An analysis of american reconstruction and the 14th amendment

The people mythically erected the Constitution that delegated power to each of the components of a distant government, and they participated from afar in the selection of their representatives.

Under Black Codes, blacks could not sue, give evidence, or be witnesses. The vision of the Amendment is not of a nation in which all may own arms but of one in which all are in fact armed. If there was any ambiguity to the meaning Bingham attached to the privileges and immunities of United States citizens, he clearly removed all ambiguity on May 14, by specifically declaring the language to be the same limitation upon the States as was placed upon Missouri in Republican ideology, Levinson suggests, supports the right to revolution, but apparently does not concern itself with the right to self-defense.

Fourteenth Amendment to the United States Constitution

More importantly, it was critical that the militia be somehow universal; otherwise force would belong only to a slice of the population. Personal Right to Self-Defense The republican tradition does not support a personal right to own arms for self-defense.

While both Stevens and Sumner ostensibly advocated black suffrage in the South on the simple principle of racial equality, some of their comments suggest political and economic motives as well.

But this response would misconceive the fundamentally political nature of gun ownership by construing it as an individual right and responsibility. As a result, under modern conditions, the literal wording of the Second Amendment is meaningless. After some persistence on Bingham's part, the Committee of Reconstruction approved his February omnibus proposal that read: As a result, without the African-American vote in the Southern states Grant would probably have received fewer popular votes than Seymour, although the general would still have won a majority of the electoral votes.

The Amendment may give states the right to block efforts of the federal government to dismantle their militias.

Reconstruction Amendments

This is why it was imperative for the first section to begin with a definition of citizenship so that no State could refuse recognition of newly freed slaves as U.

It is interesting to point out here is that when the Civil Rights Act of was passed, many radicals did not want it to be enforced right away but Democrats did. A "Second Reconstruction", sparked by the Civil Rights Movementled to civil rights laws in and that ended segregation and re-opened the polls to blacks.

First, she maintains that the "republican argument for arming the citizenry is most powerfully elaborated not by the English thinkers Levinson cites, but in that passionate republican work, Machiavelli's Discourses on the First Decade of Titus Livius. When you come to weigh these words, "equal and exact justice to all men" go read, if you please, the words of the Constitution itself: The Due Process Clause of the Fourteenth Amendment applies only against the states, but it is otherwise textually identical to the Due Process Clause of the Fifth Amendmentwhich applies against the federal government; both clauses have been interpreted to encompass identical doctrines of procedural due process and substantive due process.

But republican theory does not, in the absence of a virtuous citizenry, give up. The right to personal liberty, or freedom of person, means freedom from bodily restraint either by imprisonment or detention without just cause under the general law of the land of the State.

But they have no bond to the rest of the republic; indeed, they suspect that most others will, and perhaps should, perish in the coming conflagration. But they will make denial. This armato populato did have one limit: It does not prohibit you from discriminating, between citizens of the same race, or of different races, as to what their rights to testify, to inherit, etc.

Primary Documents in American History

Neither can be virtuous unless the other is. Because state and society depended on each other, if either began to lose virtue, each would quickly corrupt the other.

But state bills of rights were not a limit on Congress' ability to tamper with state militias; they were a limit on state governments' ability to tamper with citizens. Goreregarding the presidential election. The rate of damage in smaller towns was much lower—only 45 courthouses were burned out of a total of They also were punished more harshly than whites.

It has drawn attention to the Second Amendment as a subject for scholarly analysis, [8] and it has attracted the notice of no less a popular pundit than George Will at a time when the federal government is seriously discussing nationwide gun control.

During this period of political struggle, the rate of lynchings in the South reached an all-time high. The knife is one of mankind's oldest tools and weapons. It is not to transfer the laws of one State to another State at all. It had been judicially determined that the first Eight Amendments of the Constitution were not limitations on the power of the States, and it was apprehended that the same might be held of the provision of the second section, fourth article.

Nebraska[88] the Court stated that the "liberty" protected by the Due Process Clause [w]ithout doubt Despite fundamentally differing views concerning the coverage of the Privileges or Immunities Clause of the Fourteenth Amendment, most notably expressed in the majority and dissenting opinions in the Slaughter-House Casesit has always been common ground that this Clause protects the third component of the right to travel.

The definition given to the term "civil rights" in Bouvier's Law Dictionary is very concise, and is supported by the best authority. They rendered valueless all Confederate bonds and currency.

civil rights

But the state alone was truly universal and could constitute the militia as a universal organization. Neorepublicans have offered some possible answers, but they go only part of the way--and under present conditions can not go further--toward reconstructing a republican militia-surrogate. This is effected by the well-know law of habeas corpus.

Analysis of American Reconstruction and the 14th Amendment

Such expenditures were another unfair unbalanced budget item to Southerners.derivation of national citizenship, the Fourteenth Amendment did not obliterate the distinction between national and state citizen-ship, but rather preserved it.6 The Court has accorded the first sentence of §1 a construction in accordance with the congressional.

During Reconstruction, three amendments to the Constitution were made in an effort to establish equality for black Americans. The Thirteenth Amendment, adopted inabolishes slavery or. (Ironically, the failure of Reconstruction after led more or less exactly to this result, as the Fourteenth Amendment largely failed to.

The Reconstruction Amendments are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, adopted between andthe five years immediately following the Civil War.


Analysis of American Reconstruction and the 14th Amendment. Analysis of American Reconstruction and the 14th Amendment Legal scholar Gene Healy has made a powerful argument in favor of abolishing the Fourteenth Amendment to the US Constitution. Textbook Solutions Master the problems in your textbooks.

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An analysis of american reconstruction and the 14th amendment
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