14.1: Introduction

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AMENDMENT XIV-Section I:

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. 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 the due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (Hall & Feldmeier, p.604, 2017).

The historical review of the 14th Amendment of the United States Constitution ratified July 9, 1868 is provided in a fashion to answer one question. That is, since the inception of the 14th Amendment, why has it taken nearly 100 years for social and criminal justice to gain a foothold in public policy? The purpose of the following text is submitted for the sole purpose of energizing intellectual thought. In preparation for your final course assessment. Who can tell me what if any significant events occurred in the mid 1860’s? Yes, that is correct this country was just emerging from one if the most conflict-ridden clashes executed in America.

Arguably, the bloodiest conflict ever taken place on American soil was the Civil War. Some may argue the Native American Indian massacres are equal to if not greater than the former aggression based on the magnitude of outcomes. These two historical maladies are not mutually exclusive. On the one hand the Civil War was a conflict dealing with states’ rights to include the right to control slavery. The privilege of the larger wealthy and powerful to force labor and inequality from the less powerful group for the benefit of the more authoritive. The latter was the taking of native land, disavowing property rights, while rationalizing government sanctioned genocide. The property interest rights of Native Americans were well established prior to the influx of the European population. The property interests of Native American Indians is propositioned upon consideration of equal status as their European counterpart. Both events occurred as a result of a mindset asserting authority of one group over another. However, these remain salient elements of this examination and is provided for intellectual incitement.

At this juncture you are undoubtedly questioning what in the world does the Fourteenth Amendment have in common with power and authority? Patience my mindful practitioners, your final assessment question is forthcoming but first let us collectively examine what we know. The 13th, 14th, and 15th Amendments are regularly expressed as Reconstruction Amendments to the U.S. Constitution.The Thirteenth Amendment (1865) abolished slavery, presumably freeing the Negro; The Fourteenth Amendment (1868) providing due process and equal protection of laws, two of four substantial sections that is significant to this discussion; and the Fifteenth Amendment (1870) citizens shall enjoy all rights, regardless of race or color or previous condition of servitude (Hall & Feldmeier, 2017). The 14th Amendment was a bitterly debated amendment due to the citizenship rights of equal protection of the laws set forth during post-Civil War. This amendment contains several clauses to include: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause and the Equal Protection Clause all of which are posted in the forefront of the first section of the amendment.