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.
Yes, immigrants are protected by the U.S. Constitution. The brief answer is “Yes.” When it comes to key constitutional provisions like due process and equal treatment under the law, the U.S. Constitution applies to all persons – which includes both documented and undocumented immigrants – and not just U.S. citizens.
(the Due Process Clause requires the prosecution to prove beyond a reasonable doubt all of the elements included in the definition of the offense of which the defendant is charged; thus, when all of the elements are not included in the definition of the offense of which the defendant is charged, then the accused's due ...
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.
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.
An amendment to the Texas Constitution proposed by an adopted joint resolution requires approval by Texas voters at a general election. The secretary of state conducts a drawing to determine the order in which the proposed constitutional amendments will appear on the ballot.
This has all been changed through judicial interpretation of the Due Process Clause of the Fourteenth Amendment: "No state shall deprive any person of life, liberty or property without due process of law." Here is a national guarantee, ultimately enforceable by the United States Supreme Court, of the individual's ...
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 amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
Section Five of the Fourteenth Amendment vests Congress with the authority to adopt “appropriate” legislation to enforce the other parts of the Amendment—most notably, the provisions of Section One.