From slavery to equal protection: the misinterpretation of the fourteenth amendment and its lasting effects on American society
Parker, Jasmine D.
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https://hdl.handle.net/2142/16205
Description
Title
From slavery to equal protection: the misinterpretation of the fourteenth amendment and its lasting effects on American society
Author(s)
Parker, Jasmine D.
Issue Date
2010-05-19T18:40:34Z
Director of Research (if dissertation) or Advisor (if thesis)
Parker, Laurence J.
Department of Study
Educational Policy Studies
Discipline
Educational Policy Studies
Degree Granting Institution
University of Illinois at Urbana-Champaign
Degree Name
M.A.
Degree Level
Thesis
Keyword(s)
Reconstruction Era
14th Amendment
Fourteenth Amendment
Black Codes
Equal Protection Clause
Persons
Color-blind
Freedmen's Bureau
Civil War
Brown v. Board of Education
Critical Race Theory
Abstract
Written by the Reconstruction Congress, the Fourteenth Amendment was created with the attempts, in some historical interpretations, of providing humane and equal protection rights to newly freed persons. However, other interpretations of the context in the Fourteenth Amendment oppose the goal of the Thirty-ninth Congress with providing equal protection of the law to all newly freedmen. By engaging in this research, it is my goal to explain the Fourteenth Amendment as it was enacted and intended to be; as well as provide a comparative study of how it has been widely interpreted. In addition, I reference landmark Supreme Court cases affecting American society with their rulings based on the Equal Protection Clause of the Fourteenth Amendment. Finally, I provide an alternative interpretation to the understanding of the Fourteenth Amendment. In addition, I make available various options that the United States government could pursue in order to continue supplying opportunities, as well as maintaining diversity, to societal members without violating the Equal Protection Clause of the Fourteenth Amendment.
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