The Amendments Series

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The Amendments Series: The Fourteenth Amendment’s Enforcement Clause

How many of you have noticed over the past few articles on the 14th Amendment that the Court has been the primary wielder of this amendment’s power? Right? I mean, most of the major shifts in power from state to federal have occurred, not by legislative statue, but Supreme Court interpretation. Abortion, marriage, contraceptives, integration …

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The Amendments Series: Amendment 14, The Equal Protection Clause

“…Nor shall any State… deny to any person within its jurisdiction the equal protection of the laws.” Equal protection under the law is an essential part of a Constitutional and free society. It would be silly to create a government tasked with writing laws to protect us and our private property from each other, confine …

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The Amendments Series: The 14th Amendment, Due Process

“Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial …

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The Amendment Series: The 14th Amendment-Incorporation

Before I unpack the rest of the Fourteenth Amendment, I need to take a moment to hammer down the significance of “incorporation” and this amendment’s contribution to it. Prior to the amendment’s passage and even based on Supreme Court precedent, Barron v. Baltimore (1833), the Constitution and, more specifically, The Bill of Rights, did NOT …

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The Amendments Series: The Eleventh Amendment

As I said Wednesday, the amendment process in the United States is unique and it’s a blessing. It allows for flexibility in the governing process while also preventing chaos. The Constitution, our government’s job description, has been updated and edited twenty-seven times over the course of the past two and a half centuries. It’s about …

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