This was promptly declared unconstitutional by the Luzerne County Court, on the ground that it violated the Fourteenth Amendment
in that it discriminated between individuals of the same class--namely, children above fourteen years of age and children below.
The story of the Fourteenth Amendment
begins on December 4, 1865, the opening day of the 39th Congress.
Roe's claim of a Fourteenth Amendment
abortion right is even worse than unfounded.
Bingham promoted a constitutional basis for ending slavery, and it became the foundation for his composing section 1 of the Fourteenth Amendment
. He argued vigorously that section 2 should be interpreted as extending the protections of the Bill of Rights to both state and national citizenship.
do not provide strong evidence that the Fourteenth Amendment
The Fourteenth Amendment
extended citizenship and equal protection under the law to former slaves.
The extrasituational context of the Fourteenth Amendment
And yet, when we turn to the rights protected by the Fourteenth Amendment
there is not only the question of what rights it protects, but also the question of which clause of the amendment protects them.
In this reprint from 1998, Halbrook (Independent Institute), a legal scholar and attorney specializing in the Second Amendment, examines the origins of the Fourteenth Amendment
in the Reconstruction era, and related legislation designed to protect slaves, and how these civil rights laws were implemented.
Essentially, the framers of the Fourteenth Amendment
were "reconstituting" a U.S.
For you, the inapplicability of the Fourteenth Amendment
to "political" rights such as voting was part of the original understanding and remains binding on judges today.
Brown's suit was based on the "equal protection" clause of the Fourteenth Amendment