By oldedude January 2, 2024 5:16 pm Category: Law (0.0 from 0 votes)
Rules of the Post
Typically, the first section of any law covers who the law applies to. A pretty important thing considering you get the scope of the law.
Here we have the same trifecta, "Life, Liberty, and Property. And there's an explanation of what that means and who it concerns. The 5th Amendment only applies to the federal government. The 14th amendment applies to the states, because the dims were still in charge and the 13th Amendment had just been put though. The Federal government didn't trust the states to do the right thing.
Text of the Fourteenth Amendment
Ratified by the required three-fourths of states on 9 July 1868
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.
The Due Process Clause of the Fourteenth Amendment is the source of an array of constitutional rights, including many of our most cherished—and most controversial. Consider the following rights that the Clause guarantees against the states:
procedural protections, such as notice and a hearing before termination of entitlements such as publicly funded medical insurance;
individual rights listed in the Bill of Rights, including freedom of speech, free exercise of religion, the right to bear arms, and a variety of criminal procedure protections;
fundamental rights that are not specifically enumerated elsewhere in the Constitution, including the right to marry, the right to use contraception, and the right to abortion. The Due Process Clause of the Fourteenth Amendment echoes that of the Fifth Amendment. The Fifth Amendment, however, applies only against the federal government. After the Civil War, Congress adopted a number of measures to protect individual rights from interference by the states. Among them was the Fourteenth Amendment, which prohibits the states from depriving “any person of life, liberty, or property, without due process of law.”
When it was adopted, the Clause was understood to mean that the government could deprive a person of rights only according to law applied by a court. Yet since then, the Supreme Court has elaborated significantly on this core understanding. As the examples above suggest, the rights protected under the Fourteenth Amendment can be understood in three categories: (1) “procedural due process;” (2) the individual rights listed in the Bill of Rights, “incorporated” against the states; and (3) “substantive due process.”
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