Pros And Cons Of The 14th Amendment

Superior Essays
As the dust settled after the Civil War, the United States looked to rebuild and bring back together their broken country. In the South, the people were defeated and under the control of the North which resulted in the lives of the freed slaves becoming somewhat improved. But it was not long after that the ex-confederate states started to revert to their ways of treating the blacks as inferior. They passed a series of laws to attempt to restrict black’s freedom and continue to keep them as a workforce, known as the “Black Codes”, such as a law passed in Missouri which forced black adults to have a job or go to jail until able to pay a fine. This debt would then be paid off by a white who could use the jailed person for labor, therefore essentially …show more content…
Doug Hammerstromm, an attorney at law, gives the statistic that “Of the 150 cases involving the Fourteenth Amendment heard by the Supreme Court ... 15 involved blacks and 135 involved business entities”. What started these cases was when railroads in Illinois complained to the state that the taxes on them violated due process because corporations were taxed differently. Next, Kentucky railroads complained of the same thing, and also claimed that corporations can be classified as “persons” under the 14th Amendment. Businesses gained the title and protection of being a person after Chief Justice said “(t)he court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are of that opinion that it does”. This resulted in the taxes being lifted (Hammerstromm). The 14th Amendment was not only not effective in protecting the rights of blacks, it resulted in the courts granting more shields for corporations and …show more content…
As mentioned before, blacks held jobs that provided little to no pay. Also the jobs were more often the most dangerous tasks that people would be asked to do. A claim that resurfaces multiple times throughout the history of Jim Crow laws is that both white and black people have the same opportunity, in this case an occupation, but time and time again it is not equal. This is also seen when it comes to education systems in place during the time period. Public schools for black children were opened for the first time after the civil war, but the conditions of the schools were atrocious. The buildings, much like every other building designated for “colored”, were in no way close to the conditions of the buildings that the white students attended. The schools received less funding, the teachers were not as adequate as others, and the children learned less, if anything at all. This sets up a foundation for the black race to stay at a disadvantage. Even at a higher level of education, such as in the case of Berea College V. Kentucky, laws forbid white and black students in the same classroom, even though the college accepted both students. The idea of segregation in education at all levels was not equal, even if the institutions were available. An example of other buildings being segregated causing blacks hardship is the case

Related Documents

  • Improved Essays

    In the early 1900’s, African Americans were faced with Jim Crow laws that created racial segregation in the United States, specifically the southern states. In The Immortal Life of Henrietta Lacks, by Rebecca Skloot, the protagonist, Henrietta was deprived of equal medical, legal, and educational services. The new historicism theory illustrates how African Americans were not given equal opportunities to medical attention, legal action and educational services needed as a result of Jim Crow laws. Henrietta is not given proper medical treatment because Jim Crow laws prevent her from receiving the treatment she needs. Henrietta noticed that she was unwell, and sought out her friends before seeking professional treatment, “‘I got a knot on…

    • 973 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The Bill of rights was added to the constitution in 1791 to ensure limited government and protect the right of the American people from the national government. The addition of the 14th amendment in 1868 required the states to also guarantee citizens their due process rights and equal protection of the law. The bill of rights has protected and expanded the rights of the citizens of the united states. In the picture with the man burning the flag is supposed to resemble the Texas v Johnson case of 1989 the court ruled in favor of Johnson because they believed that the bill of rights protects a person’s right of expression as long as it does not harm anyone else.…

    • 220 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The south’s black codes started during the reconstruction era, when the blacks were freed from slavery. The southern whites did not like how the recently freed blacks had the same amount of rights they had, so legislatures across the south passed black codes. Black codes are laws intended to restrict the freedom and opportunities of African Americans (Hart, 135). The codes restricted the black to have very few rights, such as owning land, marry file lawsuits and work for wages. the codes also enforced workers for former slave owners by requiring former slaves to sign yearly labor contracts, and if they did not they would be forced to work for free.…

    • 309 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    14th Amendment Dbq

    • 287 Words
    • 2 Pages

    In July of 1868, the 14th Amendment was passed, this amendment gave citizenship for all persons born in the United States. This amendment empowered the federal government to protect the rights of all Americans; there was subsequently legal equality. Although this amendment did not give African Americans the right to vote, it did articulate if a state denied the vote from any group of men, their representation in congress would be reduced. Of course, there are other assets the amendment proposed as well. Throughout history, this amendment has played a huge role in the advancement of American society.…

    • 287 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Dbq Black Codes

    • 723 Words
    • 3 Pages

    BLACK CODES The black codes are laws that were passed by southern states in 1865 and 1866, after the civil war. These particular laws had the intent and the effect of restricting African Americans freedom and of compelling them to work in a labor economy based on low wages or debt. The enforcement and impact of the black codes were restrictive and widespread enraged many in the north, who argued that the codes violated the fundamental principles of free labor ideology. The presidential reconstruction era helped the 14th amendment and 15th amendment to be allowed for all blacks within the southern and northern to vote without being judge about their background and appearances and equal protection of the constitution to former slaves before they could rejoin the union.…

    • 723 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    14th Amendment Dbq

    • 868 Words
    • 4 Pages

    The fourteenth amendment was one of great change and controversy. The amendment addressed equal protection of the laws, due-process of law, and citizenship . In section one of the 14th amendment it states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…

    • 868 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    In the case of the Supreme Court vs. the Affordable Healthcare Act, “The [Healthcare Act] require[d] that certain individuals pay a financial penalty for not obtaining health insurance [because it can be] reasonably characterized as a tax because the Constitution permits such a tax...” (Liptak, 2012). The Affordable Healthcare Act hinged on an interpretation of the Commerce and Taxation clause of the Constitution. Chief Roberts used this clause as a way to explain how the Constitution permits a tax to be passed because of Congress’s power to regulate taxes found in Article 1, Section 8, Clause 1. The 14th Amendment after much iteration passed through Congress and was adopted on July 9th, 1868; it helped overrule the Supreme Court’s 1857…

    • 1481 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Justice Frankfuter has said that the fourteenth amendment does not incorporate none of the provisions included in the Bill of Rights. This amendment only requires that states abide by simple regulations of fairness for citizens and it can be said that these ideals can also be found in the bill of rights, but does not really relate to the rules in the amendment. It was a hot debate between Brennan, Black, and Frankfuter as far as their own personal opinions were concerned. Focusing on Justice Black in particular, he was a man who believed immunities and priviliges of citizens first was used against the States when the fourteenth amendment was born. Contrary to the idea, The Bill of Rights wasn’t entirely for the citizens when focusing on the provisions it included.…

    • 1437 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Amendment 14 Dbq

    • 793 Words
    • 4 Pages

    Amendment fourteen was the first step for equality of the people. “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...; 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(Amend. 14 Sec 1). ” This quote shows, If someone of a different color was born in the United States they wouldn’t get equal rights because they have a different colored skin.…

    • 793 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    African Americans have a background marked by battles due to bigotry and preferences. As far back as the finish of the Civil War, they attempted to profit by their full rights that the Constitution guaranteed. The fourteenth Amendment, which characterized national citizenship, was passed in 1866. Despite the fact that African Americans were guaranteed citizenship, they were as yet regarded as though they were unequal. The South had a greatly troublesome time tolerating African Americans as equivalents, and did anything they could to keep the integration of all races.…

    • 1768 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Former slaves left their plantation in seek of paying jobs and find their family members that were separated. Black men were largely confined to farm work, unskilled labor, and service jobs, and black women to positions in private homes as cooks and maids. [1] President Johnson also made it difficult for African-Americans because he tried to pass laws known as the black codes, in order to limit the freedom of former slaves. The codes banned black people from possessing firearms, making or selling liquor. They were also denied the rights to testify against whites, to serve on juries or in state…

    • 528 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In order to prevent the race as a whole from gaining economic, social, legal, and political power, certain laws, known as the Jim Crow Laws, were established. These laws entrenched regulations on the black race’s job availability. African Americans were given the worst jobs with the lowest pay, while the higher paying, more “suitable” jobs were reserved for whites only. These restrictions helped ensure that the white race would remain dominant in society. Socially, blacks and whites were strictly separated.…

    • 1257 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Essay On 14th Amendment

    • 1267 Words
    • 6 Pages

    The 14th Amendment is a very important to how society runs, and it is…

    • 1267 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    Often African Americans were forced to attend segregated schools and they could only go to segregated hospitals,” (Appleby et all, 392). Segregation lived on for many years because of the “Separate but Equal” Doctrine introduced in Plessey v.…

    • 1142 Words
    • 5 Pages
    • 5 Works Cited
    Superior Essays
  • Improved Essays

    Primordialism Essay

    • 1125 Words
    • 5 Pages

    The Jim Crow Laws was a legalized way to separate people based on their skin color. This was a very strict law making the lives of African Americans and other dark skinned people suffer, and facing persecution of the White people and even policemen. For instance, the “Little Rock Nine” in Little Rock, Arkansas is a primary example of how unfair the treatment was, affecting how a Black student experiences going to high school. The very few Black students could not integrate in the school, they faced massive discrimination and mistreatment. In addition, if there was a school for White people near a Black student’s home, the student could not go to the school, they would have to attend a school for Black people, even if it meant walking five more blocks.…

    • 1125 Words
    • 5 Pages
    Improved Essays