The Due Process Clause can only be applied to the states, but it is nearly identical to the 5th Amendment’s Due Process Clause, which applies solely to the federal government. The Due Process Clause of the 14th Amendment refers to the fact that the people of each state are entitled to make their own laws and change them if and when it is necessary to do so. This clause has been relied upon in several cases to rule against those who discriminate against others irrationally or unnecessarily. The Equal Protection Clause, on the other hand, requires that each state give all citizens within its jurisdiction equal protection under the law. Put another way, these rights cannot be stripped from a person before he is given a proper trial wherein it is determined that he deserves to lose these rights. The Due Process Clause prevents state and local governments from depriving a person of his rights to life, liberty, or property without first receiving permission to do so from a legislative authority. Congress has the authority to stop or resolve rights violations that have a legal precedent, but the remedies have to be proportionate to the violations.The first section of the 14th Amendment is made up of several clauses, including the Due Process Clause and the Equal Protection Clause. Congress does not have the power to regulate the private conduct of citizens, but it can regulate actions by state and local governments. Since this time, however, decisions have been more conservative, giving Congress less authority in regulation. In 1879, the Supreme Court gave Congress significant authority. Debate and controversy have been high regarding the scope of power given to Congress by this section. ![]() This clause gives Congress the power to pass appropriate laws to enforce all of the provisions of this amendment. The power of enforcement is outlined in Section 5 of the 14th Amendment. This section was put in place to prevent the Confederacy's war and emancipation debts from impacting the reunited country. Section 4 serves to legitimize the public debt that Congress appropriates. The houses of Congress can vote to override this if two-thirds of the votes are in favor. Section 3 of the 14th Amendment focuses on rebellion, prohibiting anyone from being elected or appointed to a state or federal office after engaging in rebellion or treason. The only adult male citizens who were denied the right to vote were those convicted of crimes. Section 2 of the 14th Amendment removed this law from the Constitution, giving freed slaves full weight as citizens. Called the three-fifths compromise, this agreement stated that every five slaves would be counted as three people when determining population for the number of representatives and taxes owed. In 1787, delegates of the Constitutional Convention had reached a compromise for determining the number of representatives each state would have in the U.S. When originally passed, the 14th Amendment was designed to grant citizenship rights to African-Americans, and it states that citizenship cannot be taken from anyone unless someone gives it up or commits perjury during the naturalization process. Due process of law means that legal proceedings have to be fair and that citizens need to be given notice and a chance to be heard before any rulings are made. States cannot deprive citizens of life, liberty, or property without due process of law. This section also covers the limitations of state laws, which cannot supersede federal laws that govern citizens. The first section introduces the citizenship law for all people born in the country or naturalized. ![]() It was not until 1924 that Congress passed the Indian Citizenship Act, which granted Native Americans citizenship rights as well. Initially, Native Americans were not granted citizenship by this amendment because they were under the jurisdiction of tribal laws. To be readmitted to the Union after the Civil War, southern states had to ratify the 14th Amendment. Some southern states began actively passing laws that restricted the rights of former slaves after the Civil War, and Congress responded with the 14th Amendment, designed to place limits on states' power as well as protect civil rights. The 14th Amendment states that every person born or naturalized in America is a citizen of the country as well as their state of residence. This amendment and the 13th and 15th amendments were a part of the Reconstruction Era of the United States, which focused on civil rights and rebuilding the war-torn nation. Just more than three years later, on July 9, 1868, the 14th Amendment to the U.S.
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