The Constitution Institute
Monday, April 24, 2017
Federalism * Enumerated Powers * Separation of Powers

Module 7 – Fourteenth Amendment Project

 

“1... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor to deny to any person within its jurisdiction the equal protection of the laws...

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5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. ” – Article XIV of Amendment, United States Constitution

 

Discussion

What motivated the 38th Congress to consider and ultimately adopt the Fourteenth Amendment?
 
Does the wording of the Fourteenth Amendment clearly convey the intent of the Congress that adopted it?
 
Has the practical application of the Fourteenth Amendment been uniformly consistent with Congress’ intent and the clear wording of the amendment?
 
If not, why not?
 
What does “incorporation” mean as applied to discussions regarding the Fourteenth Amendment?
 
How has “incorporation” been exercised by the federal judiciary?
 
Did the Congress that adopted the Fourteenth Amendment intend for “incorporation” to be the means of delivering the desired effect of the Amendment?
 
If not, then how did the Congress that adopted the Fourteenth Amendment intend to do so and why is that intention so clearly evident in the final product ratified by the states?
 
What does all of this mean in practical terms?
 
These questions and more will be answered by the Constitution Institute. When Americans truly understand the Fourteenth Amendment, they will demand that their elected leaders act to preserve the freedoms protected by the Constitution.