PROTECTION OF CIVIL RIGHTS 4 4 Protection of Civil Rights ✓ Solved

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The United States has its own constitution providing clear procedures under the Second Amendment. This amendment states that any well-established militia that is under regulation being of necessity of the Free State security bears the rights of the people in keeping and bearing arms will not be under any infringement. Whereas the fourteenth amendment gives the provisions that there is not any state that will be found making or enforcing any laws which are deemed to be abridging the immunities or privileges of the citizens of the United States. It continues to state that the State shall not be responsible in depriving the life of a person, liberty including the property; this should be without the due processes of the law or even found in denying any of the persons within the State’s jurisdiction the equal protections of the laws of the US.

Notably, the 14th amendment which was under ratification in 1868 had given a green light for citizenship to every person born or have been naturalized in America. This also includes the former slaves. During the passing of the era of reconstruction, there was need to abolish the slaveries and the establishment of the civil rights for the black American. Hence it would become the basis for many landmarks of the decisions of the Supreme Court. The creation of the amendment bill, the southern states gave its resistance to the bill though the Congress had a requirement of ratifying the 13th amendment. This is because of the elections of the Congress in the year 1866 which later gave the Republican veto proofs of the majority both in the Senate and the House.

They had also resisted as giving their condition of presenting the Congress and the ongoing Union Armies in the Confederate States to ensure their compliance. This happened on 9th July, 1868, when Louisiana and South Carolina had already voted in the ratification of the 14th amendment hence, they made up the required two third of the majority. Arguably, the second section gave the repealing of the articles 1 sections 2 of clause 3 of the constitution. It made sure the people who were enslaved as the three fifths of the persons for the purposes of apportionment of the representation of the Congress.

Slavery had already been outlawed as in the 13th amendment as it gave clarification concerning the fact that all the residents, irrespective of their races should be in the counting of votes as a whole person. It also gave a guarantee that all citizens who are males over the age of 21 years despite of their age had equal rights of voting. On the other hand, the Southern States had even continued in denying of the Black men the right and freedom to vote using a collection of the states and also the local statutes. This happened during the era of Jim Crow. Also, there were subsequent amendments which guaranteed the women the right to also vote hence lowering the legal age of voting to be 18 years.

This amendment has been widely used in the US. It has indeed given the Supreme Court a ground to exercise its mandate. One of which was the ruling concerning the appeal of the case of Gitlow of the New York on 1925. The court gave its ruling that the due processes of the 14th amendment gave a protection of the first amendment freedom and rights of speech from being infringed by the federal government and the state. Notably, the jurisprudence of the supreme court which had been coupled with the framers’ intent give a clarification that the second amendment gives a guarantee to individuals who are law abiding in keeping and bearing arms. The 14th amendment hence makes sure there is incorporation of the second amendment to protect the states right from infringement by the state.

Additionally, as the American hold celebrations of the Bicentennial of the Bill of Right, it is evidently clear that this second amendment is not a relic embarrassment in hiding to the closet, but it is seen as one for the essentials to the freedom of the human rights as it could be in other fundamental rights.

Paper For Above Instructions

The Protection of Civil Rights is a fundamental pillar of democracy in the United States, enshrined in various amendments to the Constitution. The Second Amendment, which addresses the right of the people to keep and bear arms, and the Fourteenth Amendment, which assures equal protection under the law, are crucial in understanding civil rights and liberties. This paper explores the historical context, significance, and ongoing relevance of these amendments.

The Second Amendment's provision for the right to bear arms has historically been interpreted in conjunction with militias and their necessity for state security. Originally, the amendment was intended to ensure that states could maintain militias to defend against tyranny and oppression. However, interpretations have evolved, leading to Debates over individual versus collective rights. In the landmark case District of Columbia v. Heller (2008), the Supreme Court recognized an individual's right to possess a firearm unconnected with service in a militia, marking a significant shift in its application (Cornell, 2008).

Meanwhile, the Fourteenth Amendment was introduced during the Reconstruction era, primarily to secure rights for newly freed African Americans. Section 1 of the amendment prohibits states from denying any person the equal protection of the laws. This provision has been interpreted to counteract state laws that previously enforced discrimination and segregation, especially under Jim Crow laws. The Fourteenth Amendment represents a legal foundation upon which individuals can challenge state laws and actions that undermine civil rights.

The interplay between these two amendments became apparent in several Supreme Court cases throughout the twentieth century. For instance, in McDonald v. City of Chicago (2010), the Court ruled that the Second Amendment applies to state and local governments through the Fourteenth Amendment's Due Process Clause. This decision underscored the importance of incorporating the Second Amendment as a civil liberty protected from infringement by the government at any level (Pomerantz, 2010).

The Civil Rights Movement further emphasized the necessity of protecting civil rights through legislation and court rulings. Activists fought against oppressive laws and practices that marginalized individuals based on race, ethnicity, gender, and socioeconomic status. They emphasized that civil rights are universal and should extend to all Americans, challenging both legal and social barriers (Branch, 1988).

Moreover, the inclusion of various other amendments, such as the Nineteenth and Twenty-Fourth Amendments, which secured voting rights for women and prohibited poll taxes, demonstrates an evolving understanding of civil rights that encompasses broader societal issues. The struggle to secure civil rights has never been static; it reflects ongoing battles against oppression and inequality, and the promise of liberty and justice for all continues to be challenged in contemporary America.

Modern debates surrounding civil rights often center on issues such as gun control, voting rights, and systemic racism. For example, recent movements like Black Lives Matter have underscored the persistent disparities in law enforcement and the criminal justice system, advocating for both protections under the law and recognition of the dignity of all individuals (Ayers, 2018). Civil rights continue to be a dynamic and contentious terrain, with citizens and lawmakers grappling with the implications of historical amendments in modern society.

In conclusion, the protection of civil rights in the United States, fundamentally tied to the Second and Fourteenth Amendments, underscores the dynamic relationship between governance and individual liberties. As interpretations of these amendments continue to evolve, they remain integral to discussions about equality, justice, and the freedoms afforded to all citizens. Understanding the historical context and significance of these amendments enriches the ongoing dialogue about civil rights and highlights the importance of vigilance in protecting them for future generations.

References

• Ayers, E. L. (2018). The Promise of the New South: Life After Reconstruction. Oxford University Press.
• Branch, T. (1988). Parting the Waters: America in the King Years 1954-63. Simon & Schuster.
• Cornell, S. (2008). A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America. New York: Oxford University Press.
• Pomerantz, D. (2010). The Second Amendment and the Right to Keep and Bear Arms: A Historical Perspective. Kentucky Law Journal, 98(3), 647-688.
• Cottrol, R. J., & Diamond, R. T. (1991). The Second Amendment: Toward an Afro-Americanist Reconsideration. Geo. LJ, 80, 309.
• Kopel, D. B. (1998). The Second Amendment in the Nineteenth Century. BYU L. Rev., 1359.
• Kates, D. B. (1983). Handgun Prohibition and the Original Meaning of the Second Amendment. Michigan Law Review, 82(2).
• Levinson, S. (1989). The Embarrassing Second Amendment. The Yale Law Journal, 99(3).
• Lund, N. (1987). The Second Amendment, Political Liberty, and the Right to Self-Preservation. Ala. L. Rev., 39, 103.
• McDonald v. City of Chicago, 561 U.S. 742 (2010).

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