How To Use Fourteenth amendment In A Sentence
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The appellant, while admitting that the people may protect themselves against abuses of the freedom of speech safeguarded by the Fourteenth Amendment by prohibiting incitement to violence and crime insists that legislative regulation may not go beyond measures forefending against ‘clear and present danger’ of the use of force against the state.
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Mr. Speeker, that the scope and meaning of the limitations imposed by the first section, fourteenth amendment of the Constitution may be more fully understood, permit me to say that the privileges and immunities of citizens of the United States, as contradistinguished from citizens of a State, are chiefly defined in the first eight amendments to the Constitution of the United States.
The Volokh Conspiracy » Open Comment Thread on McDonald
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Because the detriment to the child standard is necessary to protect the due process rights of nonconsenting biological parents, a conclusion that the General Assembly intended to abandon that standard would lead us to deduce that Code §§ 63.2 – 1203 and – 1205 facially violate the Fourteenth Amendment.
The Volokh Conspiracy » Adoption Over Parent’s Objection Requires Showing That Continued Parent-Child Relationship Would Be Detrimental to the Child
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You may construct a historical argument that draws on the history of the Fourteenth Amendment, Reconstruction, and postwar American history, or you may choose to focus on the cases themselves.
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Here again the Court was not ready to extend the protection of explicit Bill of Rights guarantees, but relied on the Due Process Clause of the Fourteenth Amendment.
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The origins of the Fourteenth Amendment, as a blueprint for the reconstruction of the Confederate states after the Civil War, informed its interpretation in the courts for many years.
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The Fourteenth Amendment directs that "no state" can discriminate, and for many years it was thought that private discrimination could not be reached by public law.
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Yet in constitutional terms, since the Fourteenth Amendment already guarantees "equal protection of the laws," it is unclear just how an equal rights amendment would affect existing law.
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The Fourteenth Amendment further confirms the new sense of the United States as a national community with its clause prohibiting the states from "depriv [ing] any person of life, liberty, or property, without due process of law; [or denying] to any person within its jurisdiction the equal protection of the laws.
Republic Broadcasting Network
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This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment.
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The Supreme Court held these fines could, consistent with the Fourteenth Amendment to the United States Constitution, be imposed only if preceded by a criminal trial.
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Over unanimous Democratic opposition, Republicans passed the Fourteenth Amendment, which constitutionalized civil rights by guaranteeing due process and equality before the law for all.
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Mr. Speaker that the scope and meaning of the first section, fourteenth amendment of the Constitution may be more fully understood let me say that the privileges and immunities of citizens of the United States, as contradistinguished from citizens of a State, are chiefly defined in the first eight amendments to the Constitution of United States.
The Volokh Conspiracy » McDonald amicus: Don’t trust Fairman and Berger
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The black people gained the civil rights, especially the voting right, and the Equal Protection of the Laws Clause in the Fourteenth Amendment to protect their rights during the Reconstruction.
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This authority must, of course, be exercised within the constraints of S 1 of the Fourteenth Amendment.
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This expansive alteration of the Federal System was to have been achieved by converting the rights of the citizens of each State as of the date of the adoption of the Fourteenth Amendment into privileges and immunities of United States citizenship and thereafter perpetuating this newly defined _status quo_ through judicial condemnation of any State law challenged as "abridging" any one of the latter privileges.
The Constitution of the United States of America: Analysis and Interpretation Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
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The Congress of the United States constituted the "Equal protection of the laws Clause" in the Fourteenth Amendment to protect the black people's rights during the Reconstruction.
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This year's version of the off-the-wall argument moving into the mainstream is the argument that John Kerry is disqualified for the presidency (or, apparently, for the Senate position he currently holds), because of the provision in the Fourteenth Amendment imposing disqualification as a sanction for people who, having sworn an oath to support the Constitution (as soldiers -- and members of Congress -- do), gives aid and comfort to the nation's enemies.
Balkinization
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Th [e] concept [of selective incorporation] is important to understand in regards to the Second Amendment, and I'll explain it briefly: the Fourteenth Amendment says that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
Uncategorized Blog Posts
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Courts have correctly expanded the umbrella of the First Amendment through the Fourteenth Amendment.
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The rationale behind prohibiting some exercises of discretion is that the Equal Protection Clause of the Fourteenth Amendment protects people against invidious discrimination.
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Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment in 1868.
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In America, the freedom of speech is protected by the first and the fourteenth Amendment of the Federal Constitution.
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The Fourteenth Amendment gave citizenship to anyone born in the United States and guaranteed equal protection to all people.
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Nor can they claim that Lochner violates the original meaning of the Fourteenth Amendment, since these legal analysts by and large reject originalism altogether.
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The part of this clause relating to the mode of apportionment of representatives among the several States was changed by the Fourteenth Amendment, and as to taxes on incomes without apportionment, by the Sixteenth Amendment.
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Kay said the ruling violates the Fourteenth Amendment, and could affect landmark rulings on reproductive rights.
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The Fourteenth Amendment says states may not deny anyone the equal protection of the laws.
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More concretely, the Equal Protection Clause, along with the rest of the Fourteenth Amendment, marked a great shift in American constitutionalism.
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That's all well and good, but what Keyes omits is the subsequent history of the country, and in particular the effect of the Fourteenth Amendment.
Balkinization
