The privileges and immunities clause
Section 1 of the 14th Amendment contains the "Citizenship Clause". It's one of three Amendments passed soon after the Civil War.
The correct answer is The 14th Amendment
The first attempt to incorporate the Bill of Rights to the states was based on the Fourteenth Amendment Powers of Congressional Enforcement (Section 5), followed by an attempt at using the Privileges and Immunities Clause. When these failed, incorporation was conducted via the Fourteenth Amendment Due Process and Equal Protection Clauses.For more information, see Related Questions, below.
The Fourteenth Amendment has been used to selectively incorporate the Bill of Rights to the states, most frequently via the Due Process Clause, although the Equal Protection Clause has also been used. An earlier Supreme Court decision prevented the Bill of Rights from being applied to the states via the Privileges and Immunities Clause.
He would use section 8 of the amendment.
Fourteenth Amendment - Rights Guaranteed Privileges and Immunities of Citizenship, Due Process, and Equal Protection Section 1: Established due process and equal protection under the law for all US citizens. Section 2: Defined the right to vote. Section 3: Cannot hold national office if you engaged in insurrection against US. Section 4: All US debts must be legal. Section 5: Congress can enforce these rules.
No one exactly won the case. Once the Supreme Court became involved they dismissed the charges. This was due to the disregard for the boys' Constitutional rights by the state of Alabama through the direct violation of Section 1 of the Fourteenth Amendment.
14th amendment, section 3
Hmm...Citizenship is defined in the Constitution itself - Article I, Section 8, Clause 4 gives congress the power to determine citizenship. The Constitution does say that anyone living in the United States upon ratification is a US citizen. Also note that citizenship for Black Americans is solidified in the fourteenth amendment, which overturned the Dred Scott v. Sandford decision.
The 25th Amendment,section 2 deals with this situation.
The fourteenth amendment is made up of five sections, with the third section stating:"No person shall be a Senator of Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."Therefore, the fourteenth amendment disqualifies anyone who has taken part in insurrection or rebellion against the United States from holding office.
Slavery was abolished by an amendment to the Bill of Rights section of the US Constitution. The 13th Amendment abolished slavery in the United States.