Omar Bennett
The US Constitution has been amended several times to address racial inequality and subordination. The 13th, 14th, and 15th Amendments were passed in the wake of the Civil War to abolish slavery and extend equal rights and citizenship to formerly enslaved people. The 14th Amendment, in particular, has been interpreted to address racial segregation and discrimination, with the Supreme Court ruling in the 1954 Brown v. Board of Education case that racial segregation in public schools was unconstitutional. Despite these amendments, racial inequality and subordination have persisted in the US, with ongoing debates about the role of race in university admissions, employment, and government contracting.
| Characteristics | Values |
|---|---|
| Date of Proposal | June 16, 1866 |
| Date Passed by Congress | June 13, 1866 |
| Date Ratified | July 9, 1868 |
| Amendment Number | Fourteenth Amendment |
| Purpose | To extend liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Author | Congressman John A. Bingham of Ohio |
| Notable Figures | Senator Jacob Howard of Michigan |
| Notable Court Cases | Plessy v. Ferguson (1896), Brown v. Board of Education (1954), Regents of the University of California v. Bakke (1978), Milliken v. Bradley, Green, Plyler v. Doe |
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What You'll Learn
The Fourteenth Amendment
The amendment's impact on education is notable, with various Court of Appeals rulings in the aftermath of Green finding school board plans based on "freedom of choice" or traditional residential zoning inadequate in achieving desegregation. The Supreme Court unanimously declared that segregated schools were no longer constitutionally permissible, mandating the immediate termination of dual school systems. This was elaborated in the Swann v. Charlotte-Mecklenburg Board of Education case, where the Court emphasised the goal of dismantling an officially imposed dual school system.
While the Fourteenth Amendment was a significant step towards racial equality, it did not immediately end the legalized subordination of African Americans. The interpretation and application of the amendment have evolved over time, with the Supreme Court's decision in Plessy v. Ferguson adopting a "separate but equal" principle that allowed for state-imposed distinctions based on race. Despite this setback, the Fourteenth Amendment remains a crucial tool in the ongoing struggle for racial equality.
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Birthright citizenship
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born “within the jurisdiction of the United States.” The Citizenship Clause of the Fourteenth Amendment has been interpreted through Wong Kim Ark to unequivocally extend birthright citizenship to anyone born in the United States. However, anti-immigrant political factions have pushed to restrict birthright citizenship, primarily by attempting to deny it to children born in the United States to undocumented immigrant parents.
In 2019, then-President Donald Trump announced that he was considering ending birthright citizenship, but no details or actions came of it. However, on January 20, 2025, one of President Trump's first actions after being inaugurated for a second term was to issue an executive order purporting to deny birthright citizenship to children of undocumented immigrants or those whose parents are in the country on temporary status. Litigation ensued shortly after the administration issued the order, and its implementation has been blocked by the courts as of January 23, 2025.
The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The amendment was intended to guarantee equal civil and legal rights to Black citizens. A major provision of the amendment was to grant citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to those who had been enslaved.
The concept of birthplace-based citizenship in the United States was addressed in the 1844 New York court case of Lynch v. Clarke. Julia Lynch was born in New York to two Irish parents who were temporary visitors. Soon after her birth, Lynch and her family returned to Ireland without declaring an intent to be naturalized. A U.S. court later used the principle of jus soli to decide that she was an American citizen at the time of her birth, despite her prolonged residence in Ireland after birth.
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Native American sovereignty
The US Constitution, specifically the Fourteenth Amendment, extended liberties and rights to formerly enslaved people, granting them citizenship. However, it did not explicitly address Native American sovereignty or racial subordination.
While tribal nations do not have direct access to US courts to bring cases against individual states, their sovereignty provides immunity from many lawsuits unless waived by the tribe or through congressional abrogation. The sovereignty extends to tribal enterprises, including tribal casinos and gaming commissions. Native American governments can enact legislation, laws, and establish law enforcement and court systems, but these laws must pass through the Secretarial Review of the Department of Interior via the Bureau of Indian Affairs.
The US federal government has recognized American Indian tribes as independent nations and entered into policy agreements with them via treaties. The first treaty was signed with the Delaware Indians in 1783, borrowing from British Indian policies pre-dating the Revolutionary War. As the US expanded westward, pressure grew for "Indian removal" and Native American assimilation, leading to the Indian Appropriations Act of 1871, which prohibited future treaties, a move opposed by Native Americans.
Today, the US recognizes tribal nations as domestic dependent nations, and while most Native American land is held in trust by the US, tribes continue to strive for criminal jurisdiction over non-Native persons committing crimes on their lands.
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School desegregation
The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The amendment also granted citizenship to "All persons born or naturalized in the United States".
The implementation of school desegregation began in the aftermath of the Green ruling, where various Courts of Appeals deemed an increasing number of school board plans based on "freedom of choice" and traditional residential zoning to be inadequate. The Supreme Court unanimously reversed and announced that the "continued operation of segregated schools under a standard of allowing 'all deliberate speed' for desegregation is no longer constitutionally permissible".
In 1955, Time magazine reviewed the status of desegregation efforts in the 17 Southern and border states, grading them from "A" to "F". Despite this, integration was met with opposition, especially in the South. In 1957, Governor Orval Faubus of Arkansas called upon the Arkansas National Guard to prevent nine Black students from attending the newly desegregated Central High School in Little Rock, Arkansas.
In the October 1970 Term, the Court in Swann v. Charlotte-Mecklenburg Board of Education elaborated on the requirements for achieving a unitary school system and approved the use of busing to achieve desegregation. Despite this, school segregation remains an issue in many parts of the U.S., and the Trump administration has been criticised for rolling back long-standing desegregation rules and guidelines.
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Race-conscious measures
The 14th Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The 14th Amendment was intended to secure "all the civil rights that the superior race enjoy" to "a race recently emancipated". It granted citizenship to "All persons born or naturalized in the United States", thereby granting citizenship to formerly enslaved people.
The 13th, 14th, and 15th Amendments were designed to end racial subordination and supremacy. However, the legalized subordination of African Americans persisted after the adoption of these amendments. The Equal Protection Clause, included in the 14th Amendment, has been interpreted differently over time. Its original purpose was to protect Black Americans from discrimination, but its broad wording has led to ongoing debates about whether it is unconstitutional for governments to consider race as a positive factor in university admissions, employment, and government contracting.
The Supreme Court has ruled on cases involving the interpretation of the Equal Protection Clause in relation to racial equality and race-conscious measures. In Regents of the University of California v. Bakke (1978), the Court found that race-conscious measures designed to address the effects of discrimination were presumptively unconstitutional, limiting the remedial justification for racial equality efforts. In Plessy v. Ferguson (1896), the Court ruled that "separate but equal" facilities for Blacks and whites did not violate the Equal Protection Clause, a decision that was overruled in Brown v. Board of Education (1954).
In the aftermath of the Brown v. Board of Education decision, various Courts of Appeals held that school board plans based on "freedom of choice" or traditional residential zoning patterns were inadequate for achieving desegregation. The Supreme Court unanimously reversed these decisions and announced that "continued operation of segregated schools under a standard of allowing 'all deliberate speed' for desegregation is no longer constitutionally permissible". This led to efforts to elaborate on the requirements for achieving a unitary school system, such as in Swann v. Charlotte-Mecklenburg Board of Education (1970), where the Court struck down state inhibitions on the process.
In summary, the US Constitution, through amendments and Supreme Court interpretations, has recognized the need to address racial subordination and promote equality. While there have been setbacks and ongoing debates, the 13th, 14th, and 15th Amendments, along with court decisions like Brown v. Board of Education, have played a significant role in advancing racial equality and addressing the effects of discrimination.
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Frequently asked questions
The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended the liberties and rights granted by the Bill of Rights to formerly enslaved people. It also granted citizenship to "All persons born or naturalized in the United States."
The Equal Protection Clause is part of the 14th Amendment. It states that no state shall deprive any person of life, liberty, or property without due process of law. The Supreme Court has interpreted this clause to prohibit discrimination on the basis of race, among other factors.
No, in Plessy v. Ferguson (1896), the Court ruled by a 7-1 vote that "separate but equal" facilities for blacks and whites did not violate the Equal Protection Clause. This decision cemented racist Jim Crow-era laws. It wasn't until 1954, in Brown v. Board of Education, that Plessy was overruled.
