Wednesday, September 18, 2019

The 14th amendment

In class today, we learned about the 14th amendment and specifically, the vague language of the amendment. This brings to mind the question of why the language was so vague.  Although the amendment is intrinsically tied to the civil war and protection of the rights of former slaves because it is not bound by specific wording, it has a power akin to the elastic clause in the constitution (the one that grants congress a lot of its power). While initially, this seems like a good thing, because now any race and gender can be protected from discrimination from the state, Mr. Stewart also showed us many ways of how the vague wording has been used in negative ways. The striking down of the first civil rights act, because of "states" and the protection of corporations by classifying them as people are all ways that the wording of the amendment have been detrimental (in some views). So, therefore, why was the wording of the amendment so vague? Was the intent that it would protect a wider range of people in America? If this was the case, why are we still fighting discrimination in all forms of life? Why did it take so long to secure rights for women (arguably something we are still fighting for), and ended with the creation of another amendment, if the 14th amendment is not bound by gender? That makes me think that the vague language of the amendment may not have been an attempt to secure rights for more minority groups than intended, but instead to leave open other opportunities that would end up benefiting the "wrong" people. But either way, the vague language of the amendment certainly has had a huge impact on the US, the Supreme Court, and interpretation of the law.

1 comment:

  1. I agree with you about a lot of the downsides of teh vague wording of the 14th Amendment. However, perhaps this vague wording has not only done harm. In the years since this amendment, it has been the bases of many equality movements, including the "one man, one vote" decision we learned about in class (https://www.thenation.com/article/embrace-ambiguity-14th-amendment/). However, for African Americans the promise of equality was sadly undermined by the wording and, while it is impossible to know the reason for this language in the text, we can see its various affects through history.

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