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 1866Defines US citizenship (But silent about state citizenship)US citizens of every "race or color” have certain rights, especially property rightsEntitled to “full and equal benefit” of all laws“Black Codes” enacted over President Andrew Johnson’s vetoThere was concern about CRA's constitutionality, so it was……Re-cast into the 14th Amendment14th Amendment14th defines state citizenship, in contrast to the CRA, which does not.Lecture 4 POLS 207Outline of Last Lecture:Surges in CentralizationI. Centralization varies by historical periodA. 1780sB. 1860sC. 1930sD. 1960sII. Centralization varies by policy areaOutline of Current Lecture:Alternate Reasons for the 14 th AmendmentI. Reasons for the 14th AmendmentA. To “constitutionalize” the Civil Rights ActB. To “constitutionalize” the spirit of the Declaration of IndependenceCurrent 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 14 th 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 thatbe considered depriving their master of property, thereby violating the 5th 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 14th 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