An analysis of american reconstruction and the 14th amendment

We are pleased to again welcome Philip Leigh, who brings us a long-form guest post on how the Reconstruction shaped the southern states. Shortly before the Centennial it was generally agreed that the chief aim of the Republican-dominated Congress was to ensure lasting Party control of the federal government by creating a reliable voting bloc in the South for which improved racial status among blacks was a paired, but secondary, objective.

An analysis of american reconstruction and the 14th amendment

For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from William S. The Evolution of a Constitutional Right which may be obtained from www.

Historical Analysis of the Meaning of the 14th Amendment's First Section

Those citizens naive enough to comply with the general's edict turned in muskets, pistols, bayonets, and 38 blunderbusses. That whoseoe'er keeps gun or pistol, I'll spoil the motion of his systole; But everyone that will lay down His hanger bright, and musket brown, Shall not be beat, nor bruis'd, nor bang'd, Much less for past offenses, hang'd; But on surrendering his Toledo, Go to and fro unhurt as we do; Meanwhile let all, and every one Who loves his life, forsake his gun What "arms" are protected under that guarantee?

May licenses and registration be require for exercise of a constitutional right per se? The following analysis seeks to resolve--or at least clarify--these queries. Professor Lawrence Cress, who speaks for himself when he claims that "we know little about the Second Amendment's reception in the States," has recently argued that the Founding Fathers would have been shocked by the idea that citizens could bear firearms for self-defense.

The game violator would have to go back to court for "every such bearing of a gun" to be again bound to his good behavior. At that time, "one species of fire-arms, the pistol[,] [was] never called a gun. Jefferson strongly relied on the penal reform theories of Cesare Beccaria, whose Essay on Crimes and Punishments was partly responsible for the eighth amendment's prohibition on cruel and unusual punishment.

Just months before writing the Declaration of Independence, Jefferson kept a Commonplace Book where he copied his favorite passages from legal writers.

This book "may well be considered as the source-book and repertory of Jefferson's ideas on government. A Principal source of errors and injustice, are false ideas of utility. For example, That legislator has false ideas of utility, who considers particular more than general convenience; who had rather command the sentiments of mankind, than excite them, and dares say to reason, "Be thou a slave;" who would sacrifice a thousand real advantages, to the fear of an imaginary or trifling inconvenience; who would deprive men of the use of fire, for fear of being burnt, and of water, for fear of being drowned; and who knows of no means of preventing evil but by destroying it.

The laws of this nature, are those which forbid to wear arms, disarming those only who are not disposed to commit the crime which the laws mean to prevent. Can it be supposed, that those who have the courage to violate the most sacred laws of humanity, and the most important of the code, will respect the less considerable and arbitrary injunctions, the violation of which is so easy, and of so little comparative importance?

Does not the execution of this law deprive the subject of that personal liberty, so dear to mankind and to the wise legislator; and does it not subject the innocent to all the disagreeable circumstances that should only fall on the guilty?

It certainly makes the situation of the assaulted worse, and of the assailants better, and rather encourages than prevents murder, as it requires less courage to attack unarmed than armed persons.

Before the Revolution, James Iredell, who would be prominent in the struggle to ratify the Constitution and later a Justice of the United States Supreme Court, wrote his mother: Be not afraid of the Pistols you have sent me. They may be necessary Implements of self Defense tho' I dare say I shall never have Occasion to use them It is a Satisfaction to have the means of Security at hand, if we are in no danger, as I never expect to be.

Civil rights

Confide in my prudence and self regard for a proper use of them, and you need have no Apprehension.The 14th Amendment changed a portion of Article I, Section 2. A portion of the 14th Amendment was changed by the 26th Amendment.

A portion of the 14th Amendment was changed by the 26th Amendment, in regards to voting age under the Fourteenth Amendment, American citizenship brought with it a set of fundamental “privileges or . Textbook Solutions Master the problems in your textbooks.

An analysis of american reconstruction and the 14th amendment

With expertly written step-by-step solutions for your textbooks leading the way, you’ll not only score the correct answers, but, most importantly, you’ll learn how to solve them on your own. The Declaration Of The Fourth Amendment - Abstract The United States Constitution contains basic rights, and some of those rights are the First Ten Amendments, that are known as Bill of Rights.

The 14th Amendment to the Constitution was ratified on July 9, , and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.

In addition, it forbids states from denying any person "life, liberty or property, without due. Civil rights definition, rights to personal liberty established by the 13th and 14th Amendments to the U.S.

Constitution and certain Congressional acts, especially as applied to . The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, , as one of the Reconstruction kaja-net.comly one of the most consequential amendments to this day, 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.

Historical Analysis of the Meaning of the 14th Amendment's First Section