had violated the Equal Protection Clause of the 13th Amendment. The main question that arose in the q uestion was, â€Å"does the Equal Protection Clause of the Fourteenth Amendment permit the consideration of race in undergraduate admissions decisions†. The overall decision of the Supreme Court was that the University of Texas hadn’t violated the Equal Protection ClauseRead MoreThe Equal Protection Clause Of The Fourteenth Amendment3764 Words   |  16 PagesThe equal protection clause of the Fourteenth Amendment to the Constitution was at first created to protect against racial discrimination, but the Supreme Court later expanded the clause to also providing equal treatment amongst different races. The clause says, â€Å"No state shall†¦deny to any person within its jurisdiction the equal protection of the laws† (U.S. Constitution. Art./Amend. XIV, Sec. 1.) A person could not be discriminated upon solely because of his or her race and if the law treated aRead More The Fourteenth Amendment and Equality Under the Law Essay774 Words   |  4 PagesThe Four teenth Amendment and Equality Under the Law The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, ? All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside? citizenship was universalized. The Amendment was designed to prohibitRead MoreThe Equal Protection Clause From The Fourteenth Amendment1137 Words   |  5 PagesThe Equal Protection Clause derives from the Fourteenth Amendment, which specifies â€Å"no state shall deny to any person within its jurisdiction the equal protection of the laws†¦Ã¢â‚¬  As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the stri ct scrutiny has been applied to the cases, in which a fundamentalRead MoreThe Importance of the Fourteenth Amendment to the United States Constitution2912 Words   |  12 PagesThe importance of the Fourteenth Amendment to the United States Constitution is such that some have called it the amendment that â€Å"completed the Constitution.† When it was ratified on July 9th, 1868, the amendment became one of legislative cornerstones of the Reconstruction Era, a time in which the Radical Republicans, led by John A. Bingham and Thaddeus Stevens, promulgated a legislative program focused on providing racial equality before the law. Among the laws passed in the Reconstruction Era