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By Carrie Fredericks

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Extra resources for Amendment XIV: Due Process (Constitutional Amendments)

Sample text

In Barron v. City of Baltimore] Chief Justice [John] Marshall held in effect that they were a limitation solely on the federal government. Two “Due Process” Amendments In the first important case involving the Due Process Clause it was determined that the language was “undoubtedly intended 34 Historical Background on the Fourteenth Amendment to convey the same meaning as the words ‘by the law of the land,’ in Magna Charta” (Murray’s Lessees v. , 1856). This dictum limited the Clause to procedural notice and hearing, with the notice required to be adequate and the hearing fair, and subsequent opinions also followed this view (of course, “adequate” and “fair” themselves had to be interpreted, defined, and applied).

It meant, quite simply, that “conviction by means of unlawful seizures and enforced confessions . . should find no sanction 62 Testing the Due Process Clause of the Fourteenth Amendment in the judgments of the courts . . ,” Weeks v. ” Silverthorne Lumber Co. v. United States. Another Aspect of the Weeks Case There are in the cases of this Court some passing references to the Weeks rule as being one of evidence. But the plain and unequivocal language of Weeks—and its later paraphrase in Wolf—to the effect that the Weeks rule is of constitutional origin, remains entirely undisturbed.

According to Foner, the amendment fell short of what the Republicans had envisioned because it still allowed states to deny certain rights to black men. The importance of the Fourteenth Amendment in relation to the other two Reconstruction amendments is discussed, along with how all three amendments fared after ratification. Foner is the DeWitt Clinton Professor of History at Columbia University. O n June 13, 1866, Thaddeus Stevens, the Republican floor leader in the House of Representatives and the nation’s most prominent Radical Republican, rose to address his Congressional colleagues on the Fourteenth Amendment to the Constitution.

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