The Fourteenth Amendment and Discrimination Cases
The Fourteenth Amendment abolished slavery and its consequences, such as racial discrimination. What is more, it stated that no state should make or enforce any law which could abridge the privileges or immunities of citizens of the United States. In addition, states cannot deprive any person of life, liberty, or property except the process of law or deny any person within its jurisdiction of the equal protection of the law.
The fourteenth amendment contains several important provisions, some of which affected the former slaves, including the granting of citizenship to any person born in the United States and the prohibition of deprivation of rights otherwise than by a court’s decision. This amendment has become one of the most democratic in the history of American constitutionalism as it not only proclaimed the equality of all citizens regardless of skin color but also included state penalties for violation of these regulations by means of reducing the rate of representation in the US Congress.
However, the decision of the case Elk v. Wilkins claimed that Native Americans are “not members of any political community, nor entitled to any of the rights, privileges, or immunities of citizens of the United States.” It seems very significant to point out that Congress granted citizenship to Indians only in 1940. All in all, in the case, if the government refuses to seat Native Americans, it should be considered discrimination against their rights. According to the law, Native Americans are declared citizens of the United States, and, there, the government should take responsibility for its actions concerning Indians in all the spheres of life.