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14th Amendment On Insurrection In Cook
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Cook
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US-000280
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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.
14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt | Constitution Center.
The provision disqualifies former government officials from holding office if they took an oath to support the Constitution but then betrayed it by engaging in an insurrection.
Engaging in Insurrection and Rebellion The U.S. Constitution does not define insurrection or rebellion.
The Fourteenth Amendment to the Constitution of the United States granted citizenship and equal civil and legal rights to anyone born in the United States or who became a citizen of the country. This included African Americans and slaves who had been freed after the American Civil War.
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 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 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.
However, presidential invocation of the act might not be necessary. Two constitutional powers also arguably authorize Congress to determine the occurrence of an insurrection by legislation: the Militia Clause and Section 5 of the Fourteenth Amendment.
The most common defensive use of constitutional rights is by criminal defendants. Persons may also assert constitutional rights offensively, bringing a civil suit against the government or government officials for a variety of relief: declarative, injunctive and monetary.