Malcolm Rivera
The Civil Rights Movement in the United States has a long and complex history, with various constitutional amendments made to address issues of citizenship, civil rights, and equality. One of the most significant amendments is the 14th Amendment, ratified in 1868, which aimed to define African Americans as equal citizens under the law and extend the liberties and rights granted by the Bill of Rights to formerly enslaved people. The Civil Rights Act of 1964 is another key piece of legislation that outlawed discrimination based on race, colour, religion, sex, and national origin. It addressed issues of racial segregation in schools, public accommodations, and employment discrimination. The movement has also sparked debates about the interpretation of equality and the role of government in promoting it. Protests over the violent and discriminatory treatment of Black people by the justice system have also led to questions about the scope of the 14th Amendment's protections.
| Characteristics | Values |
|---|---|
| Date of Amendment | 13 June 1866 |
| Date of Ratification | 9 July 1868 |
| Amendment Number | 14th Amendment |
| Purpose | To define African Americans as equal citizens under the law and extend liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Key Provisions | Definition of citizenship, protection of civil rights, and the power of the federal government |
| Notable Figures | Congressman John A. Bingham of Ohio, Senator Jacob Howard of Michigan |
| Landmark Cases | Heart of Atlanta Motel v. United States, Lau v. Nichols, Cannon v. University of Chicago, Alexander v. Sandoval, Gratz v. Bollinger, Oncale v. Sundowner Offshore Services, Inc., Ricci v. DeStefano |
| Related Legislation | Civil Rights Act of 1964, Equal Employment Opportunity Act of 1972, 24th Amendment (outlawing poll tax) |
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What You'll Learn
The 14th Amendment
A key provision of the amendment was to grant citizenship to "all persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved individuals. This amendment also included the statement that "nor shall any state deprive any person of life, liberty, or property, without due process of law," protecting the rights of citizens.
Section 3 of the 14th Amendment addresses political officeholders who engage in insurrection or rebellion, stating that they shall not hold any office under the United States or any State. Section 4 affirms the validity of the public debt of the United States, including debts incurred for suppressing insurrection or rebellion.
Despite the intentions of the 14th Amendment, the Supreme Court initially ruled that it did not extend the Bill of Rights to the states, and it failed to effectively protect the rights of Black citizens during Reconstruction. However, citizens' efforts to empower the amendment laid the groundwork for change in the 20th century, and it continues to be invoked in civil rights cases, such as Heart of Atlanta Motel v. United States, where it was used to uphold the Civil Rights Act of 1964.
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Birthright citizenship
The 14th Amendment to the U.S. Constitution, passed in 1868, was a significant development in the history of civil rights and citizenship in the country. It established the principle of birthright citizenship, stating that "all persons born or naturalized in the United States" are citizens and are entitled to equal protection under the law. This marked a shift towards universal citizenship for people born in the U.S., regardless of race or previous legal status.
The concept of birthright citizenship, also known as jus soli, has a long history in the United States. The idea that birth within the country's boundaries confers citizenship can be traced back to early modern Europe and was adopted by the first American states. However, this principle did not initially apply to everyone; enslaved persons and their children were excluded from birthright citizenship, and even after the abolishment of slavery, Black Americans faced significant obstacles to attaining equal citizenship rights.
The 14th Amendment played a crucial role in addressing these injustices. Following the Civil War, Congress passed the Civil Rights Act of 1866, which declared that all persons born or naturalized in the United States were citizens, regardless of race. The 14th Amendment, ratified two years later, further solidified this principle by including it in the Constitution. This amendment transformed the terms of citizenship and ensured that African Americans, formerly enslaved people, and other marginalized groups could legally claim the same constitutional rights as all American citizens.
Despite the progress made by the 14th Amendment, debates and controversies surrounding birthright citizenship have persisted. One contentious issue is whether the amendment's protections extend to the children of unauthorized immigrants or non-citizens. While most legal observers interpret the amendment as endorsing jus soli citizenship regardless of parental status, there are dissenting views, and political opposition to this interpretation has arisen in recent decades. These debates continue to shape national conversations about citizenship and the ongoing struggle for equal rights and protections for all.
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Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States, prohibiting discrimination based on race, colour, religion, sex, and national origin. It was signed into law by President Lyndon Johnson on July 2, 1964, and was the culmination of John F. Kennedy's proposal in June 1963, which aimed to guarantee equal treatment and protection of rights for all Americans, regardless of race.
The Act specifically prohibited unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. It was the most sweeping civil rights legislation since Reconstruction, and its passage was not without difficulty. There was strong opposition in the House of Representatives and the Senate, with a 72-day filibuster led by Southern Democrats, who believed the bill to be unconstitutional and an infringement on states' rights.
Despite this resistance, the bill passed with a final vote of 290-130 in the House of Representatives and 73-27 in the Senate. The Act faced legal challenges, with business owners claiming it violated their individual liberty and property rights. However, in the case of Heart of Atlanta Motel v. United States (1964), the Supreme Court upheld the Act's constitutionality, asserting Congress's power to regulate interstate commerce.
The Civil Rights Act of 1964 was a significant step forward in guaranteeing equal rights for all Americans and remains one of the most important legislative achievements in the country's history. It set a precedent for further civil rights legislation and helped to address the legacy of racial discrimination and segregation in the United States.
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The 13th Amendment
> "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction."
The road to the 13th Amendment began with President Abraham Lincoln's Emancipation Proclamation in 1863, which declared freedom for enslaved people in the Confederate states. However, the proclamation had limited effect as it did not apply to border states or parts of the Confederacy under Union control. Lincoln recognised that a constitutional amendment was necessary to guarantee the abolishment of slavery. The 13th Amendment was passed at the end of the Civil War, before the Southern states rejoined the Union, and was approved by President Lincoln.
It is important to note that, four years earlier, Congress had passed a different version of the 13th Amendment, which stated:
> "No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State."
Fortunately, only two states ratified this version, and it did not come into effect. The final version of the 13th Amendment, abolishing slavery, was ratified by 18 of the necessary 27 states within a month of its passage in Congress. The amendment was temporarily stalled by the assassination of President Lincoln in April 1865, but Georgia became the 27th state to ratify it in December of that year, fulfilling the three-quarters requirement for Constitutional amendments.
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Black Lives Matter
The Civil Rights Movement in the US has a long and complex history, with several constitutional amendments made over the years to address racial inequality and discrimination. One of the most significant amendments came in the form of the 14th Amendment, ratified in 1868, which aimed to define African Americans as equal citizens under the law and extend liberties and rights to formerly enslaved people. This amendment provided a legal basis for challenging discrimination and demanding equal rights, but its promises have not always been upheld.
The Black Lives Matter movement emerged more recently, in response to the violent and discriminatory treatment of Black people by the justice system. Protests sparked by the killings of Trayvon Martin, Michael Brown, and others have brought issues of racial profiling and police brutality to the forefront. Black Lives Matter activists have compelled Americans to confront the enduring legacies of white supremacy, violence, and social injustice. They continue to demand answers to fundamental questions about the inclusivity of "We the People," the protection of rights, and the value of Black lives.
The Civil Rights Act of 1964 is another crucial piece of legislation in the Civil Rights Movement. It outlawed discrimination based on race, colour, religion, sex, and national origin, addressing issues of racial segregation in schools, public accommodations, and employment. The Act was a response to the massive resistance to desegregation and the murder of civil rights activists like Medgar Evers. While it was a significant achievement, it did not end the struggle for equal rights, and debates about the interpretation and enforcement of the Act continue.
The Equal Employment Opportunity Act of 1972 further amended the Civil Rights Act of 1964, strengthening the Equal Employment Opportunity Commission's role in guiding judicial interpretations of civil rights legislation. Landmark Supreme Court cases, such as Heart of Atlanta Motel v. United States, established the constitutionality of the 1964 Act and its prohibition of discrimination in public accommodations.
While the Civil Rights Movement has led to important constitutional amendments and legislation, the struggle for racial equality and justice is ongoing. Black Lives Matter continues to raise awareness, spark conversations, and push for change to address systemic racism and discrimination in the US.
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Frequently asked questions
The 14th Amendment to the U.S. Constitution, passed in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people, defining African Americans as equal citizens under the law.
The Civil Rights Act of 1964 was a landmark piece of legislation that outlawed discrimination based on race, colour, religion, sex, and national origin. It also prohibited employment discrimination, racial segregation in schools, and unequal application of voter registration requirements.
The 14th Amendment provided a legal basis for challenging discrimination and demanding equal rights and protections. It also nationalized the Bill of Rights, making it binding upon the states.
