Class+Notes+1-21-09-1

Class+Notes+1-21-09-1 - V-161 Spring 2009 Class Notes...

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V-161 Spring 2009 Class Notes January 21, 2009 Unites States CONSTITUTION (Part 2) Amendment XIII (1865) Section 1: Neither slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, nor any place subject to their jurisdiction. Section 2: Congress shall have power to enforce this article by appropriate legislation. The 13 th amendment passed the U.S. Senate on April 8, 1864 and the House on January 31, 1865. President Lincoln approved the Joint Resolution on February 1, 1865 and submitting the proposed amendment to the state legislatures. The necessary number of states ratified it by December 6, 1865. In 1863 President Lincoln has issued the Emancipation Proclamation declaring, “all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free.” A constitutional amendment was needed to follow up on Lincoln proclamation to make freeing of the slaves legal and forever binding. During the 1864 Republican National Convention, President Lincoln insisted that the passage of the 13 th amendment be added to the party’s platform. His support during his life time and even in death inspired the passage of this amendment. Amendment XIV (1868) Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the Unites 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 Unites States; nor shall any state deprive any Page 1
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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. Equal Protection Clause The right to due process of law and equal protection of the law now applied to both the Federal and state governments. For many years, the United States Supreme Court ruled that the 14 th amendment did not extend the bill of Rights to the states. Not only did the 14 th amendment filed to extend the Bill of Rights to the states; it also failed to protect the rights of African-Americans. Full acceptance of the 14 th amendment did not become reality until the 20 th century. Section 2: Representatives shall be appointed among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indiana not taxed, But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty- one years of age, and citizens of the Unites States, or in any way abridged, except for participation in rebellion, or other crime,
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Class+Notes+1-21-09-1 - V-161 Spring 2009 Class Notes...

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