An interpretation of the fourteenth amendment in regards to the abortion debate

Married Anders Hoveland said:

An interpretation of the fourteenth amendment in regards to the abortion debate

This principle of equal citizenship was at the core of the Republican vision for post-Civil War America. Inthe Supreme Court set out its own racialist vision of American identity in the infamous Dred Scott v.

Leading Law Journal: 14th Amendment Prohibits Abortion

Candidate Abraham Lincoln campaigned against the decision in and Two months later, Congress included birthright citizenship in its proposed Fourteenth Amendment. The only relevant exception today given that Native Americans no longer live in the same kind of tribal regime that existed in the s is for those who owe their allegiance to another sovereign, such as the children of foreign diplomats.

The Citizenship Clause also marked an important shift in American identity. The Citizenship Clause flipped this troubling script. Rather than deferring to the racist citizenship determinations of individual states, the Fourteenth Amendment made Americans citizens of the nation, first and foremost, and established a simple national rule for citizenship: By its own terms, the Citizenship Clause is not expressly limited to the relationship between citizens and governments; it can also be understood as having implications for the relationship between citizens themselves in certain situations—for example, in certain prominent public spaces, even if these public spaces are not, strictly speaking, owned by the government.

Under this equal-birth principle, the government may regulate its citizens in numerous ways using all sorts of legal distinctions—for example, between wage earners and dividend earners in the tax code, or between opticians and ophthalmologists in medical regulations.

But government may not penalize or degrade anyone born on American soil simply because he or she was born the wrong way—because, say, he was born black or she was born female, or he was born out of wedlock, or she was born gay.

Fourteenth Amendment to the United States Constitution - Wikipedia Original intent of the 14th Amendment The 14th Amendment to the U. Constitution reads in part:
Big Issues Pro The 14th amendment reads:
Select a Clause of the First Amendment Between andhe was an NGO representative to the United Nations, where he participated in negotiations for the Sustainable Development Goals. CatholicVote does not necessarily endorse or oppose this strategy, but we include this discussion to further the debate.
Select a Clause of the Fourteenth Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.
Fourteenth Amendment Overview[ edit ] In ancient times, abortion, along with infanticidewas considered in the context of family planninggender selection, population control, and the property rights of the patriarch. Then, as now, these discussions often concerned the nature of man, the existence of a soul, when life begins, and the beginning of human personhood.

This birth-equality principle stood in sharp contrast with the infamous Black Codes that many ex-Confederate states had enacted after the Civil War.

These laws—the paradigm evils that the Fourteenth Amendment was designed to eradicate—degraded African Americans simply because they were born with dark skin, reducing them to the status of second-class citizens.

Furthermore, Dred Scott itself situated citizenship in a broader context—defined not just by official state action, but also social meaning and practice.

The Reconstruction Congress passed several laws along these lines; however, the Supreme Court struck down some of them, reading the Fourteenth Amendment as only reaching actions by state governments.

Read the full discussion here. In the end, the Citizenship Clause is one of the richest single sentences in the entire Constitution, rivalling the Preamble in both theoretical depth and breadth. Here are just some of the many extraordinary things done by this extraordinary sentence: Second, the sentence establishes the priority of national citizenship; no matter what a state might say, anyone born in America under the American flag is an American.

An interpretation of the fourteenth amendment in regards to the abortion debate

Third, the sentence requires a state to treat any American who chooses to reside in that state as a full and equal state citizen.

The sentence thus makes emphatically clear that there is a right of any American to move to and remain in any state, no matter what a state might prefer. Fourth, the sentence in tandem with the sentence that follows affirms that an American citizen is entitled to all the basic civil rights—the privileges and immunities—of citizenship against both state and federal governments.

Seventh, and related, this birth equality idea clearly condemns a racial caste system in which light-skinned children are born lords and dark-skinned children are born serfs.

Eighth, the sentence goes far beyond race by condemning all sorts of other birth-based caste-like systems improperly exalting some and improperly degrading others because of birth status. The sentence thus explains why certain types of birth-based governmental discrimination are suspect laws based on race or sex or sexual orientation or illegitimacy whereas most other kinds of governmental line-drawing say, between opticians and ophthalmologists should not be viewed with comparable skepticism.

Ninth, the sentence focuses our attention on place, not parentage. Unlike the law of many European countries, in America the key issue of constitutional citizenship is based on the law of the soil, not the law of blood. The issue is where one was born, not to whom.

Anyone born in America under the American flag is a citizen, even if his parents are not citizens and indeed even if his parents are not here legally.

Amendment XIV - The United States Constitution

Yet Reconstruction Republicans in Congress doubtless were aware that some antebellum slaves had been smuggled into America illegally, in violation of various nineteenth congressional laws prohibiting transatlantic slave importation.

In multiple cases decided in the late nineteenth and the late twentieth century, the Supreme Court has recognized only three narrow exceptions to birthright citizenship: Anyone born on American soil under the American flag is an American.The debate over whether the 14th Amendment makes all of the protections of the Bill of Rights applicable to the states is one of the most important and longest-lasting debates involving interpretations of .

Wade () regarding abortion, Bush v. Gore () regarding the presidential election, and Obergefell v. During the original congressional debate over the amendment Senator Jacob M. Howard of Michigan—the author of the Citizenship Clause Wikimedia Commons has media related to Fourteenth Amendment to the United States Constitution.

Intent of the Fourteenth Amendment was to Protect All Rights. Jon Roland This seemingly simple language has given rise to endless controversy over its interpretation.

Recent Opinions

After further debate, the Fourteenth Amendment passed the Senate by a vote of 33 to The Fourteenth Amendment In Regards To The Abortion Debate Essay Words: Pages: 5 Paragraphs: 10 Sentences: 75 Read Time: Years ago when a women would get pregnant she would have a baby.

"In a previous debate, you said that the 14th Amendment is part of the collapse of this country." which would be better handled at the state level, so that some states may allow for abortion and others not -- and the 14th Amendment is the culprit here, too.

An interpretation of the fourteenth amendment in regards to the abortion debate

The Supreme Court's job is to keep the government in check with regards to our. Jan 16,  · Abortion and the Fourteenth Amendment Discussion in 'American Politics' started by Anders Hoveland, and somehow twisted and cavorted that to say that women have a 'right' to an abortion.

from the Fourteenth Amendment to the USA constitution: Home Forums > Discussion and Debate > Discussion and Debate > Politics > American Politics >.

Intent of the Fourteenth Amendment was to Protect All Rights