In 1868 the Fourteenth Amendment was ratified and has since completely changed the course of American history. Its assurance of due process and equal protection under the law has served to ensure and defend the rights of all American citizens. It gave a new sense of hope and inspiration to the once oppressed and underrepresented individuals. The Fourteenth Amendment has persistently guided our country as it strives to satisfy its promise of freedom and equality for the nation. Over time, this Amendment has served as a basis for many cases ensuring the equal protection of all citizens. One of these cases, Gideon v. Wainwright, served as a further enforcement of the 14th amendment's words, specifically the due process guarantee. Gideon was
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Gideon sued Louie L. Wainwright for habeas corpus. The decision was by the Supreme Court under Chief Justice Earl Warren that protected rights of accused criminals and extended the guaranteed the bill of Rights to state actions. Failure of the state to provide counsel for a defendant charged with a felony violated the due process clause of the Fourteenth Amendment. Gideon began a life of crime at a young age.
The Respondent was Louie L. Wainwright, Director, and Division of Correction. It was decided by Warren Court (1962-1965) and it was argued on January 15, 1963 and finally decided on Mach 18, 1963. Gideon was not your normal teenager as he did not spend much time with friends nor did he seem to care much about
Clarence Earl Gideon was an indigent living in Florida who was accused of breaking into the Bay Harbor Poolroom in Panama City, Florida with the intention to commit petty larceny. He had to represent himself at trial since he was poor and Florida did not provide state-funded attorneys for indigents. Once the case was taken up by the Supreme Court, it was affirmed by unanimous decision that anyone had a right to counsel. In Betts v. Brady which Gideon’s case overturned, Betts was an indigent accused of robbery who, when he asked for counsel at his trial, was denied. He later appealed his case up the court system and eventually to the Supreme Court on the grounds that, due to such actions, he had been held illegally.
Clarence Earl Gideon was falsely accused of burglarizing a cigarette machine and jukebox inside a poolroom. When Gideon was sent to court to receive his sentence, he had no lawyer, therefore he had to defend himself. Despite his valiant efforts, Gideon was sent to 5 years in prison. While there, Gideon filed a petition for writ of habeas corpus hoping to challenge his conviction. His ability to file for a petition is a positive right, so even though he was not given a lawyer, despite his need and right to one, some of his positive rights—filing a petition—were still upheld.
On an unanimous vote, the Supreme Court ruled in Gideon’s favor. He was given another trial and the charges were acquitted. His efforts against this issue led to it being made known that no matter the crime, each and every person must be provided a lawyer if they cannot afford one themselves. “If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cell with a pencil and paper to write a letter to the Supreme Court, and if the Court had not taken the trouble to look for merit in that one crude petition ... the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter, the Court did look into his case ... and the whole course of American legal history has been changed.”
Fortas argued Gideon 's case by using wether Betts V. Brady should be reconsidered. The Betts V. Brady case had ruled that (akin to Gideon’s) that the fourteenth amendment requires states to appoint counsel only under special circumstances. It has been an unpopular standard and was constantly criticized but nevertheless was in effect. In only two short months, the verdict for Gideon 's case had been decided, Betts V. Brady was found unconstitutional, as it violated the sixth amendment 's right to a fair and speedy trial and that looking at the fourteenth amendment, which guarantees due process of law, the court was wrong to not have appointed Gideon a lawyer. The court then ruled that Gideon should be given a retrial, this time with a court appointed
It is well understood in today’s society that every person charged with a crime is entitled to the counsel of an attorney, regardless if the defendant can afford an attorney or not. Prior to the landmark decision of Gideon v Wainwright (1963), indigent defendants charged in state courts were not guaranteed the right to counsel. The Gideon case extended the Sixth Amendment of the United States Constitution’s right to counsel in federal trials, though incorporation by the Fourteenth Amendment, to apply to all states. Justice Black wrote the opinion for the Supreme Court in Gideon and opined that “The right of one charged with a crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours” (Gideon
The single most important sentence located in the 14th Amendment reads, “Nor shall any state deprive any person of life, liberty, or property without due process of the law nor deny to any person within its jurisdiction the equal protection of the laws.” This sentence helps to determine if someone has had their rights violated, as evident in the Goss V. Lopez. In this case 9 students were suspended for 10 days without receiving a hearing. It was ruled that this violated the Due Process clause governed by the Constitution. Because of this case public schools re require to provide “oral or written notice of the charges against him and if he denies them an explanation of the evidence the authorities have an opportunity to present his side of the story.”
The 14th Amendment of the U.S. Constitution protects any person within their jurisdiction of their due process and equal protection. The Equal Protection Clause under the 14th Amendment requires the states to apply their laws equally to any person within their jurisdiction. The equal protection clause aims to provide equal application of the law. It is also crucial to the protection of civil rights. There should be no discrimination in its application.
In the viewpoint of classical republicanism, the federally protected land should be turned over to the state governments to decide what to do with the land. In the 14th amendment, the due process clause is designed to protect the legal rights of an individual. This is a perfect example of natural rights philosophy within our government. The natural rights philosophy values individual rights the right to life, liberty and the pursuit of happiness as stated in the United States Declaration of Independence. Amendment 14 protects Americans individual rights all with serving as an excellent example of natural rights philosophy in our government.
The fourteenth amendment protects the little people. The people who are slipping through the cracks, the ones that have fallen by the wayside of the majority. Recently, this has meant rulings in favor of same-sex marriage. Historically, it has granted women the right to an abortion and given African Americans the right to go to the same schools as their fellow Americans. In each case, an oppressed or otherwise infringed group from the overreaches of the state, the society at large.
Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.
The 14th Amendment right to equal protection as recognized under Baker v Carr designed on the surface to ensure fair participation in the democratic process, however, it is more so a check on the majority. As Baker v Carr introduces, the 14th Amendment does not cover all types of discrimination. For example, discrimination by the means of improper districting of a state, intentional or not, is not covered by the Constitution. However, what the 14th Amendment does do effectively is put a check on the majority will through rights. The majority rules and the only way to prevent this is through rights, which dictate what people are and are not allowed to do.
America had just finished fighting the Civil War and we were broken. Reconstruction began in 1865 and was the time of rebuilding America after the Civil War tore apart our country. People also referred to the this time as “putting back the pieces”. Abraham Lincoln was the president during this period of time. He had thought of a blueprint for the Reconstruction; which consisted of an idea known as the Ten-Percent Plan.
The Fourteenth Amendment (Amendment XIV) The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states.