Law Day 2017- the 14th Amendment: Transforming American democracy

  • Published
  • By Capt. James K. Jordan IV, assistant staff judge advocate
  • 673d Air Base Wing Office of the Staff Judge Advocate

Since 1958, May 1st has been set aside as Law Day; a celebration of the American respect for rule of law and democracy in America. Law Day allows us, as Americans, to celebrate the rights we enjoy under the Constitution and reaffirm our commitment to justice and equality. For Law Day 2017, the American Bar Association has chosen the theme, “The 14th Amendment: Transforming American Democracy.”

The 14th Amendment is a perfect opportunity to spotlight an important aspect of law and its impact on our daily lives. Section 1 of the 14th Amendment is comprised of four main clauses: the citizenship clause, the privileges and immunities clause, the due process clause, and the equal protection clause. The citizenship clause generally confers legal citizenship on all persons born in the United States and indicates whether they were naturally born or naturalized, they are citizens of their state and the United States. This transformed our divided nation coming out of the legacy of slavery. The privileges and immunities clause prohibits states from infringing upon the rights of U.S. citizens. Further, the due process clause requires state and local governments to administer fair and just legal proceedings. Out of this clause has come the right to a jury, the right to privacy and the right to marry. Finally, the equal protection clause prohibits states from discriminating against individuals or groups and advances constitutional equality. This clause famously brought down racially segregated public schools and invalidated other impermissible classifications.

Perhaps American history professor David W. Blight, director of the Gilder Lehrman Center for the Study of Slavery, Resistance and Abolition at Yale University said it best when he stated that the 14th Amendment “ought to be embraced as a holy writ that binds our national community, that fortifies even the very idea of America born of this second founding.” In short, the 2017 Law Day theme provides us with not only an opportunity to celebrate the legacy of the 14th Amendment, but to explore the role of our Constitutional rights and renew our understanding of and appreciation for the rule of law.