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Annotated Bibliography – Fourteenth Amendment

1. Lash, Kurt T. “Enforcing the Rights of Due Process: The Original Relationship Between the Fourteenth Amendment and the 1866 Civil Rights Act.” Geo. LJ 106, (2017): 1389.

The article focuses on the 1866 Civil Rights Act to obtain clues that would help in the interpretation of the original meaning of the Fourteenth Amendment. The reason behind this is that the Civil Rights Act of 1866 aimed at protecting only citizens of the United States, and therefore, most of the scholars believe that the 1866 Act should be used as a guide to understanding the 14th Amendment’s citizen-based privileges. The Fourteenth Amendment, based on the 1866 Act, is attributed to have protected the natural and equal right due process in matters regarding life, liberty and property. Based on this, the article is suitable for my paper on amendments regarding equality of persons.   

2. Maltz, Earl. “The Coming of the Fifteenth Amendment: the Republican Party and the Right to Vote in the Early Reconstruction Era.” Available at SSRN 3317813 (2019).

The article celebrates the 150th year since the proposition of the Fourteenth Amendment. The article states that on February 25th, 1869, two thirds of the members of the House of Representatives approved the Fourteenth Amendment while the Senate followed suit the next day sending the Amendment to the state legislatures to make ratifications. After ratifications, the Fourteenth Amendment became the last of the Reconstruction amendments and to which fundamentally transformed both the Constitution as well as the nature of the American federalism. According to the article, the Fourteenth Amendment is of great significance since it aimed at looking explicitly on race and as well limited the powers of the government to establish qualifications for voters during elections.         

3. Pino, Lisset Marie, and John Fabian Witt. “The Fourteenth Amendment as an Ending: Constitutional Beginnings and the Demise of the War Power.” The Journal of the Civil War Era 10.1 (2020): 5-28.

The article perceives the Fourteenth Amendment as a vindication of the military experience of the Civil War. The article states that the bullets and bayonets in wartime led to peacetime citizenship that is stipulated in Section 1 of the 14th Amendment and to peacetime ballots were first protected in Section 2 of the Amendment. The Fourteenth Amendment helped to close out the righteous form of power that had emerged in the antebellum era as a solution to the glaring injustice of slavery. The article further states that the 14th Amendment was as a result of the wartime experience one that had embodied victory of war, and also blunting the force and pace.   

4. Pope, James Gray. “Section 1 of the Thirteenth Amendment and the Badges and Incidents of Slavery.” UCLA L. Rev. 65 (2018): 426.

The article talks about the Thirteenth Amendment which was a precursor to the Fourteenth Amendment. The article presents the first comprehensive treatment of the basic and officially ‘open’ question of whether Section 1 of the 13th Amendment directly bans the badges and incidents of slavery. However, it notes that Section 1 partially banned the incidences and badges, but they parted company over which one. The Democrats and their allies claimed that it outlawed only the core incidence of slavery such as forced labor, while the Republicans maintained that it banned a far broader set such as the denials of the rights enumerated in the Civil Rights Act of 1866 which include the right to own property, make contracts and even participate in courts.    

5. Sekhon, Nirej. “Purpose, policing, and the Fourth Amendment.” J. Crim. L. & Criminology 107 (2017): 65.

The article focuses on the importance of the Fourteenth Amendment by making reference to cases. According to the article, these reference pertains to the motivations of individual officers and occasionally to the public institutions. It is unsurprising that many courts pay attention to the purpose as across many areas of the law, an alleged offender’s intention is often critical in determining the liability, remedy, or both. The purpose of analyzing the Fourteenth Amendment cases is, however, confused, as the Supreme Court advances separate frameworks without explanation. As a result, they end up derailing the purpose of the Fourteenth Amendment during judgment.