14th Amendment On Insurrection In Kings
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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.
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.
The original Constitution didn't define citizenship, nor did it give any guarantees of equality. But the 14th Amendment enabled any group of Americans to turn to the Federal government if they faced discrimination and gave them the legal tools to demand redress, just as King did on that December night in Alabama.
The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
The Fourteenth Amendment, particularly Section 1's wording of due process and equal protection, would be extensively used in the 20th and early 21st centuries, such as the Supreme Court decisions of Brown v. Board of Education of Topeka (racial discrimination in public schools unconstitutional), Loving v.
Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...
The original Constitution didn't define citizenship, nor did it give any guarantees of equality. But the 14th Amendment enabled any group of Americans to turn to the Federal government if they faced discrimination and gave them the legal tools to demand redress, just as King did on that December night in Alabama.
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.
