In that opinion, he wrote, "I consider that this Connecticut legislation, as construed to apply to these appellants, violates the Fourteenth Amendment. In his concurrence, he relies upon the rationale in his dissenting opinion in Poe v. Justice Harlan's Concurrence in GriswoldĪdditionally, it is important to note Justice Harlan's concurring opinion in Griswold, which found a right to privacy derived from the Fourteenth Amendment. The Court found that when one takes the penumbras together, the Constitution creates a “ zone of privacy.” The right to privacy established in Griswold was then narrowly used to find a right to privacy for married couples, regarding the right to purchase contraceptives. The Court used the personal protections expressly stated in the First, Third, Fourth, Fifth, and Ninth Amendments to find that there is an implied right to privacy in the Constitution. In Griswold, the Supreme Court found a right to privacy, derived from penumbras of other explicitly stated constitutional protections. Before Griswold, however, Louis Brandeis (prior to becoming a Supreme Court Justice) co-authored a Harvard Law Review article titled " The Right to Privacy," in which he advocated for the "right to be let alone." Griswold and the Penumbras In the context of American jurisprudence, the Supreme Court first recognized the “right to privacy” in Griswold v. Your browser does not support the audio element.There is a long and evolving history regarding the right to privacy in the United States. Listen to a recorded reading of this page:.Section 3 was put in to keep members of the Confederacy during the Civil War from holding office.The Equal Protection Clause was put in to stop states from implementing Black Codes which were separate laws for black people.Section 4 says that the federal government would not compensate former slave owners for the loss of their slaves.It is sometimes referred to as Amendment XIV.Interesting Facts about the Fourteenth Amendment Section 3 says that people who have participated in a rebellion against the government cannot hold a state or federal office. The amendment says that all people will be counted as a "whole number." Prior to the amendment former slaves were counted as three-fifths a person. Section 2 of the amendment describes how the state population would be counted in order to determine how many members of the House of Representatives each state would have. This clause has been used in several civil rights cases including the landmark case of Brown v. It was put there to make sure that every person (regardless of age, race, religion, etc.) would be treated the same by the government. The amendment also guarantees "equal protection of the laws." This is an important clause within the amendment. This is very similar to the due process mentioned in the Fifth Amendment, but here it applies to the state governments rather than the federal government. The amendment guarantees "due process" of law by the state governments. This means that there are some rights that the state governments cannot touch. The amendment guarantees that the states cannot take away the "privileges or immunities" of citizens that are given them by the Constitution. The Fourteenth Amendment makes it clear that the Bill of Rights also applies to the state governments. The exception to this is if that person lied in order to become a citizen.īefore the Fourteenth Amendment was passed, the Supreme Court said that the Bill of Rights only applied to the federal government, not the state governments. citizen, their citizenship cannot be taken away. The amendment also said that once a person becomes a U.S. citizens and were awarded the rights given to U.S. This was important because it ensured that the freed slaves were officially U.S. It says that anyone born in the United States is a citizen and has the rights of a citizen. The Fourteenth Amendment gives an important definition of a citizen of the United States. If you want to read the text of the amendment, go here. We will describe each section below, but won't list the entire amendment. The 14th Amendment is the longest amendment to the Constitution in number of words. It has proven to be an important and controversial amendment addressing such issues as the rights of citizens, equal protection under the law, due process, and the requirements of the states. It was ratified in 1868 in order to protect the civil rights of freed slaves after the Civil War. The Fourteenth Amendment is the longest amendment to the Constitution.
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