Malcolm Rivera
The concept of equality was introduced into the US Constitution through the Fourteenth Amendment, which came into effect in 1868. The Fourteenth Amendment was passed by Congress in 1866 and included the Equal Protection Clause, which states that no state shall [...] deny to any person within its jurisdiction the equal protection of the laws. This clause mandates equal treatment under the law and was intended to validate the equality provisions of the Civil Rights Act of 1866, which guaranteed equal protection by law for all citizens. The Fourteenth Amendment also introduced the idea of equality to the Constitution for the first time, promising equal protection of the laws, and directly prohibited certain actions by the states, significantly expanding the power of the national government over the states.
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What You'll Learn
The Fourteenth Amendment
A key component of the Fourteenth Amendment is the Equal Protection Clause, which states that no state shall "deny to any person within its jurisdiction the equal protection of the laws". This clause mandates equal treatment under the law for individuals in similar situations. The primary author of this clause was Congressman John Bingham, who intended to nationalize the Bill of Rights and make it binding on the states. The Equal Protection Clause has been the subject of much debate and has been invoked in landmark cases concerning racial discrimination, reproductive rights, and gender discrimination, among others.
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The Citizenship Clause
> 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.
The Fourteenth Amendment as a whole had a far-reaching impact on the Constitution, conferring both national and state citizenship upon birth and protecting the legal status of newly freed slaves. It also introduced the ideal of equality to the Constitution for the first time, promising "equal protection of the laws". The amendment represented a substantial expansion of the power of the national government over the states, granting Congress the authority to enforce the amendment through legislation.
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The Civil Rights Act of 1866
The Act used language similar to the Equal Protection Clause of the Fourteenth Amendment, which was later added to the Constitution. The Fourteenth Amendment, which took effect in 1868, provided that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This marked a significant shift in American constitutionalism by applying more constitutional restrictions against the states than before the Civil War. The Fourteenth Amendment was drafted by Congressman John Bingham, who was also an influential supporter of the Civil Rights Act of 1866.
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The Reconstruction Amendments
The Thirteenth Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. This amendment irrevocably abolished slavery throughout the United States, marking a significant shift in the nation's history.
The Fourteenth Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It defines all people born in the United States as citizens, requires due process of law, and mandates that individuals in similar situations be treated equally. This amendment marked a substantial expansion of the power of the national government over the states and introduced the concept of equality to the Constitution for the first time.
The Fifteenth Amendment, proposed in 1869 and ratified in 1870, prohibits federal and state governments from denying citizens the right to vote based on "race, color, or previous condition of servitude." This amendment was particularly significant as, by 1869, voting rights had been restricted in all states to white men. The Fifteenth Amendment ensured that citizens of all races had the right to vote, provided they met other requirements such as property ownership.
While these amendments were a significant step towards equality and civil rights, their promise was eroded by state laws and federal court decisions in the late 19th century. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education and legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of the Reconstruction Amendments were realized.
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Equality in constitutional democracies
In a constitutional democracy, equality means equal justice under the law. This means that no one is above the law, and everyone is subject to the same legal procedures and penalties. It also entails equality in fundamental human rights, such as the right to life, liberty, and the pursuit of happiness, as proclaimed in the 1776 Declaration of Independence.
Constitutional democracies guarantee equality of treatment according to the law. This means that citizens are entitled to equal protection and treatment by the state and its institutions, such as the courts and law enforcement. For example, in the United States, the Fourteenth Amendment's Equal Protection Clause mandates that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws."
Equality in citizenship is another crucial aspect of constitutional democracies. It ensures that all citizens, regardless of their background or status, have the same rights and privileges. This includes the right to vote, hold public office, and participate fully in the democratic process. The Fourteenth Amendment in the US, for instance, conferred both national and state citizenship upon birth, protecting the legal status of newly freed slaves.
Furthermore, constitutional democracies strive for equality in education and other social services. For instance, in the landmark case of Plyler v. Doe in 1982, the US Supreme Court ruled that states could not deny students a free public education based on their immigration status. This decision ensured equal access to education for all children, regardless of their immigration status.
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Frequently asked questions
The concept of equality was introduced into the US Constitution through the Fourteenth Amendment, which came into effect in 1868. The Fourteenth Amendment was proposed in 1866 and included the Equal Protection Clause, which states that "no state [...] shall deny to any person within its jurisdiction the equal protection of the laws".
The Fourteenth Amendment had a significant impact on the meaning of the Constitution, introducing the concept of equality for the first time and conferring both national and state citizenship upon birth, thereby protecting the legal status of newly freed slaves. It also prohibited certain actions by the states and expanded the power of the national government over the states.
The Fourteenth Amendment was enacted by a "rump" Congress, from which Southerners had been excluded due to their rebellion against the Union. The Southern states were opposed to the Civil Rights Act of 1866, which provided that all persons born in the US were citizens and entitled to equal benefits of the law. The Act was vetoed by President Andrew Johnson, who questioned Congress's constitutional authority to enact it. These factors led Congress to begin drafting and debating the Fourteenth Amendment, which was introduced to validate the equality provisions of the Civil Rights Act.
