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.
The Fifth and Fourteenth Amendments both contain a Due Process Clause, although the Fourteenth Amendment applies explicitly to the states.
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.
Aliens in the United States, including those whose presence is not authorized by the federal government, are persons to whom the Fifth and Fourteenth Amendments apply.
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.
The Fourteenth Amendment only applies to actions by state governments (state actions), not private actions. Consider, for example, Obergefell, which involved the fundamental right to marry. Some state laws interfered with that right.
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.
Explanation: The Fourteenth Amendment affects citizenship by stating that anyone born in the U.S. automatically becomes a U.S. citizen. This concept is known as birthright citizenship and is based on the principle of jus soli, or the right of soil.
Fourteenth Amendment, 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 Equal Protection Clause requires the government to have a valid reason for any law or official action that treats similarly-situated people or groups of people differently.
In summary, selective incorporation works through the legal process of judicial review, in which the Supreme Court applies the provisions of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment, and determines whether state laws or actions comply with the Constitution.