the 14th ammendment

Essay 1: 14th Amendment

DBA (Document Based Analysis)

In 1857, the Supreme Court spearheaded the question of sovereignty and seven out of nine judges ruled against a petition for freedom and stated that the Missouri Compromise in 1820 (Links to an external site.) was unconstitutional. Therefore, slaves who lived in the northern territory were not recognized as free and would have to remain a slave.  In 1865 the 13th Amendment  (Links to an external site.)was passed yet freedom for all was still being denied. However, the southern politicians circumvented the mandated law so in 1868, the 14th Amendment (Links to an external site.) passed into a law. The amendment specifically addressed the issues of race by awarded the right of citizenship to all people born in the America (freed slaves too) and extended equal protection, immunities and liberties under the United Stated of America. The Supreme Court could not rule over birthright citizenship ever again.

However, the 14th Amendment was phrased in a way that failed to define jurisdictions and specific guaranteed rights between the state and federal governments,  just what privileges would be extended and to whom. The following cases can be used as primary sources that reflect the complex and confusing language of the 14th Amendment and how each case challenges the United States to uphold the law that states equal protection, privileges and immunities for all citizens.

Objective: In the form of a DBA, students are to selected 3 to 4 landmark cases from the 14 Supreme Court cases provided.

Each of these cases is unique to their time and place in history but they are the same in that they challenge the language of the 14th Amendment to defend the rights of American citizens.

Essay 1 Court Cases-1.docxPreview the documentView in a new window
Directions:

Utilizing the language of the 14th Amendment, student are to determine if their essay will address the issue of privileges, immunities or equal protection, select 3 to 4 cases that demonstrate how the “language of the 14th Am. was interpreted within the time and place of each case. The thesis and essay should be developed around this single aspect of the 14th Amendment.

Starting with the Constitutional language of the 14th Amendment, go to Cornell University Law school and read the 14th Amendment in its entirety: http://www.law.cornell.edu/constitution/amendmentxiv (Links to an external site.)
At the bottom of the page under Wex Resources a lot of great information is provided.
Take a look at the list of Supreme Court cases listed. I have provided a specific range of cases from 1879 to 1917 and the name, number, year and basic issue. Essay 1 Court Cases-1.docxPreview the documentView in a new window
In order to determine which cases you will focus your DBA on, you need to find out more about each case to develop a thesis for your essay.
Carefully read your essay prompt. If you have any question sends me an e mail or ask during class.
Develop a WORKING thesis and email it to me via Canvas BEFORE Monday! I will only assist you in your thesis if you send it to me by Monday.
Research:

Cornel University of law (LII) website
14th Amendment: http://www.law.cornell.edu/anncon/html/amdt14toc_user.html (Links to an external site.)
Language of the 14th Amendment: http://www.law.cornell.edu/constitution/amendmentxiv (Links to an external site.)
Also in on the Cornel website you can search for a specific case by typing it into the search field.
Bill of Rights Institute website
14th Amendment: http://billofrightsinstitute.org/resources/educator-resources/americapedia/amendments/fourteenth-amendment-general/ (Links to an external site.)
Landmark Supreme Court cases: http://billofrightsinstitute.org/resources/educator-resources/americapedia/americapedia-landmark-supreme-court-cases/
Library
Law: http://howardcc.libguides.com/law (Links to an external site.)
Street Law website
Landmark Supreme Court cases: http://www.streetlaw.org/en/landmark/home (Links to an external site.)
Execution: What is a Document Based Essay?

Take a look at this website:

https://www.gvsu.edu/cms3/assets/C7078FCF-E2C3-F3DD-7F8E1630561E3F3E/his_doc_based_essay.pdf
How do I cite in Chicago Style?

Look under the Information Literacy link.
Writing Criteria:

Consult the essay rubric on Canvas and use it to write your paper
Proper Chicago style format with full name, date, title and essay number.
4 to 5 pages but not to exceed 7 pages. 12 pt, normal margins, double spaced
The use of 3 to 4 court cases and 3 additional resources demonstrated in-text citation and the bibliography page…to substantiate your evidence.
Upload to Canvas dropbox under Essay 1 BEFORE the assignment is due. Canvas should develop a “credibility” report through Turnin. Check it out and make changes as needed. You may not under any circumstances submit your paper late or end up with a credibility report higher than 15% and expect a full grade.
Essay Prompt and Question:

The original intent of the 14th amendment was specific to the issue of race based discrimination. Over time, the Supreme Court was tasked with determining the fate of citizens who believed their right to protection, privileges and immunities under the 14th Amendment were in direct violation of the United States Constitution. The following cases question the language of the 14th Amendment and how the issues reflected the changing and expanding needs of the American people.

From the selection of Supreme Court cases from 1870 to 1917 determine what circumstances surrounded the plaintiffs need to file suit, the similarities and differences the plaintiffs faced during the time and place in history and the specific language within the 14th Amendment that infringed upon their writes as citizens. In your closing paragraphs, reflect on the outcome of the case. Were they just, fair, honest and true? Did they satisfy the needs of ordinary citizens? Explain your answers in detail.