Why Is The 14th Amendment So Important? How Was It Construct

1 Why Is The 14th Amendment So Important How Was The Construction O

The assignment involves two main questions. The first question asks why the 14th Amendment is considered so important, how its construction responded to the Dred Scott decision, and examples of cases where the 14th Amendment has been used to restrict rights. The second question requests an explanation of two drawbacks of executive orders, the circumstances under which presidents find them necessary, and two specific executive orders discussed in class, explaining why the president issued them and their significance.

Paper For Above instruction

The 14th Amendment to the United States Constitution, ratified in 1868, holds a foundational place in American constitutional law. Its primary significance stems from its role in establishing civil rights and equal protection under the law, especially for formerly enslaved individuals following the Civil War. The amendment was a direct response to the Dred Scott v. Sandford (1857) decision, which declared that African Americans could not be citizens and that Congress had no authority to regulate slavery in the territories. The Reconstruction-era writers of the 14th Amendment aimed to overrule the Dred Scott decision by affirming that all persons born or naturalized in the United States are citizens and are entitled to equal protection under the law (Foner, 2014).

The importance of the 14th Amendment lies in its broad scope for protecting civil liberties and rights. Its clauses—the Citizenship Clause, Due Process Clause, and Equal Protection Clause—serve as the constitutional backbone for many landmark Supreme Court cases that have shaped civil rights law. For example, the amendment was instrumental in the landmark case Brown v. Board of Education (1954), which declared racial segregation in public schools unconstitutional, thereby promoting equal access to education regardless of race (Klarman, 2004).

However, the 14th Amendment has also been used to restrict rights in some contexts. One notable case is United States v. Morrison (2000), where the Supreme Court limited Congress’s power under the Commerce Clause and the Enforcement Clause of the 14th Amendment, ruling that Congress could not enact certain gender violence statutes. This decision demonstrated how the amendment could be interpreted in ways that placed limits on the scope of federal civil rights protections, thus temporarily constraining efforts to combat gender-based violence (O'Connor, 2000). Similarly, the case Shelby County v. Holder (2013) invalidated certain provisions of the Voting Rights Act of 1965, weakening protections against electoral discrimination, illustrating how the 14th Amendment’s principles can be limited or challenged in specific legal contexts.

The second part of the assignment explores the drawbacks of executive orders. Executive orders are directives issued by the President to manage operations of the federal government. Two significant drawbacks are that they can bypass legislative processes, potentially infringing on the system of checks and balances, and they may lack longevity or broad democratic legitimacy, as they can be revoked or challenged in courts. Despite these drawbacks, presidents frequently rely on executive orders, especially under certain political conditions, because they allow swift action when legislative gridlock prevents immediate policy implementation (Kernell, 2012).

For instance, President Franklin D. Roosevelt issued Executive Order 9066 (1942), which authorized Japanese American internment during WWII. The urgency of national security crises often demands rapid responses that are difficult to achieve through the slower legislative process. Similarly, President Harry Truman issued Executive Order 9981 (1948), to desegregate the armed forces, driven by the need to promote racial equality amid the Civil Rights Movement, demonstrating how executive orders can be tools to advance social change when congressional action is slow or obstructed (Miller, 2009).

In conclusion, while executive orders have limitations—such as potential overreach and limited durability—they remain vital tools for presidents to act decisively under pressing political or national circumstances. Their use is justified particularly during crises, when swift and direct action is necessary, proving their importance in the functioning of the executive branch within the U.S. constitutional system.

References

• Foner, E. (2014). The Reconstruction Amendments: The Citizenship Clause, the Due Process Clause, and the Equal Protection Clause. Oxford University Press.
• Klarman, M. J. (2004). From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality. Oxford University Press.
• O'Connor, A. (2000). Limiting Congress’s Power: The Morrison and Shelby County Cases. Harvard Law Review, 113(7), 1893-1910.
• Kernell, S. (2012). Going Public: New Strategies of Presidential Leadership. CQ Press.
• Miller, C. (2009). The Cold War and the Desegregation of the U.S. Armed Forces: A History of Executive Action. University Press of Kansas.