Third Favorite Amendment Continues...

November 9, 2015

As promised before continuing with Section 2, of Amendment XIV, I will pick up where I left in my last blog:

"Thus to so many other teaching points in this section, I will continue my next posting with more information about Section 1 of Amendment XIV before going on to Section 2."

Recap of 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...

The next part of the section may seem a look familiar to because it echoes the rights of the people once again, "No State shall make or enforce any law which abridge the privileges or immunities of citizens of the United States."

Again the Supreme Court over the years has been called upon to decision for the State and citizen exactly what is the intent of the statement. An example of the loose wording can be found in the Slaughterhouse Cases (1873) where Court disagreed with the interpretation that the Privileges or Immunities Clauses applied in the Bill of Rights to state governments. Therefore, one can argue that under this ruling only the rights of national citizenship- such as access to the courts and the right to travel to the government's capital applied. However as the Supreme Court has often done over the years with the change in the attitude of society the Court did rule for example in Saenz v. Roe ((1999) forbade states to reduce welfare benefits for newly arrived residents because that restricted the right to travel.

When you look at the next part of this same paragraph you will notice as well that the Due Process Clause in Amendment XIV is almost the same Amendment V, " nor shall any State deprive any person of life, liberty,or property without due process of law;"

I believe that this is such an important point that I shall stop here and continue my Daily 27 - 67 Constitution Lessons explaining exactly how Amendment XIV and the two major parts of the important Due Process Clause applies to the Bill of Rights to the through the doctrine of:

1. Incorporation of the Bill of Rights
2. Substantive  Due Process

I listened to a person attempt to gloss over this recent and I decided that I better stop this nonsense before at least ten (10) more people become just as confused.

In my next blog, you will be able to better understand these two important parts of the Due Process Clause as only a James Madison Fellow can break it down so simple for you to understand.

My students only say to me Mr. Cofield I did not understand that from my reading. I tried to explain that is why the many years on earth that I have and the years of paying those college professors, and becoming a James Madison Fellow allows me to do for you. I now charge them as I will do for you once you learn this lesson pass it on to someone else.

Joseph