Greg Krasovsky: Happy Law Day to all my American Lawyer Facebook Friends and Colleagues!
Just like the ABA suggests this year, let's not forget about the role of the 14th Amendment in the civil liberties of Americans and our civil & criminal justice systems, especially its Equal Protection clause.
Unfortunately, for many Americans, including racial & ethnic minorities as well as the poor, equal protection under The Law remains a dream.
You know what they say about lawyers - folks who try to make the world a better place one lawsuit at a time!
So, as lawyers, let's try to do what we can to make the 14th amendment an absolute reality for all American citizens and permanent residents!
Any got better ideas?
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May 1st - Law Day (United States).
"On May 1 the United States officially recognizes Law Day. It is meant to reflect on the role of law in the foundation of the country and to recognize its importance for society."
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About the 2017 Law Day Theme - The American Bar Association.
"The 14th Amendment: Transforming American Democracy
The 2017 theme provides the opportunity to explore the many ways that the Fourteenth Amendment has reshaped American law and society.
The 2017 theme provides the opportunity to explore the many ways that the Fourteenth Amendment has reshaped American law and society.
Through its Citizenship, Due Process and Equal Protection clauses, this transformative amendment advanced the rights of all Americans. It also played a pivotal role in extending the reach of the Bill of Rights to the states.
Ratified during Reconstruction a century and a half ago, the Fourteenth Amendment serves as the cornerstone of landmark civil rights legislation, the foundation for numerous federal court decisions protecting fundamental rights, and a source of inspiration for all those who advocate for equal justice under law."
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Fourteenth Amendment to the United States Constitution.
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.
The amendment addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War.
The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress.
The Fourteenth Amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark decisions such as
- Brown v. Board of Education (1954) regarding racial segregation,
- Roe v. Wade (1973) regarding abortion,
- Bush v. Gore (2000) regarding the 2000 presidential election, and
- Obergefell v. Hodges (2015) regarding same-sex marriage.
The amendment limits the actions of all state and local officials, including those acting on behalf of such an official.
The amendment's first section includes several clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
- The Citizenship Clause provides a broad definition of citizenship, overruling the Supreme Court's decision in Dred Scott v. Sandford (1857), which had held that Americans descended from African slaves could not be citizens of the United States. The Privileges or Immunities Clause has been interpreted in such a way that it does very little.
- The Due Process Clause prohibits state and local government officials from depriving persons of life, liberty, or property without legislative authorization. This clause has also been used by the federal judiciary to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural requirements that state laws must satisfy.
- The Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause has been the basis for many decisions rejecting irrational or unnecessary discrimination against people belonging to various groups.
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