Fourteenth Amendment: General fixes (minor/cosmetic only skipped)
Okumaya devam et...
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| ===Fourteenth Amendment === | ===Fourteenth Amendment === |
| In 1866, during the [[39th United States Congress|39th Congress]], Bingham was appointed to a subcommittee of the [[United States Congress Joint Committee on Reconstruction|Joint Committee on Reconstruction]] tasked with considering [[suffrage]] proposals. Bingham submitted several versions of an amendment to the Constitution to apply the [[United States Bill of Rights|Bill of Rights]] to the states. His final submission, which was accepted by the committee on April 28, 1866, read, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws." The committee recommended that the language become [[Fourteenth Amendment to the United States Constitution#Section 1: Citizenship and civil rights|Section 1]] of the [[Fourteenth Amendment to the United States Constitution]]. It was introduced in the spring of 1866, passing both houses by June 1866.<ref>[http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0332_0046_ZD.html Adamson v. California], 332 U.S. 46, 103-104 (1947)</ref> | In 1866, during the [[39th United States Congress|39th Congress]], Bingham was appointed to a subcommittee of the [[United States Congress Joint Committee on Reconstruction|Joint Committee on Reconstruction]] tasked with considering [[suffrage]] proposals. Bingham submitted several versions of an amendment to the Constitution to apply the [[United States Bill of Rights|Bill of Rights]] to the states. His final submission, which was accepted by the committee on April 28, 1866, read, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws." The committee recommended that the language become [[Fourteenth Amendment to the United States Constitution#Section 1: Citizenship and civil rights|Section 1]] of the [[Fourteenth Amendment to the United States Constitution]]. It was introduced in the spring of 1866, passing both houses by June 1866.<ref>[http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0332_0046_ZD.html Adamson v. California], 332 U.S. 46, 103-104 (1947)</ref> |
| In the closing debate in the House, Bingham stated: | In the closing debate in the House, Bingham stated: |
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| Despite Bingham's likely intention for the Fourteenth Amendment to apply the first eight amendments of the Bill of Rights to the states, the [[US Supreme Court|U.S. Supreme Court]] declined to interpret it that way in the [[Slaughter-House Cases]] and in ''[[United States v. Cruikshank]]''. In the 1947 case of ''[[Adamson v. California]]'', Supreme Court justice [[Hugo Black]] argued in his dissent that the framers' intent should control the court's interpretation of the Fourteenth Amendment, and he attached a lengthy appendix that quoted extensively from Bingham's congressional testimony.<ref>[http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0332_0046_ZD.html Adamson v. California], 332 U.S. 46, 92-118 (1947)</ref> Though the Adamson Court declined to adopt Black's interpretation, the court over the next 25 years used a doctrine of [[incorporation (Bill of Rights)|selective incorporation]] to extend to application against the states the protections in the Bill of Rights as well as other unenumerated rights. | Despite Bingham's likely intention for the Fourteenth Amendment to apply the first eight amendments of the Bill of Rights to the states, the [[US Supreme Court|U.S. Supreme Court]] declined to interpret it that way in the [[Slaughter-House Cases]] and in ''[[United States v. Cruikshank]]''. In the 1947 case of ''[[Adamson v. California]]'', Supreme Court justice [[Hugo Black]] argued in his dissent that the framers' intent should control the court's interpretation of the Fourteenth Amendment, and he attached a lengthy appendix that quoted extensively from Bingham's congressional testimony.<ref>[http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0332_0046_ZD.html Adamson v. California], 332 U.S. 46, 92-118 (1947)</ref> Though the Adamson Court declined to adopt Black's interpretation, the court over the next 25 years used a doctrine of [[incorporation (Bill of Rights)|selective incorporation]] to extend to application against the states the protections in the Bill of Rights as well as other unenumerated rights. |
| Ohio ratified the Fourteenth Amendment on January 4, 1867, but Bingham continued to explain its extension of citizenship during the fall election season.<ref>Aynes p. 615</ref> The Fourteenth Amendment has vastly expanded [[civil rights]] protections and has come to be cited in more litigation than any other amendment to the Constitution.<ref>{{cite web |title=14th Amendment to the U.S. Constitution: Primary Documents in American History |url=https://guides.loc.gov/14th-amendment |publisher=Library of Congress |access-date=May 3, 2024 |archive-url=https://web.archive.org/web/20240503140514/https://guides.loc.gov/14th-amendment |archive-date=May 3, 2024}}</ref> In retrospect The [[National Constitution Center]] described John Bingham in tretrospect as "a leading Republican in the U.S. House of Representatives during [[Reconstruction era|Reconstruction]] and the primary author of Section 1 of the 14th Amendment. This key provision wrote the [[United States Declaration of Independence|Declaration of Independence]]’s promise of freedom and equality into the Constitution. Because of Bingham’s crucial role in framing this constitutional text, Justice [[Hugo Black]] would later describe him as the 14th Amendment’s [[James Madison]]."<ref>{{cite web |title=12.5 Primary Source: John Bingham, One Country, One Constitution, One People (1866) |url=https://constitutioncenter.org/educ...-one-country-one-constitution-one-people-1866 |publisher=[[National Constitution Center]] |access-date=May 3, 2024 |archive-url=https://web.archive.org/web/2024050...-one-country-one-constitution-one-people-1866 |archive-date=May 3, 2024}}</ref> It hailed him as "Second [[Founding Fathers of the United States|Founder]] who most worked to realize the universal promise of [[James Madison|Madison]]’s [[United States Bill of Rights|Bill]] and [[Thomas Jefferson|Jefferson]]’s [[United States Declaration of Independence|Declaration]]."<ref>{{cite web |author1=Tom Donnelly |title=John Bingham: One of America’s forgotten “Second Founders” |url=https://constitutioncenter.org/blog...ham-one-of-americas-forgotten-second-founders |publisher=[[National Constitution Center]] |access-date=May 3, 2024 |archive-url=https://web.archive.org/web/2024050...ham-one-of-americas-forgotten-second-founders |archive-date=May 3, 2024 |date=July 9, 2018}}</ref> | Ohio ratified the Fourteenth Amendment on January 4, 1867, but Bingham continued to explain its extension of citizenship during the fall election season.<ref>Aynes p. 615</ref> The Fourteenth Amendment has vastly expanded [[civil rights]] protections and has come to be cited in more litigation than any other amendment to the Constitution.<ref>{{cite web |title=14th Amendment to the U.S. Constitution: Primary Documents in American History |url=https://guides.loc.gov/14th-amendment |publisher=Library of Congress |access-date=May 3, 2024 |archive-url=https://web.archive.org/web/20240503140514/https://guides.loc.gov/14th-amendment |archive-date=May 3, 2024}}</ref> In retrospect The [[National Constitution Center]] described John Bingham in tretrospect as "a leading Republican in the U.S. House of Representatives during [[Reconstruction era|Reconstruction]] and the primary author of Section 1 of the 14th Amendment. This key provision wrote the [[United States Declaration of Independence|Declaration of Independence]]’s promise of freedom and equality into the Constitution. Because of Bingham’s crucial role in framing this constitutional text, Justice [[Hugo Black]] would later describe him as the 14th Amendment’s [[James Madison]]."<ref>{{cite web |title=12.5 Primary Source: John Bingham, One Country, One Constitution, One People (1866) |url=https://constitutioncenter.org/educ...-one-country-one-constitution-one-people-1866 |publisher=[[National Constitution Center]] |access-date=May 3, 2024 |archive-url=https://web.archive.org/web/2024050...-one-country-one-constitution-one-people-1866 |archive-date=May 3, 2024}}</ref> It hailed him as "Second [[Founding Fathers of the United States|Founder]] who most worked to realize the universal promise of [[James Madison|Madison]]’s [[United States Bill of Rights|Bill]] and [[Thomas Jefferson|Jefferson]]’s [[United States Declaration of Independence|Declaration]]."<ref>{{cite web |author1=Tom Donnelly |title=John Bingham: One of America's forgotten "Second Founders" |url=https://constitutioncenter.org/blog...ham-one-of-americas-forgotten-second-founders |publisher=[[National Constitution Center]] |access-date=May 3, 2024 |archive-url=https://web.archive.org/web/2024050...ham-one-of-americas-forgotten-second-founders |archive-date=May 3, 2024 |date=July 9, 2018}}</ref> |
| ===Later congressional career=== | ===Later congressional career=== |
Okumaya devam et...