Omar Bennett
The 14th Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is a significant milestone in the nation's history, extending the liberties and rights outlined in the Bill of Rights to formerly enslaved people. This amendment, with its primary focus on citizenship and civil rights, has been central to landmark cases such as Brown v. Board of Education and Roe v. Wade. When citing this influential amendment, it is essential to adhere to specific style guidelines, such as APA, MLA, or Chicago style, which require both reference list entries and in-text citations.
| Characteristics | Values |
|---|---|
| Date | June 16, 1866 |
| Resolution | The House Joint Resolution |
| Passed by Congress | June 13, 1866 |
| Ratified | July 9, 1868 |
| Numbering | Use Roman numerals (e.g., U.S. Const. amend. XIV) |
| Style Guides | APA, MLA, Chicago |
| In-text Citations | Yes for APA and MLA; use footnotes for Chicago |
| Bibliography/Reference List | No entry needed for Chicago; include for APA and MLA |
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What You'll Learn
The 14th Amendment and equal protection of the laws
The 14th Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is cited as "Amendment XIV" in the list of amendments following the Constitution's text. The amendment's first section, which deals with citizenship rights and guarantees, is the most frequently referenced portion in legal contexts.
The 14th Amendment's first section is commonly referred to as "Section 1" or the "first section of the 14th Amendment." This section is often invoked in legal discussions and court cases pertaining to citizenship rights and equal protection under the law. For example, in the landmark case of Brown v. Board of Education, the 14th Amendment's guarantee of "equal protection of the laws" was central to the Court's ruling on racial discrimination in education.
When referring to specific clauses within Section 1, such as the "Privileges or Immunities Clause" or the "Due Process Clause", it is customary to cite them as such. For instance, legal scholars and practitioners might refer to the "Privileges or Immunities Clause of the 14th Amendment" or simply the "Privileges or Immunities Clause" if the context is clear. Similarly, the "Due Process Clause of the 14th Amendment" is a frequently cited provision that guarantees due process of law to all citizens.
The 14th Amendment's second section, which addresses the representation of states in Congress, is less frequently cited but still holds legal significance. This section is typically referred to as "Section 2 of the 14th Amendment" or simply "Section 2" when the context is clear. It is worth noting that the 14th Amendment also includes a third and fourth section, which address the validity of the public debt of the United States and the disqualification of certain individuals from holding public office, respectively. These sections are less commonly referenced but can be cited as "Section 3" or "Section 4" of the 14th Amendment when relevant.
Overall, the 14th Amendment is a pivotal component of the U.S. Constitution, guaranteeing equal protection under the law and extending rights and liberties to all citizens, including those who were previously enslaved. Its provisions have been central to numerous landmark court cases and continue to shape legal interpretations and decisions today.
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The 14th Amendment and citizenship
The 14th Amendment of the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is cited as follows: U.S. Const. amend. XIV, § 2.
The 14th Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It was part of Congress's Reconstruction program to guarantee equal civil and legal rights to Black citizens.
A key provision of the 14th Amendment was to grant citizenship to "All persons born or naturalized in the United States," thereby conferring citizenship on those who had been enslaved. This was a significant shift in the legal understanding of citizenship, as it set aside the Dred Scott holding and restored the traditional precepts of citizenship by birth. The amendment also ensured that no state could deprive any person of life, liberty, or property without due process of law and guaranteed equal protection under the law.
The Citizenship Clause of the 14th Amendment 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 has been interpreted to include children born in the United States of non-citizen parents, such as in the case of United States v. Wong Kim Ark, where it was determined that a child born in the US to Chinese parents was a citizen entitled to all the rights and privileges of citizenship.
However, it is important to note that there are exceptions to this rule. For example, children born to diplomatic representatives of foreign states or children of alien enemies in hostile occupation are not considered citizens under the common-law rule of acquired citizenship by birth. Additionally, the lower courts have generally determined that the citizenship of children born on vessels in US territorial waters or on the high seas is based on the citizenship of their parents.
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The 14th Amendment and the Bill of Rights
The 14th Amendment to the U.S. Constitution, 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. The amendment was part of Congress's Reconstruction program following the Civil War, which aimed to guarantee equal civil and legal rights to Black citizens.
One of the key provisions of the 14th Amendment was the granting of citizenship to "All persons born or naturalized in the United States," which effectively granted citizenship to formerly enslaved individuals. This amendment also included a statement that "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."
The primary author of the first section of the 14th Amendment was Congressman John A. Bingham of Ohio, who intended to nationalize the Bill of Rights, making it binding upon the states. When introducing the amendment, Senator Jacob Howard of Michigan emphasized that the privileges and immunities clause would extend to the states "the personal rights guaranteed and secured by the first eight amendments."
However, despite the intentions of Bingham and Howard, the 14th Amendment did not succeed in extending the Bill of Rights to the states. Additionally, it fell short of effectively protecting the rights of Black citizens during the Reconstruction era. Citizens, both Black and White, petitioned, initiated court cases, and advocated for measures to safeguard the rights of all citizens. While their efforts did not empower the 14th Amendment during Reconstruction, they laid the groundwork for change in the 20th century through their arguments and dissenting opinions.
In summary, the 14th Amendment, while falling short in some aspects, represented a significant step towards extending liberties and rights granted by the Bill of Rights to formerly enslaved individuals, setting a precedent for future progress in civil rights.
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The 14th Amendment and the Supreme Court
The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was a landmark in the history of the United States, extending liberties and rights granted by the Bill of Rights to formerly enslaved people. The amendment's first section, including the Citizenship Clause, was primarily written by Congressman John Bingham of Ohio, with the intention of nationalizing the Bill of Rights and making it binding upon the states. This section is one of the most frequently litigated parts of the Constitution, and has been central to several landmark Supreme Court decisions.
One of the key provisions of the 14th Amendment was to grant citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people and their descendants. This was a direct response to issues affecting freed slaves following the American Civil War, and the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens. The Citizenship Clause was interpreted by the Supreme Court in United States v. Wong Kim Ark (1898) as granting birthright citizenship to all born within the jurisdiction of the United States, regardless of their parents' citizenship status.
The Privileges or Immunities Clause was another important component of the 14th Amendment. This clause was interpreted in the Slaughter-House Cases (1873) as preventing states from impeding federal rights, such as freedom of movement. The Due Process Clause, building on the Fifth Amendment, prohibits all levels of government from depriving individuals of life, liberty, or property without substantive and procedural due process. This clause has been invoked in cases such as Griswold v. Connecticut (1965) and Lawrence v. Texas (2003), where the Supreme Court recognised a substantive due process right to privacy.
The Equal Protection Clause, another crucial aspect of the 14th Amendment, has been central to 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. Despite the intentions of its authors, the 14th Amendment initially failed to extend the Bill of Rights to the states or protect the rights of Black citizens. It was only through the determined struggle of citizens, legislation enacted by Congress, and executive branch measures that the promise of the 14th Amendment began to be realised in the 20th century.
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The 14th Amendment and Congress
The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was part of the Reconstruction program following the Civil War. It aimed to guarantee equal civil and legal rights to Black citizens, particularly those who had been previously enslaved.
Congressman John A. Bingham of Ohio was the primary author of the first section of the 14th Amendment. Bingham intended to nationalize the Bill of Rights, making it binding upon the states. This was reflected in the amendment's extension of liberties and rights granted by the Bill of Rights to formerly enslaved people.
A key provision of the 14th Amendment is the granting of citizenship to "All persons born or naturalized in the United States," which includes those who were previously enslaved. Additionally, it establishes that no state can deprive any person of life, liberty, or property without due process of law, nor deny them equal protection under the law.
The 14th Amendment also addresses the issue of insurrection or rebellion against the United States. It states that individuals who have taken an oath to support the Constitution and then engage in such acts shall not hold any office under the United States or any state. However, Congress has the power to remove this disability by a two-thirds vote of each House.
The amendment has been frequently litigated, with the phrase "equal protection of the laws" being the most commonly used in landmark cases such as Brown v. Board of Education, Roe v. Wade, and Bush v. Gore. Despite its intentions, the 14th Amendment did not immediately succeed in extending the Bill of Rights to the states or fully protecting the rights of Black citizens. It was the efforts of citizens, Congress, and the executive branch that eventually led to the realization of the amendment's promises in the 20th century.
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Frequently asked questions
APA style requires both a reference list entry and an in-text citation for specific pieces of constitutions. The format is generally the same for both reference list entries and in-text citations. For example, "U.S. Const. amend. XIV, § 1".
Similar to APA style, MLA style also requires both a reference list entry and an in-text citation for specific pieces of constitutions. The formatting is the same as APA style. For example, "U.S. Const. amend. XIV, § 1".
When using only a handful of legal citations in Chicago style, limit legal citations to the text itself, using narrative to include information that would have gone in the footnotes. For example, "The Fourteenth Amendment of the U.S. Constitution (U.S. Const. amend. XIV) was passed in 1868". When using several legal documents, supplement with footnotes.
When citing a specific section of the 14th Amendment, use the section number followed by the amendment number. For example, "U.S. Const. § 1, amend. XIV".
