This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
14th Amendment Document Without Comments In California
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Multi-State
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US-000280
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FAQ
When an individual believes that either the federal government or a state government has violated their guaranteed equal rights, that individual is able to bring a lawsuit against that governmental body for relief.
In enforcing by appropriate legislation the Fourteenth Amendment guarantees against state denials, Congress has the discretion to adopt remedial measures, such as authorizing persons being denied their civil rights in state courts to remove their cases to federal courts, 2200 and to provide criminal 2201 and civil 2202 ...
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.
The drafters of the Fourteenth Amendment intentionally chose not to leave the enforcement of its provisions solely to the courts, but instead gave Congress authority to enact laws to enforce its requirements.
The compensation usually comprises economic damages (e.g., medical expenses and lost income), emotional distress damages, court fees, injunctive relief, attorney's legal fees, and equitable relief. Depending on your case, your financial settlement may range from thousands to millions of dollars.
A violation of 14th Amendment rights may lead to major leave remedies, including injunctions or damages awards. For example, if a government entity violates an individual's due process rights, the government entity may be required to return the seized property or other similar remedies.
Section 5 grants Congress the power to enforce the Amendment by "appropriate legislation." After adopting the Fourteenth Amendment, Congress passed legislation that criminalized insurrection. Today, this law is codified in 18 U.S. Code § 2383.
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 ...
Why was the Fourteenth Amendment controversial in women's rights circles? This is because, for the first time, the proposed Amendment added the word "male" into the US Constitution.
(a) A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws; provided, that nothing contained herein or elsewhere in this Constitution imposes upon the State of California or any public entity, board, or official any obligations or responsibilities ...