WE THE PEOPLE: Fourteenth Amendment - Foundational Analysis and Future Implications

The Fourteenth Amendment is one of the most important amendments to the Constitution. It is one of the few amendments to apply directly to the states and as a result has been the subject of significant debate and controversy. One of the most significant impacts of the Fourteenth Amendment has been through the concept of incorporation, the theory that the amendment applies many provisions of the Bill of Rights to state and local governments. In addition, the due process and equal protection clauses of the Fourteenth Amendment have been used to extend civil rights and marriage equality in several key cases.

Join attorney Patrick Edaburn as he refreshes attorneys on the various historical and fundamental concepts and provides possible trends to future application of the amendment by the courts. 

Learning Objectives:

I.    Understand the background of the Fourteenth Amendment including the intent of the framers

II.   Grasp the historical significance of the doctrine of incorporation and what rights have been extended

III.  Analyze the application of the equal protection and due process clauses of the amendment

IV.  Anticipate possible future application of the amendment by the courts