From slavery to equal protection: the misinterpretation of the fourteenth amendment and its lasting effects on American society

Reconstruction Era;14th Amendment;Fourteenth Amendment;Black Codes;Equal Protection Clause;Persons;Color-blind;"Freedmens Bureau";Civil War;Brown v. Board of Education;Critical Race Theory

Parker, Jasmine D. ; Parker ; Laurence J.

关键词: Reconstruction Era;    14th Amendment;    Fourteenth Amendment;    Black Codes;    Equal Protection Clause;    Persons;    Color-blind;    "Freedmens Bureau";    Civil War;    Brown v. Board of Education;    Critical Race Theory;   

Others  :  https://www.ideals.illinois.edu/bitstream/handle/2142/16205/Parker_Jasmine.pdf?sequence=3&isAllowed=y

美国|英语

来源: The Illinois Digital Environment for Access to Learning and Scholarship

【 摘 要 】

Written by the Reconstruction Congress, the Fourteenth Amendment was created with the attempts, in some historical interpretations, of providing humane and equal protection rights to newly freed persons. However, other interpretations of the context in the Fourteenth Amendment oppose the goal of the Thirty-ninth Congress with providing equal protection of the law to all newly freedmen. By engaging in this research, it is my goal to explain the Fourteenth Amendment as it was enacted and intended to be; as well as provide a comparative study of how it has been widely interpreted. In addition, I reference landmark Supreme Court cases affecting American society with their rulings based on the Equal Protection Clause of the Fourteenth Amendment. Finally, I provide an alternative interpretation to the understanding of the Fourteenth Amendment. In addition, I make available various options that the United States government could pursue in order to continue supplying opportunities, as well as maintaining diversity, to societal members without violating the Equal Protection Clause of the Fourteenth Amendment.