Hot Topics The U. Supreme Court has held that states may bar convicted felons from voting.
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.
Before and during the Civil War, the Southern states violated the rights of free speech of pro-Union citizens, anti-slavery advocates, and northerners in general. During the Civil War, the Southern states stripped many white citizens of their state citizenship and banished them from the states, effectively confiscating their property.
Shortly after the Union victory in the American Civil Warthe Thirteenth Amendment was proposed by Congress and ratified by the states inabolishing slavery.
Many ex- Confederate states then adopted Black Codes following the war. These laws severely restricted the rights of blacks to hold propertyincluding real property such as real estate and many forms of personal propertyand to form legally enforceable contracts.
These codes also created harsher criminal penalties for blacks than for whites. This Act provided that all those born in the United States were citizens contrary to the Supreme Court's decision in Dred Scott v. Sandfordand required that "citizens of every race and color Such doubts were one factor that led Congress to begin to draft and debate what would become the Equal Protection Clause of the Fourteenth Amendment.
The most important among these, however, was Bingham, a Congressman from Ohiowho drafted the language of the Equal Protection Clause.
The Southern states were opposed to the Civil Rights Act, but in Congress, exercising its power under Article I, section 5, clause 1 of the Constitution, to "be the Judge of the Qualifications of its own Members", had excluded Southerners from Congress, declaring that their states, having rebelled against the Union, could therefore not elect members to Congress.
It was this fact—the fact that the Fourteenth Amendment was enacted by a " rump " Congress—that allowed the Equal Protection Clause to be passed by Congress and proposed to the states.
Its ratification by the former Confederate states was made a condition of their reacceptance into the Union. Here is the first version: Hale of New York, despite Bingham's public assurances that "under no possible interpretation can it ever be made to operate in the State of New York while she occupies her present proud position.
When Senator Jacob Howard introduced that final version, he said: It protects the black man in his fundamental rights as a citizen with the same shield which it throws over the white man. Ought not the time to be now passed when one measure of justice is to be meted out to a member of one caste while another and a different measure is meted out to the member of another caste, both castes being alike citizens of the United States, both bound to obey the same laws, to sustain the burdens of the same Government, and both equally responsible to justice and to God for the deeds done in the body?
A difference between the initial and final versions of the clause was that the final version spoke not just of "equal protection" but of "the equal protection of the laws".
John Bingham said in January Supreme Court followed that Alabama case Burns v.Due Process Clause, Equal Protection Clause, and Disenfranchising Felons. The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only.
In , a panel of federal judges overwhelmingly agreed that the Florida ban on felon voting did not violate the equal protection clause of the 14th Amendment and . ] FIRST AMENDMENT, EQUAL PROTECTION, AND FELON DISENFRANCHISEMENT the Court held that the Equal Protection Clause prohibits states from disenfranchising citizens with felony convictions if the disenfranchisement is motivated by race Put another way, if the motive to deny the right to vote is based on race, the regulation violates.
Equal Protection Clause Not Violated By Disenfranchisement of Ex-Felons Loaded on May 15, Filed under: the specific statues governing the disenfranchisement of ex-felons violated the Equal Protection Clause of the U.S.
Constitution. The ex- The process of democracy is one of change.
Our laws are not frozen into immutable form. Due Process Clause, Equal Protection Clause, and Disenfranchising Felons. The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only. Plaintiffs challenged the State's disenfranchisement of ex-felons as being violative of the Equal Protection Clause of the Fourteenth Amendment and sought issuance of .