14th Amendment Guarantees Equal Rights for All US Citizens

Although the first 10 Amendments to the Constitution of the United States of America are called the “Bill of Rights,” and are considered the most important paragraph ever written, I contend that the Fourth and the 14th are of equal importance, guaranteeing the rights of all Americans. Because the 14th is not contained in the Bill of Rights, it sometimes appears to be forgotten.

“The truth lives here,” and no one can disagree that the importance of the First Amendment can never be overstated. It is a summation of the most important guarantees of human rights and equal rights for all of our nation’s people, without exception. It also contains protection for the press, who are expected to report corruption in our government. The right to vote for all American citizens is the most important and powerful of all and must be protected when needed, preventing the exclusion of any individual.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Now, read the basic promises offered by the 14th, passed by Congress on June 13, 1866, and ratified on July 9, 1868.

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Note the capitalization of the word “State.” This refers to the federal government and therefore guarantees enforcement by individual states.

The keywords are “equal protection under the laws.”

After the attack on our nation in 2001, Congress passed the “Patriot Act,” a “knee-jerk reaction” to an American tragedy, which became and continues to be a violation of both the Fourth and 14th Amendments. Many of our personal rights and freedoms became void based on the need for “national security.” Our government forgot that our nation is the people, and the government reports to us.

Allow me to refresh your memory of the Fourth Amendment.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Along with the First Amendment, the Fourth and 14th are intended to protect the individual rights of all Americans. The 14th also defines the limitations of our elected officials, preventing election if those rules are broken.

Okay, I’m aware that this may be a bit confusing for most, but allow me to simplify the promises of these important guarantees to our democracy. For our younger Americans, this may appear to be a lesson in “civics,” but believe me, this is much more. These Amendments define your future and are worth close inspection. The intention of our founding fathers, and those who succeeded them, was that all of our nation’s people have a voice in our government.

They established a democratic republic in which the people would elect men who would serve the needs and wishes of the majority. Their concerns were the rights of free speech, the ability to practice the religion of choice or none at all, the right to vote, to protest when our government acts in a way that violated their rights, the protection of our privacy in every legal situation and the prevention of government to violate those rights without due process. Most importantly, it contains a promise that no American citizen, regardless of race, creed, color, sex, or possession of wealth, would receive treatment unequal to any other under our nation’s judicial system.

Rampant voter suppression is supported by many in Washington and at least 31 states today. In our courts, minorities and the poor are treated differently than the rich and powerful. Punishment for comparable crimes reveals the fact that the white, rich, and powerful receive little or no punishment for the same alleged crimes committed by minorities and the less fortunate.

If the Constitution is to remain relevant to our nation’s future, it must be enforced. All Americans deserve and require equal treatment under the law and fair treatment when faced with legal action.

The reality of “two America’s” must end. No one is above the law, and no one can be allowed to receive “special treatment” because of their wealth, color of skin, or political power.

This brings me to the importance of the Supreme Court. When the men and women privileged to sit on the Court put on their robes, they are required to leave politics and personal beliefs behind. Every issue brought before them must be judged fairly according to its relationship to the Constitution of the United States. This is the function of the Court as designed by our founding fathers. They are forbidden from making their judgments based on public opinion or our nation’s current political atmosphere.

The Constitution means nothing if a single member of the Court refuses to apply these principles to every issue brought before it. It is intended to be “The Law of the Land.”

In the 21st century, it has become acceptable for our elected officials to choose which parts of the Constitution they support. That’s not what they swear to when sworn into office. However, when a member of the Court makes a single decision based only on his or her personal opinions, it affects all 330 million Americans. This is unacceptable.

When the 14th Amendment is ignored, and it happens all too frequently, the entire Constitution becomes invalid. As most of you know, the poor, minorities, and women are seldom given equal protection. America will never be a great nation until the Constitutional rights of all Americans are protected.

An informed man is a dangerous man. All too often our politicians attempt to place their own beliefs into our laws. Most of the time, those beliefs protect special interests and ignore the needs of the majority. If that informed man is aware of any corruption in our government, he or she can vote accordingly.

It is our duty to ignore political parties and vote for candidates whose ideas are most closely aligned with our own and those we love. We deserve elected officials who will place the rights of the many ahead of the rights of the few.

In high school, I found civics class boring. However, as I matured and neared the voting age of 21, I realized that I had the right, the responsibility, and the power to create change. I admit that my votes are not always in the majority, but my input is important.

The rights guaranteed by the First, Fourth, and 14th Amendments will be ignored unless we, the people, remain involved in what happens in Washington. An informed voter is a powerful citizen.

Op-ed by James Turnage

Sources:

CONGRESS.GOV: Browse the Constitution Annotated; Fourteenth Amendment
CONGRESS.GOV: Constitution of the United States; Fourth Amendment
NATIONAL ARCHIVES: 14th Amendment to the U.S. Constitution: Civil Rights (1868)

Featured and Top Image by Vinayak Sharma Courtesy of Unsplash
First Inset Image by Clay Banks Courtesy of Unsplash
Second Inset Image by Nathan Dumlao Courtesy of Unsplash