XVIII. Equal Rights Of Citizens
All Citizens Entitled To Equal Privileges And Immunities—Right To Vote Not Abridged
The great achievement in American government was the establishment of a Nation composed of independent and sovereign States. It was not an easy matter to bring all these States together as one government, so that there would be harmony and unity; but the framers of the Constitution succeeded in a wonderful way in adopting rules and regulations—the Constitution—which made this the most powerful and the most peaceful Nation in the world.[77]
Only once has there been any serious question between the States, and the Civil War settled that forever. Following the war, to bind the States more firmly together by the establishment of the rights of citizens of the various States, an amendment to the Constitution was adopted in 1868, by the people of the Nation, which is as follows:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”[78]
This portion of our Constitution establishes the citizenship of every person born or naturalized in the United States, and guarantees the rights of such citizens, not only in the State where he lives, but in any State. No State has the power, since the adoption of this amendment, to make or [pg 139] enforce any law which shall abridge the privileges, rights, or immunities of citizens, no matter in what State they may make their home.
By this amendment all States are prohibited from enacting any law, or permitting any procedure of their courts, which shall “deprive any person of life, liberty, or property, without due process of law”.
You will recall that immediately after the adoption and approval of the original Constitution there were ten amendments adopted which became effective in 1791, in one of which it was provided that no person “shall be deprived of life, liberty or property, without due process of law”. This forever barred the United States government from depriving the humblest citizen of his life, his liberty, or his property, except through the regular processes of the law which we have heretofore considered; and by the amendment of 1868 the same restriction was placed upon every State in the Union, thus completing the guaranty to every man, woman, and child, that life, liberty, and property would be safe and sacred. No power exists in the State or Nation by which life, liberty, or property may be interfered with, except through the tribunals established by the people themselves to hear and determine in a judicial way after proper notice with full opportunity to be heard in a public trial.
No secret schemes can be devised which will interfere with the rights of the humblest citizen, no power can be created strong enough wrongfully to invade the right to life, liberty, and property. These guaranties, being written into the Constitution, will stand forever, unless the people by their own choice shall throw away these great guaranties and destroy these great blessings.
Then following the Civil War, the people of America adopted the following as part of the Constitution of the United States: