Eleanor Finch
The Fourteenth Amendment to the United States Constitution, which extended liberties and rights to formerly enslaved people, was passed by Congress on June 13, 1866, and ratified on July 9, 1868. The amendment, which was part of the Reconstruction Amendments, was a response to issues affecting freed slaves following the Civil War. It granted citizenship to all people born in the United States, provided equal protection and due process, and addressed voting rights and political representation. The Fourteenth Amendment has been a cornerstone of civil rights and equal protection legislation, with its first section being one of the most litigated parts of the Constitution.
| Characteristics | Values |
|---|---|
| Date of proposal | June 16, 1866 |
| Date passed by Congress | June 13, 1866 |
| Date ratified | July 9, 1868 |
| Number of ratifying states | 28 out of 37 |
| Type of amendment | Reconstruction Amendment |
| Key provisions | Extends liberties and rights granted by the Bill of Rights to formerly enslaved people; grants citizenship to all people born in the United States; provides equal protection and due process; addresses voting rights and representation |
| Sections | 1, 2, 3, 4, 5 |
| Notable figures | John A. Bingham of Ohio, Jacob Howard of Michigan, Abraham Lincoln |
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What You'll Learn
The Fourteenth Amendment was ratified on July 9, 1868
The Fourteenth Amendment to the United States Constitution was ratified on July 9, 1868. It was adopted as one of the Reconstruction Amendments, addressing citizenship rights and equal protection under the law at all levels of government. The amendment was a response to issues affecting freed slaves following the American Civil War, and its enactment was bitterly contested.
The Fourteenth Amendment was initially proposed by Congress in 1866, a year after the Civil War ended. The proposal combined two previous versions, rejected Confederate debt, and addressed voting by ex-Confederates. Social reformer Robert Dale Owen advocated for this combined proposal, arguing that its popular provisions would secure its overall ratification. The House passed this version as House Resolution 127 on May 29, 1866. The Senate then amended Sections 2, 3, and 4, passing the modified version on June 8, with the House agreeing to the amendments on June 13.
The Fourteenth Amendment was then sent to the states for ratification. On July 9, 1868, with South Carolina's ratification, the amendment became part of the U.S. Constitution. The following day, Congress rejected New Jersey's attempt to rescind its ratification, declaring the Fourteenth Amendment as part of the Constitution. On July 27, Secretary of State William Seward officially proclaimed the adoption of the amendment, listing all thirty ratifying states.
The Fourteenth Amendment is considered one of the most consequential amendments to the Constitution. It grants citizenship to all people born or naturalized in the United States, provides equal protection and due process, and ensures that seats in the House of Representatives are determined by a total population count. It also forbids Confederate loyalists from holding political and military office and excuses debts incurred by the federal and state governments during the Civil War.
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It grants citizenship to all people born in the US
The Fourteenth Amendment to the United States Constitution was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It is considered one of the most consequential amendments, addressing citizenship rights and equal protection under the law at all levels of government.
The Fourteenth Amendment grants citizenship to all people born in the United States, a concept known as birthright citizenship. The Citizenship Clause, added by the Senate, states that "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." This clause provides a basic rule regarding the acquisition of citizenship, conferring both national and state citizenship. It is important to note that there are two exceptions to this rule: American-born persons "subject to any foreign power" and "Indians not taxed."
Before the Fourteenth Amendment, the Constitution recognized both state and national citizenship. The Amendment did not create these types of citizenship but clarified the rules surrounding their acquisition. It resolved a highly contested issue by providing a definitive answer regarding the nature of national and state citizenship. This was particularly important in the context of issues affecting freed slaves following the Civil War, as it granted citizenship to those who had been previously enslaved.
The Fourteenth Amendment also extended the rights of due process and equal protection under the law to the state level. It ensured that all citizens, regardless of race or color, would have the same basic civil rights, including the right to hold property and make contracts. This was a significant step towards addressing the discriminatory "Black Codes" in the Southern states that had led to increased violence against African Americans.
The Fourteenth Amendment has been litigated extensively, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954), which prohibited racial segregation in public schools, and Loving v. Virginia (1967), which ended interracial marriage bans. The Amendment continues to shape the legal landscape and the understanding of citizenship in the United States.
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It provides equal protection and due process
The Fourteenth Amendment to the United States Constitution was ratified on July 9, 1868, as one of the Reconstruction Amendments. It was passed by Congress on June 13, 1866, and became part of the supreme law of the land two years later. The Fourteenth Amendment addresses citizenship rights and equal protection under the law at all levels of government.
The Fourteenth Amendment grants citizenship to all people born in the United States and provides them with equal protection and due process. The Due Process Clause of the Fourteenth Amendment guarantees procedural due process, which means that government actors must adhere to specific procedures before depriving an individual of their protected life, liberty, or property interests. The Clause also protects substantive due process, which holds that certain fundamental rights cannot be infringed upon by the government, even if procedural protections are provided.
The Fourteenth Amendment's equal protection clause ensures that no state can deprive any person within its jurisdiction of equal protection under the law. This clause has been used to challenge discriminatory laws and policies, such as in Brown v. Board of Education (1954), which prohibited racial segregation in public schools, and Loving v. Virginia (1967), which ended interracial marriage bans.
The Fourteenth Amendment also addresses the way individual citizens are counted to determine electoral power for the states. Section 2 of the Amendment focuses on this issue, and it has been interpreted to address other voting restrictions as well. The Amendment's equal protection clause has been used to challenge voting restrictions, such as in Saunders v. Wilkins (1945), where the Court of Appeals for the Fourth Circuit dismissed whether Virginia's poll tax constituted a restriction of voting rights under Section 2.
The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and it extended liberties and rights granted by the Bill of Rights to formerly enslaved people. While the Amendment was a significant step towards guaranteeing equal civil and legal rights to Black citizens, it did not fully succeed in this goal. For many years, the Supreme Court ruled that the Amendment did not extend the Bill of Rights to the states, and it also failed to adequately protect the rights of Black citizens.
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It addresses voting rights
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was ratified on July 9, 1868. It addresses voting rights in several ways. Firstly, it states that representatives shall be apportioned among the states according to their respective numbers, counting all people in each state except untaxed Indigenous Americans. This provision ensures that each state's representation in Congress is proportional to its population.
The Fourteenth Amendment also addresses the issue of voting rights denial or abridgement. It stipulates that if any male citizen aged 21 or older is denied the right to vote for President, Vice-President, Representatives, or state officials, the basis of representation for that state shall be reduced proportionally. This provision was included to address the disenfranchisement of African American males in the Northern states after the Civil War.
The amendment also played a role in the expansion of voting rights to women. Representative James G. Blaine defeated proposals for Section 2, which would have based representation on each state's voting population, as it was feared this would incentivize voting rights for women. However, the subsequent ratification of the Nineteenth Amendment in 1920 prohibited the denial of voting rights based on sex.
The Fourteenth Amendment has been used to challenge felony disenfranchisement provisions. In Richardson v. Ramirez (1974), the Supreme Court upheld California's felony disenfranchisement laws, interpreting Section 2 as allowing states to punish crimes with the permanent loss of voting rights. However, in Hunter v. Underwood (1985), the Supreme Court ruled that a similar provision in Alabama's constitution was unenforceable due to its discriminatory intent.
Additionally, the Fourteenth Amendment has had broader implications for civil rights and equal protection under the law. It granted citizenship to "all persons born or naturalized in the United States," extending rights to formerly enslaved people and guaranteeing equal civil and legal rights to Black citizens. The amendment's "equal protection of the laws" clause has been central to landmark Supreme Court cases such as Brown v. Board of Education, which prohibited racial segregation in public schools.
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It rendered all public debt accumulated by Congress legitimate
The Fourteenth Amendment to the United States Constitution was ratified on July 9, 1868. It was the second of the three Reconstruction Amendments, which were proposed following the Civil War to guarantee equal civil and legal rights to Black citizens. The Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It also granted citizenship to all people born in the United States and provided them with equal protection and due process.
Section 4 of the Fourteenth Amendment addresses public debt. It states that the validity of the public debt of the United States, authorized by law, shall not be questioned. This includes debts incurred for the payment of pensions and bounties for services in suppressing insurrection or rebellion. However, it also states that neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States.
The interpretation and application of Section 4 have been the subject of legal debates and court cases. For example, in Perry v. United States (1935), the Court concluded that a Joint Resolution of June 5, 1933, exceeded congressional power by attempting to override the gold-clause obligation in a Fourth Liberty Loan Gold Bond. Additionally, Section 4 has been invoked in discussions regarding the President's authority to raise the debt ceiling, with supporters arguing that it grants such authority to the federal government.
The Fourteenth Amendment's impact on public debt was significant. It rendered all public debt accumulated by Congress legitimate and excused debts incurred by the federal and state governments during the Civil War. It also determined that the state and federal governments were under no obligation to compensate for the lost financial value of freed slaves or the Confederacy's war debts. This aspect of the amendment addressed concerns related to the financial implications of the Civil War and the emancipation of slaves.
In conclusion, the Fourteenth Amendment's Section 4 played a crucial role in legitimizing public debt, providing clarity and stability to the financial landscape in the aftermath of the Civil War. Its implications continue to be relevant in modern times, as evident in discussions about the President's authority over the debt ceiling.
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Frequently asked questions
The 14th Amendment was ratified on July 9, 1868.
The 14th Amendment was passed to extend liberties and rights granted by the Bill of Rights to formerly enslaved people. It also granted citizenship to all people born in the United States and provided equal protection and due process under the law.
The 14th Amendment is considered one of the most consequential amendments to the Constitution. It has been the basis for landmark Supreme Court decisions, such as Brown v. Board of Education, Loving v. Virginia, and Roe v. Wade.
The 14th Amendment includes several key provisions, such as granting citizenship to all persons born or naturalized in the United States, providing equal protection and due process under the law, determining House representation based on total population count, and prohibiting Confederate loyalists from holding political and military office.
