Note: The work sex ummy is still in development stages. Additions, editing, proof reading and clarifications will follow as time allows. All emphasis are mine unless otherwise noted.
But they will make denial,” said Rep. Bingham points out that no State may deny to any person within its jurisdiction the equal protection “not of its laws, but of the laws,” i. Bingham says the Fourteenth Amendment secures the power to enforce the same identical condition that had been placed upon the State of Missouri in 1821. Bingham said both Due Process and Equal Protection of the Laws were the words of Chapters 39 and 40 of the Magna Charta. The privileges and immunities of citizens of the United States refer only to those privileges and immunities embraced in the original text of the Constitution, Article IV, Section II. Bingham said, “citizens of the United States, and citizens of the States, as employed under the Fourteenth Amendment, did not change or modify the relations of citizens of the State and the Nation as they existed under the original Constitution.
To understand the goal and function of the Fourteenth Amendment’s first section one needs to understand that its entire purpose was to give legal validity to the Civil Rights Bill of 1866. The goal of both of these acts were to put an end to criminal black codes established under former rebel States that at the time were being administered under policies of President Andrew Johnson. Because former slaves were now considered citizens of the United States by Lincoln’s emancipation, Congress felt it was vital to protect their fundamental rights as United States citizens under Article IV, Sec. Under the original Constitution, citizens of the United States were required to be first a citizen of some State – something blacks of the south could not claim. This is why it was imperative for the first section to begin with a definition of citizenship so that no State could refuse recognition of newly freed slaves as U. State laws of justice compared with a white citizen. It should be pointed out that after the south surrendered there was no longer any organized Southern States belonging to the Union, only federally administered former States that became divided into military districts whose inhabitants were treated primarily as citizens of the United States rather than citizens of a State.
The problem with the initial administration of these former rebel States was with President Andrew Johnson’s lack of consultation with Congress on his administration plans. The Fourteenth Amendment’s first section was not seen as very controversial with many States because it was widely explained to only give effect to the popular Civil Rights bill of 1866 that called for equality before State courts in law and proceedings for the security of person and property, to sue and for blacks to be subject to the same pains and penalties as white men. The first prototype of section one to amend the Constitution presented to the Reconstruction Committee for consideration was from Robert Dale Owen. It read, “No discrimination shall be made by any State, nor by the United States, as to the civil rights of persons, because of race, color, or previous condition of servitude. This response makes it difficult to argue the Fourteenth Amendment was intended to protect a broader range of civil rights beyond what it actually enumerates.
On December 6, 1866, Bingham offered a separate proposal to amend the Constitution with the intention “to secure to all persons in every State of the Union equal protection in their rights, life, liberty, and property. There was serious concern whether Bingham’s stand-alone amendment would have any chance of being adopted, and the prevailing thought was it would have to be made part of an existing proposal that would be found popular with the people in the north, e. The Congress shall have power to make laws which shall be necessary and proper to secure to the citizens of each State all the privileges and immunities of citizens in the several States, and to all persons in the several States equal protection in the rights of life, liberty, and property. Note that Bingham uses the words “equal protection” in place of “due process” in this initial proposition to amend the Constitution and spoke of the laws requiring equal protection as those laws of due process. The first question such language inspires is exactly what Congress is supposed to secure by law, and equally important, what is forbidden of the States? Bingham helps us out in a February 26, 1866 speech by stating that every “word in the proposed Amendment is today in the Constitution of our country.