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14th Amendment Legal Issues

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What Are Some Common 14th Amendment Legal Issues?

The 14th amendment is one of the broader sections of the U.S. Constitution. It covers a wide range of legal concepts and ideas. Some legal issues that commonly involve 14th amendment concepts include:

  • Citizenship claims
  • School-related incidents (often involve issues with due process)
  • Discrimination lawsuits (these stem from the equal protection provisions in the 14th amendment)
  • Travel rights (under the privileges and immunities clause)

Thus, one legal claim can often involve a number of different constitutional laws and issues. These can sometimes be difficult to sort out, especially if there are multiple violations involved in the case.

How Are 14th Amendment Dispute Resolved?

Like many constitutional law disputes, 14th amendment legal issues often require the intervention of a government agency. This is especially true of equal protection and anti-discrimination provisions that are involved in the dispute. In many instances, the plaintiff must first file a complaint with the appropriate government agency before they can file a lawsuit. An example of this is where the plaintiff must file with the Equal Employment Opportunity Commission (EEOC) when dealing with a discrimination claim.

Thus, in some cases, a lawsuit may only after a government agency investigation has not proved fruitful or helpful to resolve the issue. This of course can vary by case. In some instances, a waiver may be allowed that lets the person file a lawsuit directly before filing with an agency.

Violations of 14th amendment rights can be very serious and may lead to major legal remedies including a damages award or an injunction. For instance, if a person’s due process rights are violated by a government entity, it can involve the government returning seized property, or other similar remedies.

Do I Need a Lawyer for Help with 14th Amendment Legal Issues?

Constitutional laws can often be very complex and may require the assistance of a legal professional. You may wish to hire a lawyer if you have a legal dispute and you believe your rights may have been affected. Your attorney can provide you with advice for your claim and can also assist you during the court process.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 06-01-2015 03:32 PM PDT

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