This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Although the United States Constitution has never contained the words "slave" or "slavery" within its text, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document.
A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
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.
Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Abridgment or denial of those civil rights by private persons is not addressed by this amendment. The Supreme Court held in Civil Rights Cases (1883) that the amendment was limited to "state action" and, therefore, did not authorize the Congress to outlaw racial discrimination by private individuals or organizations.
The Fourteenth Amendment of the U.S. Constitution contains a number of important concepts, most famously state action, privileges or immunities, citizenship, due process, and equal protection—all of which are contained in Section One.
In a unanimous decision, the U.S. Supreme Court overturns its 1896 ruling in Plessy v. Ferguson that separate but equal is constitutional and rules that segregation is a violation of the Fourteenth Amendment's equal protection clause.
Due process ensures fair treatment and procedures, while the burden of proof places the burden on the prosecution to prove guilt. This maintains the presumption of innocence.
Governmental actors violate due process when they frustrate the fairness of proceedings, such as when a prosecutor fails to disclose evidence to a criminal defendant that suggests they may be innocent of the crime, or when a judge is biased against a criminal defendant or a party in a civil action.