14C6 The Fourteenth Amendment Research focus questions : 1. What impact did your amendment have on society at that time? (I.S)
The impact of the 14th amendment at that time was that the amendment grants citizenship to "all persons born or naturalized in the United States" which included former slaves who had just been freed after the Civil War.
It overruled a prior ruling that African Americans could not be US citizens. Also, it prohibited state and local governments from denying persons of life, liberty, and property without due process of law. Finally, it guaranteed all citizens equal protection under the law, http://www.pbs.org/wnet/jimcrow/stories_events_14th.html
1. Why was amendment 14 important? (NK)
Amendment 14 was important for many reasons. First off it is important because of the Citizenship Clause. The Citizenship Clause granted citizenship to all persons born or naturalized in the U.S. This means that if someone is born in the U.S. or somewhere incorporated with the U.S. then they are granted citizenship. This citizenship allows people of the U.S. to become senate, president and really apart of any part of government. If the parent or guardian was not a citizen of the U.S. but you were still born in the U.S. then you are still considered a citizen of the U.S.
2. Which of the states allowed this amendment to pass? (NK)
There were a lot of back and forth between this amendment. The first states to ratify this amendment were mostly the northern states. Then the south east states then decided to decline these states. But after a while of thinking from all of these states they decided to ratify it. More and more states started to ratify and pick up this amendment. Finally the last sates to decline this were Texas, Kentucky. Mississippi, Virginia, Maryland and Delaware. Although they declined it, they wanted it in the end so they ratified it. Then the amendment got ratified.
Blue: First states to ratify this amendment in 1866-1868Teal: States the declined this amendment but then ratified it in 1868Pink: States to decline this amendment then ratified it in 1869
3. Why did Congress make this amendment? (NK)
Congress made this amendment because of the slaves. Since the Civil War just ended and now slaves were able to be free they made an amendment on it. A lot of southern states did not like this amendment because they used slaves for everything so they are the states that basically rejected this amendment. Obviously the Northern states didn't care because they rarely used slaves for anything and sometimes didn't even have them. A lot of women tried to take advantage of this law to proclaim their right to vote but it didn't happen.
4. Does citizenship at birth be repelled by legislation? (NK)
No it can not. The right to citizenship at birth will always be in our Constitution and can not be taken away. Although citizenship at birth has been firmly established in our Constitution for over 150 years, some lawmakers have introduced bills in Congress to deny citizenship to the U.S.-born children of undocumented immigrants. Almost universally, legal scholars and historians have repudiated the notion that politicians can deny citizenship to children born in the United States through simple legislation. Similarly, no judicial court has endorsed this misguided theory.
5. In the 14th amendment, what does it mean by you have to be natural born to become a U.S. citizen? (NK)
A common misunderstanding of “natural born” citizenship comes from the Fourteenth Amendment, but a strict reading of the fourteenth amendment is quite clear that this only conveys an at birth naturalized citizenship. Those born in the United States at the time of adoption and afterwards were only citizens. Those who wrote the amendment knew exactly what they were doing. Because of the distinctive use of “natural born citizen” and “citizen,” in Article II, Section 1 the simple fact that being born in the United States does not make one a “natural born citizen,” it only makes one “a citizen.” http://birthers.org/USC/14.html
6. Does the 14th Amendment guarantee citizenship for children born in the United States whose parents are not U.S. citizens? (I.S)
Yes, the 14th amendment includes even if the parents aren’t US citizens their child, born in the US, is still granted citizenship. This was established over 100 years ago by the U.S. Supreme Court. In 1898, a decision of the United States Court held that a person born in San Francisco to Chinese parents who, at that time were not allowed to become a U.S. citizen automatically became one at the time of his/her birth.
The 14th amendment, had been passed by Congress in 1866, ratified in July 1868 it was created so all people born or living in the United States are citizens and should be treated equally under the law. The amendment resolved pre-Civil War questions of African American citizenship by making sure that “all persons born or naturalized in the United State are citizens of the United States and of the state in which they reside."
John Armor Bingham (January 21, 1815 – March 19, 1900) was an American Republican congressman from the U.S. state of Ohio. He is the principal framer of the 14th to the to the United States constitution.
He took the lead in making the 14th Amendment of the Constitution, and he authored its guarantee that no state shall “deny to any person within its jurisdiction the equal protection of the laws.”
The 14th Amendment to the United States Constitution was ratified. With the exception of Tennessee, the Southern states refused to ratify the Fourteenth Amendment. Although the majority of Southern states rejected this amendment, it was still ratified because the necessary three-fourths of the states had agreed to pass it. In addition to making sure th ere was equality for all people no matter what color of their skin was, the 14th amendment forbid any state to deny someone the right to be given a fair chance with issues of life, property and due process no matter how they looked.
10. According to the 14th amendment who is considered a citizen? (I.S)
There three ways for a person claim citizenship. The first one is “the right of the soil,” which is the physical location your place of birth. The second is what is called “the right of blood,” which you inherit from your parents. The third is a combination of "the right of the soil" and " the right of blood", and it is this combination that determines if one is a natural born citizen.
The Fourteenth Amendment
Research focus questions :
1. What impact did your amendment have on society at that time? (I.S)
The impact of the 14th amendment at that time was that the amendment grants citizenship to "all persons born or naturalized in the United States" which included former slaves who had just been freed after the Civil War.
It overruled a prior ruling that African Americans could not be US citizens. Also, it prohibited state and local governments from denying persons of life, liberty, and property without due process of law. Finally, it guaranteed all citizens equal protection under the law,
http://www.pbs.org/wnet/jimcrow/stories_events_14th.html
1. Why was amendment 14 important? (NK)
Amendment 14 was important for many reasons. First off it is important because of the Citizenship Clause. The Citizenship Clause granted citizenship to all persons born or naturalized in the U.S. This means that if someone is born in the U.S. or somewhere incorporated with the U.S. then they are granted citizenship. This citizenship allows people of the U.S. to become senate, president and really apart of any part of government. If the parent or guardian was not a citizen of the U.S. but you were still born in the U.S. then you are still considered a citizen of the U.S.
http://www.nolo.com/legal-encyclopedia/content/14th-amend-doc.html
2. Which of the states allowed this amendment to pass? (NK)
There were a lot of back and forth between this amendment. The first states to ratify this amendment were mostly the northern states. Then the south east states then decided to decline these states. But after a while of thinking from all of these states they decided to ratify it. More and more states started to ratify and pick up this amendment. Finally the last sates to decline this were Texas, Kentucky. Mississippi, Virginia, Maryland and Delaware. Although they declined it, they wanted it in the end so they ratified it. Then the amendment got ratified.
https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
3. Why did Congress make this amendment? (NK)
Congress made this amendment because of the slaves. Since the Civil War just ended and now slaves were able to be free they made an amendment on it. A lot of southern states did not like this amendment because they used slaves for everything so they are the states that basically rejected this amendment. Obviously the Northern states didn't care because they rarely used slaves for anything and sometimes didn't even have them. A lot of women tried to take advantage of this law to proclaim their right to vote but it didn't happen.
http://www.americaslibrary.gov/jb/recon/jb_recon_revised_2.html
4. Does citizenship at birth be repelled by legislation? (NK)
No it can not. The right to citizenship at birth will always be in our Constitution and can not be taken away. Although citizenship at birth has been firmly established in our Constitution for over 150 years, some lawmakers have introduced bills in Congress to deny citizenship to the U.S.-born children of undocumented immigrants. Almost universally, legal scholars and historians have repudiated the notion that politicians can deny citizenship to children born in the United States through simple legislation. Similarly, no judicial court has endorsed this misguided theory.
https://www.aclu.org/frequently-asked-questions-defending-citizenship-under-14th-amendment-us-constitution
5. In the 14th amendment, what does it mean by you have to be natural born to become a U.S. citizen? (NK)
A common misunderstanding of “natural born” citizenship comes from the Fourteenth Amendment, but a strict reading of the fourteenth amendment is quite clear that this only conveys an at birth naturalized citizenship. Those born in the United States at the time of adoption and afterwards were only citizens. Those who wrote the amendment knew exactly what they were doing. Because of the distinctive use of “natural born citizen” and “citizen,” in Article II, Section 1 the simple fact that being born in the United States does not make one a “natural born citizen,” it only makes one “a citizen.”
http://birthers.org/USC/14.html
6. Does the 14th Amendment guarantee citizenship for children born in the United States whose parents are not U.S. citizens? (I.S)
Yes, the 14th amendment includes even if the parents aren’t US citizens their child, born in the US, is still granted citizenship. This was established over 100 years ago by the U.S. Supreme Court. In 1898, a decision of the United States Court held that a person born in San Francisco to Chinese parents who, at that time were not allowed to become a U.S. citizen automatically became one at the time of his/her birth.
https://www.aclu.org/frequently-asked-questions-defending-citizenship-under-14th-amendment-us-constitution
7. When was the amendment ratified? (I.S)
The 14th amendment, had been passed by Congress in 1866, ratified in July 1868 it was created so all people born or living in the United States are citizens and should be treated equally under the law. The amendment resolved pre-Civil War questions of African American citizenship by making sure that “all persons born or naturalized in the United State are citizens of the United States and of the state in which they reside."http://www.history.com/this-day-in-history/14th-amendment-adopted
8. Who created the 14th amendment? (I.S)
John Armor Bingham (January 21, 1815 – March 19, 1900) was an American Republican congressman from the U.S. state of Ohio. He is the principal framer of the 14th to the to the United States constitution.
He took the lead in making the 14th Amendment of the Constitution, and he authored its guarantee that no state shall “deny to any person within its jurisdiction the equal protection of the laws.”
http://opinionator.blogs.nytimes.com/2013/09/17/the-father-of-the-14th-amendment/?_r=0
https://en.wikipedia.org/wiki/John_Bingham
9.Which states were against this amendment? (I.S)
The 14th Amendment to the United States Constitution was ratified. With the exception of Tennessee, the Southern states refused to ratify the Fourteenth Amendment. Although the majority of Southern states rejected this amendment, it was still ratified because the necessary three-fourths of the states had agreed to pass it. In addition to making sure th
ere was equality for all people no matter what color of their skin was, the 14th amendment forbid any state to deny someone the right to be given a fair chance with issues of life, property and due process no matter how they looked.
http://www.legalmatch.com/understanding-14th-amendment.html
10. According to the 14th amendment who is considered a citizen? (I.S)
There three ways for a person claim citizenship. The first one is “the right of the soil,” which is the physical location your place of birth. The second is what is called “the right of blood,” which you inherit from your parents. The third is a combination of "the right of the soil" and " the right of blood", and it is this combination that determines if one is a natural born citizen.
http://birthers.org/USC/14.html