Modify existing Amendment Paper

Running head: PROTECTION OF CIVIL RIGHTS 1

PROTECTION OF CIVIL RIGHTS 4 4

Protection of Civil Rights

Shanovia Smith

Indian River State College

The United States has its own constitution providing clear procedures under the Second Amendment. This amendment states that any well-established militia that is under regulation being of necessity of the Free State security bears the rights of the people in keeping and bearing arms will not be under any infringement. Whereas the fourteenth amendment gives the provisions that there is not any state that will be found making or enforcing any laws which are deemed to be abridging the immunities or privileges of the citizens of the United States (Kopel,1998).

It continues to state that the State shall not be responsible in depriving the life of a person, liberty including the property; this should be without the due processes of the law or even found in denying any of the persons within the State’s jurisdiction the equal protections of the laws of the US. Notably, the 14th amendment which was under ratification in 1868 had given a green light for citizenship toe every person born or have been naturalized in America. This also includes the former slaves. During the passing of the of the era of reconstruction, there was need to abolish the slaveries and the establishment of the civil rights for the black American. Hence it would become the basis for many landmarks of the decisions of the Supreme Court.

The creation of the amendment bill, the southern states gave its resistance to the bill though the Congress had a requirement of ratifying the 13thamendment.This is because of the elections of the Congress in the year 1866 which later gave the Republican veto proofs of the majority both in the Senate and the House. They had also resisted as giving their condition of presenting the Congress and the ongoing Union Armies in the Confederate States to ensure their compliance (Cottrol & Diamond, 1991).

This happened on 9th July,1868, when Louisiana and South Carolina had already voted in the ratification of hr. 14thamendment hence, they made up the required two third of the majority. Arguably, the second section gave the repealing of the articles 1sections 2 of clause 3of the constitution. It made sure the people who were enslaved as the three fifths of the persons for the purposes of apportionment of the representation of the Congress (Levinson,1989).

Slavery had already been outlawed as in the 13th amendment as it gave clarification concerning the fact that all the residents, irrespective of their races should be in the counting of votes as a whole person. It also gave a guarantee that all citizens who are males over the age of 21 years despite of their age had equal rights of voting. On the other hand, the Southern States had even continued in denying of the Black men the right and freedom to vote using a collection of the states and also the local statutes. This happened during the era of Jim Crow.

Also, there were subsequent amendments which guaranteed the women the right to also vote hence lowering the legal age of voting to be 18 years. This amendment has been widely used in the US. It has indeed given the Supreme Court a ground to exercise its mandate. One of which was the ruling concerning the appeal of the case of Gitlow of the New York on 1925.The court gave its ruling that the due processes of the 14th amendment gave a protection of the first amendment freedom and rights of speech from being infringed by the federal government and the state.

Notably, the jurisprudence of the supreme court which had been coupled with the framers’ intent give a clarification that the second amendment gives a guarantee the individuals who are law abiding in keeping and bearing arms (Kates, 1983).

The 14th amendment hence makes sure there is incorporations of the second amendment to protect the states right from infringement by the state. Additionally, as the American hold celebrations of the Bicentennial of the Bill of Right, it is evidently clear that this second amendment is not a relic embarrassment in hiding to the closet, but it is seen as one for the essentials to the freedom of the human rights as it could be in other fundamental rights (Lund, 1987).

Reference

Cottrol, R. J., & Diamond, R. T. (1991). The second amendment: toward an Afro-Americanist reconsideration. Geo. LJ, 80, 309.

Kopel, D. B. (1998). The Second Amendment in the Nineteenth Century. Byu L. Rev., 1359.

Kates, D. B. (1983). Handgun prohibition and the original meaning of the Second Amendment. Michigan Law Review, 82(2), 204-273.

Levinson, S. (1989). The embarrassing second amendment. The Yale Law Journal, 99(3), 637-659.

Lund, N. (1987). The second amendment, political liberty, and the right to self-preservation. Ala. L. Rev., 39, 103.