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.
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.
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.
A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
The three states that rejected the Amendment before later ratifying it were Georgia, North Carolina, and South Carolina. The two states that ratified the Amendment and later sought to rescind their ratifications were New Jersey and Ohio.
The Fifth and Fourteenth Amendments both contain a Due Process Clause, although the Fourteenth Amendment applies explicitly to the states.
The 14th Amendment also prohibited the states from denying to “any person the equal protection of the laws.” It also penalized states that denied suffrage to male citizens over the age of 21 by reducing population used for proportional representation and banned public officials who participated in insurrection or ...
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 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.
Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Fourteenth Amendment, Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. 82 Stat.