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FAQs

What is the 14th Amendment in simple terms? ›

Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...

What is the Article 14 of the Constitution? ›

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.

How does the equal protection clause protect individual rights and limit the powers of government? ›

U.S. Constitution

The Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection. Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.

What are the three requirements of due process? ›

Procedural due process refers to the constitutional requirement that when the government acts in such a manner that denies a citizen of life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.

What was the 14th Amendment in kid terms? ›

The Fourteenth Amendment to the Constitution of the United States granted citizenship and equal civil and legal rights to anyone born in the United States or who became a citizen of the country. This included African Americans and slaves who had been freed after the American Civil War.

What does the 14th Amendment Section 4 mean? ›

Fourteenth Amendment, 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.

What does Article 14 mean in human rights? ›

Article 14

Everyone has the right to seek and to enjoy in other countries asylum from persecution.

What is the Article 3 of the 14th Amendment? ›

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 ...

What is the Article 5 of the 14th Amendment? ›

Section Five of the Fourteenth Amendment vests Congress with the authority to adopt “appropriate” legislation to enforce the other parts of the Amendment—most notably, the provisions of Section One.

What states that no person shall be deprived of life? ›

"The Constitution under Article III Section 1 also provides that no person shall be deprived of life, liberty, or property without due process of law, nor any person be denied the equal protection of the laws," said Santiago.

What happens when due process is violated? ›

Without due process, individuals could be detained and deprived of their freedom and life without just cause. If a criminal defendant is deprived of their civil rights, they can challenge the state on those grounds.

What is a violation of the Equal Protection Clause? ›

A person may generally allege violation of the Equal Protection Clause whenever a state governmental body or agency grants or allows one class of individuals to do something that another class may not, or when the government prevents one particular class of individuals from doing something.

How do you prove a violation of due process? ›

(the Due Process Clause requires the prosecution to prove beyond a reasonable doubt all of the elements included in the definition of the offense of which the defendant is charged; thus, when all of the elements are not included in the definition of the offense of which the defendant is charged, then the accused's due ...

What is the due process protections act? ›

The Due Process Protections Act amended the federal rules of criminal procedure to require district courts to issue, at the outset of every criminal case, an order confirming the prosecutor's disclosure obligations under Brady v. Maryland, and the consequences for violating the order.

What are the 2 types of due process? ›

Due process of law involves two types of processes: (a) procedural due process – Is the process fair? and (b) substantive due process - Does the government have the right to bring the action in the first place? In performing the LHO duties and responsibilities, you must be concerned with whether the process is fair.

What three things did the 14th Amendment accomplish? ›

The 14th Amendment granted U.S. citizenship to former slaves and contained three new limits on state power: a state shall not violate a citizen's privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection of the laws.

What are the three main clauses of the 14th Amendment? ›

The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.

What best describes the 14th Amendment? ›

It granted citizenship and equal civil and legal rights to African Americans and enslaved people who had been emancipated after the American Civil War. It included them under the umbrella phrase “all persons born or naturalized in the United States.”

What does Section 5 of the 14th Amendment mean? ›

Howard explained, Section Five “enables Congress, in case the State shall enact laws in conflict with the principles of the amendment, to correct that legislation by a formal congressional enactment.”

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