14th Amendment On Insurrection In Cuyahoga
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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.
The amendment was limited by the fact that the Supreme Court largely ignored the Black Codes and did not rule on them until the 1950s and 1960s, almost a century after they were passed.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Fourteenth Amendment, Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. 82 Stat.
The Fourteenth Amendment only applies to actions by state governments (state actions), not private actions. Consider, for example, Obergefell, which involved the fundamental right to marry. Some state laws interfered with that right. The state law is a government action.
Finally, it granted Congress the power to enforce this amendment, a provision that led to the passage of other landmark legislation in the 20th century, including the Civil Rights Act of 1964, and the Voting Rights Act of 1965.
14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt | Constitution Center.
The Fourteenth Amendment of the U.S. Constitution contains a number of important concepts, most famously state action, privileges or immunities, citizenship, due process, and equal protection—all of which are contained in Section One.
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.
What does the Constitution say about insurrection? Section 3 of the Fourteenth Amendment prohibits former government officials from holding public office again if they have "engaged in insurrection or rebellion" against the United States government.
