The 14th Amendment of the U.S. Constitution was enacted in response to the controversy regarding the citizenship status of former slaves. It was ratified on July 9, 1868, and guarantees equal protection under the law to all citizens, regardless of race or ethnicity. The amendment also grants citizenship to anyone born or naturalized in the United States, and prohibits states from denying citizens their constitutional rights.
Despite its clear language, the 14th Amendment has been the subject of much debate and controversy over the years. Most recently, it has been invoked in discussions surrounding the national debt ceiling. Sen. John Fetterman, D-Pa., is facing scrutiny after he claimed last week the “whole reason' for the 14th Amendment was to assist with debt.
With negotiations over the debt ceiling stalling, some lawmakers are pushing President Biden to invoke the 14th Amendment. Some Democratic lawmakers are calling on President Biden to invoke the 14th Amendment as the debt ceiling deadline looms. Rep. Alexandria Ocasio-Cortez has been particularly vocal on the issue, stating that "we can't default on our debt."
However, invoking the 14th Amendment to address the debt ceiling is not without controversy. Let the politicians in the executive and legislative branches haggle, posture, waffle and eventually resolve this issue. Some legal experts argue that the amendment was not intended for this purpose, and that using it to resolve the debt ceiling crisis could set a dangerous precedent.
The 14th Amendment has also been invoked in discussions about gun laws and national security. In recent years, there has been much debate over the right to bear arms and the government's ability to regulate firearms. Some gun rights advocates argue that the 14th Amendment protects their right to own firearms, while others argue that it allows the government to regulate gun ownership for the sake of public safety.
Similarly, the 14th Amendment has been invoked in discussions about national security and the government's ability to detain individuals without trial. Some legal experts argue that the amendment's due process clause requires the government to provide a fair and impartial hearing before depriving someone of their liberty.
The 14th Amendment has also been invoked in discussions about international law and human rights. Some advocates argue that the amendment's equal protection clause requires the government to treat all individuals, regardless of nationality, with dignity and respect. This has been particularly relevant in discussions about immigration and the treatment of refugees.
A judge in Boston has ordered a hearing next week on one of the key arguments that President Joe Biden has the legal authority to ignore the previous administration's "Remain in Mexico" policy. The argument rests on the 14th Amendment's due process clause, which prohibits the government from depriving individuals of their liberty without a fair and impartial hearing.
Despite its many interpretations and applications, the 14th Amendment remains a critical component of the U.S. Constitution. It guarantees equal protection under the law to all citizens, and sets a standard for human rights and dignity that extends beyond national borders. As Rep. Ocasio-Cortez put it, "the 14th Amendment is not just some dusty old document. It's a living, breathing part of our democracy, and we need to use it to protect our rights and freedoms."
