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The Fourteenth Amendment, although not (obviously) a part of the Bill of Rights, presents rights that are as central to our democracy as those outlined in the Bill of Rights, including an expansion of the definition of citizenship to include the slaves freed after the Civil War, and what is known as the "due process" clause. This clause argues that the government cannot act against its citizens without allowing them the protection of the "due process" of all applicable laws and other protections.
In the case of the Fourteenth Amendment, as is true for those of the other Amendments discussed here, the courts (including both the lower courts -- which have a great deal more power than many people realize -- and the Supreme Court have a rather mixed record on upholding what seem clearly to be the intentions of the amendment. While no recent court would deny that blacks are citizens (except for those who argue that Barack Obama himself is not a U.S. citizen!), what constitutes "due process" has been interpreted in a range of strict...
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