Lecture 4 POLS 207 Outline of Last Lecture Surges in Centralization I Centralization varies by historical period A 1780s B 1860s C 1930s D 1960s II Centralization varies by policy area Outline of Current Lecture Alternate Reasons for the 14th Amendment I Reasons for the 14th Amendment A To constitutionalize the Civil Rights Act B To constitutionalize the spirit of the Declaration of Independence Current Lecture Alternative explanations for why we have the 14th Amendment To constitutionalize 1866 Civil Rights Act this was the narrower purpose The spirit of the Declaration of Independence this was the broader purpose Civil Rights Act of 1866 Defines US citizenship But silent about state citizenship US citizens of every race or color have certain rights especially property rights Entitled to full and equal benefit of all laws Black Codes enacted over President Andrew Johnson s veto There was concern about CRA s constitutionality so it was Re cast into the 14th Amendment 14th Amendment 14th defines state citizenship in contrast to the CRA which does not Addressed dual citizenship problem arising from the 1857 Dred Scott decision did slaves become free when they stepped foot on the soil of free states or would that be considered depriving their master of property thereby violating the 5 th Amendment The 14th Amendment settled this issue once and for all by clearly defining citizenship state and national Most important benefits of citizenship flowed from STATE rather than NATIONAL citizenship Some view the 14th Amendment as constitutionalizing the spirit of the Declaration of Independence in other words constitutionalizing the idea that All men are created equal and endowed by their Creator with certain inalienable rights governments derive their just powers from the consent of the governed Those that hold this view see the Constitution as a counter revolutionary measure a way to kind of reign in certain Americans and tamp down rebellious independent revolutionary thoughts once they were no longer needed to overthrow Great Britain So they see the 14 th Amendment as a way to make sure that the independent spirit of the Declaration of Independence lived on in the Constitution in spite of the counter revolutionary spirit of the Constitution
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