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Home » Perspective: The 14th Amendment in The 21st Century and Beyond

Perspective: The 14th Amendment in The 21st Century and Beyond

Published by admin on Mon, 05/01/2017 - 12:00am

Marcela A. Keim
By 
Marcela A. Keim
Presiding Judge, Douglas County Court

We live in a legal system shaped by the 14th Amendment. The 14th Amendment is arguably one of the most relevant and cited amendments of our constitution. Landmark legislation and U.S. Supreme Court decisions involving the amendments’ citizenship, due process and equal protection clauses have helped define the last 150 years of American society.

The ratification of the 14th Amendment in 1868 defined what it means to be an American citizen. It granted citizenship to “all persons born or naturalized in the United States” and enumerated the privileges and immunities that all people shall enjoy as a result of such a designation.

The 14th Amendment also defined the relationship between the federal government and the states. The amendment requires that all laws must be equally enforced against any persons within the states’ jurisdiction. Furthermore, the final lines of the first section provide that no state shall “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.

The ever evolving political climate and composition of our country ensures that the first section of the 14th Amendment will continue to be the cornerstone of continued debate, legislation and judicial decisions. Legal scholars, lawmakers and members of the judiciary ought to keep in mind the history and legacy of the Amendment as they shape the next 150 years of our great nation. Laws enacted today and interpreted by our courts tomorrow will inevitably shape our future as well as the future of our country both within its borders and beyond.

This signed article was written at The Daily Record’s invitation to underscore the theme of Law Day 2017.

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