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2012年GRE阅读机经——14修正法案(1)

2012-10-20 
GRE真题:阅读机经之14修正法案

  Fourteenth Amendment

  The Fourteenth Amendment to the United States Constitution, ratified in 1868, prohibits state governments from denying citizens the “equal protection of the laws.” Although precisely what the framers of the amendment meant by this equal protection clause remains unclear, all interpreters agree that the framers’ immediate objective was to provide a constitutional warrant for the Civil Rights Act of 1866, which guaranteed the citizenship of all persons born in the United States and subject to United States jurisdiction. This declaration, which was echoed in the text of the Fourteenth Amendment, was designed primarily to counter the Supreme Court’s ruling in Dred Scott v. Sandford that Black people in the United States could be denied citizenship. The act was vetoed by President Andrew Johnson, who argued that the Thirteenth Amendment, which abolished slavery, did not provide Congress with the authority to extend citizenship and equal protection to the freed slaves. Although Congress promptly overrode Johnson’s veto, supporters of the act sought to ensure its constitutional foundations with the passage of the Fourteenth Amendment.

  第一段:14修正案禁止政府否认法律对公民的平等保护“equal protection of the laws”

  虽然不太明白提案者这么说的具体意义,但所有解释都认同提案者的直接目的是为Civil Right Acts提供支持,这个Act的内容是保证所有出生于美国的并遵从美国法律的公民的市民权citizenship。14修正案重提Act的内容主要是为了反对最高法院Super Court的“黑人应该没有citizenship”这一判决。Act被总统否定了,他认为13修正案中废除了奴隶制,但没有向国会提供将citizenship和equal protection扩展到黑人的权力authority。尽管国会又否决了总统的否定,Act的支持者们仍然去寻找Act的宪法基础constitutional foundations,这样就有了14修正案。

  The broad language of the amendment strongly suggests that its framers were proposing to write into the Constitution not a laundry list of specific civil rights but a principle of equal citizenship that forbids organized society from treating any individual as a member of an inferior class. Yet for the first eight decades of the amendment’s existence, the Supreme Court’s interpretation of the amendment betrayed this ideal of equality. In the Civil Rights Cases of 1883, for example, the Court invented the “state action” limitation, which asserts that “private” decisions by owners of public accommodations and other commercial businesses to segregate their facilities are insulated from the reach of the Fourteenth Amendment’s guarantee of equal protection under the law.

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