14th amendment

The Fourteenth Amendment's Section 3

Participants in the rebellion against the United States were barred from holding federal offices. This limitation could be removed by Congress with a 2/3 majority of both houses.

procedural due process

Procedural Due Process requires a State to provide defined procedures before it can take away someone's life, liberty or property

The Citizenship Clause

Section 1 settled the legal status of former slaves born in the United States. Section 1 defined citizenship of the United States and for an individual's State of residence. All persons born on US soil are US citizens, with the exception persons subject to another nation's jurisdiction.

The Fourteenth Amendment's Section 4

Section 4 makes clear that any debts incurred by the Confederate government or by States in support of the rebellion would not be paid by the United States or by any State.

substantive due process

Substantive Due Process prohibits the government from infringing on fundamental constitutional liberties.

The Fourteenth Amendment's Section 5

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." This was an affirmative grant of power to Congress to directly exercise authority over the states in regards to the subject matter of the Fourteenth Amendment.

The Fourteenth Amendment's Section 1

The Fourteenth Amendment's first section consists of four clauses: The Citizenship Clause The Privileges and Immunities Clause The Due Process Clause The Equal Protection Clause

The Privileges Or Immunities Clause

The intent of the clause was to impose upon States the obligation to respect the rights of US citizens recognized or granted by the first eight amendments.[This is the doctrine of Incorporation, by which most of the Bill of Rights protections became applicable to the States, but not in the way the drafters of the Fourteenth Amendment expected.

rational basis test

Under the rational basis test, the courts will uphold a law if it is rationally related to a legitimate government purpose.

The Equal Protection Clause

applies to the actions of State governments. State government may not either by legislation or the actions of its agents deprive any person of its protection. Important element in the protection of the civil rights

The Equal Protection Clause does not provide for

equality" among individuals or classes but rather requires the States to apply their laws equally. A law may not discriminate in its application between similarly situated persons.

due process clause

fair treatment through the normal judicial system, especially as a citizen's entitlement.

Strict scrutiny

is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest.

Intermediate scrutiny

is a test used in some contexts to determine a law's constitutionality. To pass intermediate scrutiny, the challenged law must further an important government interest by means that are substantially related to that interest.

The Fourteenth Amendment's Section 2

provided that if states improperly denied the right to vote to newly freed slaves that their representation in Congress would be lessened.

14th amendment and its relationship with federalism?

realigned the relationships between the states and the federal government. It strengthened the federal government's power over the States, particularly regarding State treatment of citizens. It provided the legal framework for the civil rights movement relating to racial discrimination. That movement in turn gave momentum to other movements involving gender, age and physical handicaps.

The Supreme Court has used substantive due process to?

to extend most protections of the Bill of Rights as limitations upon state governments.