The 14th Amendment

Isabelle Martinez~Block 4~Rodgers~12/11/14


Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction 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 the privileges or immunities of citizens of the United States; nor shall any state deprive 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.

Section 2.

Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Court Case-Lochner v. New York (17 Apr 1905)

Lochner, a baker from New York, was convicted of violating the New York Bakeshop Act, which prohibited bakers from working more than 10 hours per day/60 hours per week. The Supreme Court struck down the Bakeshop Act, however, ruling that it infringed on Lochner's "right to contract." Court extracted the right from The Due Process Clause of the 14th Amendment.

Court Case Scenario

A man in New Jersey has a house that was infested with bats. The government wanted to tear down the house. They felt the bats were a threat to the community. However, the man didn't want his house to be destroyed. They argued and eventually went to court. The outcome was constitutional. The man argued using the 14th Amendment that said,"nor any state deprive any person of life, liberty, or property." The man got to keep his house. He also got rid of the bats later on.

Sources Cited

Amendment-"14th Amendment." LII / Legal Information Institute. N.p., n.d. Web. 08 Dec. 2014.

Court Case-"10 Huge Supreme Court Cases about the 14th Amendment." Constitution Daily. N.p., n.d. Web. 09 Dec. 2014.

Picture of LLP-"LIfeLibertyTexas." LifeLibertyTexas. N.p., n.d. Web. 11 Dec. 2014.

Picture of USA Flag-USAFlagSupply. N.p., n.d. Web. 11 Dec. 2014.

Picture of Law-Poudreeducationassociation. N.p., n.d. Web. 11 Dec. 2014.