Questions tagged [fourteenth-amendment]

The Fourteenth Amendment to the U.S. Constitution deals with due process and equal protection and limits the actions of state and local officials.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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 deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

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What is the meaning of “and subject to the jurisdiction thereof” in the 14th amendment?

In the fourteenth amendment, what does the phrase “and subject to the jurisdiction thereof” contribute? What people born in the United States would not have been subject to the jurisdiction of the United States? All persons born or naturalized in…
adam.baker
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Can the insurrection clause be applied without a conviction by jury?

Folks are trying to keep Trump off the ballot because "he engaged in insurrection."  Now, let's NOT argue about whether he did or didn't.  What I'm interested in is judges saying he did AND applying consequences for doing so when he has neither been…
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Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

In Justice Roberts's ruling in Students for Fair Admissions v. Harvard College overturning affirmative action in the United States, he holds that "Harvard’s and UNC’s admissions programs violate the Equal Protection Clause of the Fourteenth…
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Is there any legal obligation to allow non-citizen parents to stay with their citizen children?

Recently, there has been quite a bit of uproar in the news about the citizenship (or lack thereof) of illegal immigrants' children born in the United States. Presuming that the courts decide that illegal immigrants' post-migration children are born…
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In the United States, when can someone legally search my personal laptop? (Government or private security)

Unlike the United Kingdom, U.S. citizens don't have an explicit right to privacy in the Constitution. Although there are implied privacy rights within "penumbras" of the Bill of Rights this has evolved into various laws that have changed depending…
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Is birthright citizenship protected under the Fourteenth Amendment?

I remember the citizenship clause of the United States being present in the 14th Amendment. Would changes to birthright citizenship require a formal amendment to the US Constitution?
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How deterministic are modern legal systems?

I am a software engineer trying to understand how judges make decisions in lawsuits. In computer and other sciences there is a concept of deterministic system: In mathematics and physics, a deterministic system is a system in which no randomness…
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Could the 14th amendment, section 3, keep Trump from holding office for a second term?

It seems widely agreed upon that even if a President breaks a law, he can only be removed from office through the impeachment process. However, could an incumbent president who wins a second term be kept from being seated due to the 14th amendment…
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Equal Protection and Samoan Credit Law

In American Samoa, a person of Samoan descent and a person of other descent are treated differently under bankruptcy law. Per A.S.C.A. § 43.1528(a): No real property of a Samoan may be subject to sale under a writ of a court to satisfy any judgment…
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How is state citizenship acquired and lost?

According to the 14th Amendment of the US Constitution, All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. I have questions…
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To what extent can a public college regulate the speech of its students?

My community college's "Student Rights" webpage states that the College District will not tolerate any discriminatory behavior on the part of its students. Now, I'm not advocating discrimination, but it seems to me that, in the context of speech,…
moonman239
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Has the constitutionality of day-fines been challenged in the US?

Day-fines are a type of fine, common in many European countries, in which the amount of the fine is based on both the severity of the offense and the income of the offender; thus, an investment banker will be fined more than a fast food worker for…
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Why was the due process clause added to the 14th Amendment?

The 5th Amendment and the 14th Amendment both have due process clauses. The texts are almost identical: The Fifth Amendment: [N]or shall any person . . . be deprived of life, liberty, or property, without due process of law . . . . The Fourteenth…
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Do atheistic men have the right to cover their heads (though not faces) with hijabs in mugshots in New York city?

In 2020, the NYPD reached a settlement with three Muslim women who were forced to remove their hijabs (which obscured their heads, but not their faces) for the purpose of having their mugshots taken…
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Would incorporation of a right through the Privileges or Immunities Clause apply to non citizens?

Justice Thomas in his concurring opinion in McDonald v. City of Chicago suggested incorporation of the Second Amendment should be through the Privileges or Immunities Clause of the Fourteenth Amendment. Justice Thomas wrote “the right to keep and…
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