Fourteenth Amendment

• Fourteenth Amendment. Section 1: Privileges and immunities of citizenchip, due process and equal protection

• Constitution of the United States (Annotated)

• Fourteenth Amendment. Section 5: Enforcement

• Constitution of the United States (Annotated)

• Rescuing the Fourteenth Amendment Privileges or Immunities Clause: How 'Attrition of Parliamentary Processes' Begat Accidental Ambiguity; How Ambiguity Begat Slaughter-House

This Essay addresses a topic of great academic and practical interest currently facing the Supreme Court: whether the Privileges or Immunities Clause, which has lain dormant since the Court's ill-conceived 1873 Slaughter-House Cases decision, should be resurrected in order to apply the Second Amendment to the states. The Essay makes the novel argument that the textual basis for the Slaughter-House Court's holding regarding the clause - i.e., the lack of parallel textual construction in the first two sentences of Section 1 of the Fourteenth Amendment regarding citizenship) - was in fact the wholly unintentional product of what we might call "attrition of parliamentary processes." This analysis is not new to the Supreme Court. Borrowed from an oral argument made before the U.S. Supreme Co...

• The William and Mary Bill of Rights Journal
• Vol. 18 Nbr. 2, December 2009

• Individual Rights Under State Constitutions When the Fourteenth Amendment Was Ratified in 1868: What Rights Are Deeply Rooted in American History and Tradition?

Much of the academic writing about constitutional law and theory, both in the originalist and non-originalist camps, presumes that the Constitution protects at least some fundamental rights. Most originalists reject substantive due process and argue alongside Justice Hugo Black and former Judge Robert H. Bork that the only fundamental rights that are protected are the ones enumerated in the Constitution. Other originalists such as Judge Michael McConnell have written that the Privileges or Immunities Clause of the Fourteenth Amendment protects both enumerated and unenumerated rights so long as those rights are deeply rooted in history and tradition. This article then provides a list of all of the individual rights that were enumerated in the thirty-seven individual state constitutions i...

• Texas Law Review
• Vol. 87 Nbr. 1, November 2008

• Conforming to the rule of law: when person and human being finally mean the same thing in Fourteenth Amendment jurisprudence.

ABSTRACT: The Fourteenth Amendment was intended to protect people from discrimination and harm from other people. Racism is not the only thing people ...

• Issues in Law & Medicine
• Vol. 22 Nbr. 2-3, September 2006

• Fourteenth Amendment. Section 2: Apportionment of representation

• Constitution of the United States (Annotated)

• Plenary no longer: how the Fourteenth Amendment 'amended' congressional jurisdiction-stripping power.

INTRODUCTION I. REVIEW A. The Orthodox View B. Modifications to the Orthodox View 1. Internal constraint theories 2. External constraint theories C. E...

• Stanford Law Review
• Vol. 63 Nbr. 5, May 2011

• Does the Fourteenth Amendment guarantee equal justice for all?

Does the Fourteenth Amendment (1) guarantee equal justice for all? Implicitly, this question asks whether the Supreme Court may transformatively inter...

• Harvard Journal of Law & Public Policy
• Vol. 34 Nbr. 1, January 2011

• Fourteenth Amendment. Sections 3 and 4: Disqualification and Public Debt

• Constitution of the United States (Annotated)

• Zero Privacy: Schools Are Violating Students' Fourteenth Amendment Right of Privacy Under the Guise of Enforcing Zero Tolerance Policies

The Fourteenth Amendment to the United States Constitution provides a right of privacy that protects against unwarranted governmental interference with an individual's contraceptive choices. This privacy right protects minors as well as adults. School officials serve as government actors for the purpose of the Fourteenth Amendment analysis. Zero tolerance drug policies are school disciplinary policies that mandate predetermined and frequently severe consequences for specific offenses, often including the possession of legally prescribed or legally obtained over-the-counter medication. Zero tolerance drug policies have resulted in the often very public discipline of students for possessing a wide array of otherwise legal medication, including birth control pills, without parental permiss...

• Washington Law Review
• Vol. 81 Nbr. 2, May 2006