Eleanor Finch
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was passed by Congress on June 13, 1866, and ratified on July 9, 1868. The amendment addresses citizenship rights and equal protection under the law at all levels of government. It is considered one of the most consequential amendments and has been frequently litigated, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education, Roe v. Wade, and Loving v. Virginia. The Fourteenth Amendment changed a portion of Article I, Section 2 of the Constitution.
| Characteristics | Values |
|---|---|
| Date passed by Congress | June 13, 1866 |
| Date ratified | July 9, 1868 |
| Citizenship | Granted to "all persons born or naturalized in the United States" |
| Rights | Extended liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Insurrection | Disqualifies anyone who "incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States" |
| Debt | Validity of public debt of the United States shall not be questioned |
| Legislation | Congress shall have the power to enforce, by appropriate legislation, the provisions of this article |
| Landmark cases | Brown v. Board of Education, Loving v. Virginia, Roe v. Wade, Bush v. Gore, Reed v. Reed, University of California v. Bakke |
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What You'll Learn
Citizenship rights
The Fourteenth Amendment to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses citizenship rights and equal protection under the law at all levels of government. It was one of three amendments passed following the Civil War as part of a Reconstruction program to guarantee equal civil and legal rights to Black citizens.
The Fourteenth Amendment grants citizenship to "all persons born or naturalized in the United States and subject to the jurisdiction thereof". This includes children born to parents who are not citizens, such as in the case of a child born in the US to Chinese parents, who are considered citizens with all the rights and privileges that citizenship entails. However, there are exceptions to this, including children born to diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws.
The Fourteenth Amendment also states that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States". This clause has been interpreted to mean that corporations, not being citizens of the United States, cannot claim the protection of the amendment's Privileges and Immunities Clause.
The amendment further protects citizens' rights by stating that no state shall "deprive any person of life, liberty, or property, without due process of law" or "deny to any person within its jurisdiction the equal protection of the laws". This "equal protection of the laws" clause is the most commonly used and frequently litigated phrase in the amendment, featuring in landmark cases such as Brown v. Board of Education (racial discrimination in public schools), Roe v. Wade (reproductive rights), and Reed v. Reed (gender discrimination).
In addition to citizenship rights, the Fourteenth Amendment also addresses insurrection and rebellion, stating that no person who has engaged in insurrection or rebellion against the United States shall hold any office or position of power. However, Congress may, by a two-thirds vote of each House, remove this disability.
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Civil rights
The Fourteenth Amendment (Amendment XIV) to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was adopted as one of the Reconstruction Amendments following the American Civil War. It aimed to address the civil rights of freed slaves and guarantee equal civil and legal rights to Black citizens.
The Fourteenth Amendment addresses citizenship rights and equal protection under the law, ensuring that all persons born or naturalized in the United States are citizens and are entitled to equal protection of the laws. It also includes the Due Process Clause, which applies the Fifth Amendment's protections to state governments, and the Privileges and Immunities Clause, which extends the Bill of Rights' protections to the states.
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 (racial discrimination) in public schools, Loving v. Virginia (interracial marriage bans), Roe v. Wade (reproductive rights), and Reed v. Reed (gender discrimination).
The Fourteenth Amendment also includes provisions regarding the disqualification of those who engage in insurrection or rebellion against the United States and the validity of the public debt. While it was intended to protect the rights of Black citizens, it initially failed to do so effectively, and it was not until the 20th century that the arguments and dissenting opinions of citizens during Reconstruction led to meaningful change.
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Due process
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, addresses citizenship rights and equal protection under the law at all levels of government. It was a response to issues affecting freed slaves following the American Civil War. The amendment's first section is one of the most litigated parts of the Constitution, with the most frequently litigated phrase being "equal protection of the laws".
The Fourteenth Amendment's Due Process Clause explicitly applies the Fifth Amendment's similar clause to state governments. The Due Process Clause does not require a court proceeding, and administrative and executive proceedings may satisfy the clause. The Due Process Clause also does not require de novo judicial review of the factual conclusions of state regulatory agencies and may not require judicial review at all.
The Due Process Clause of the Fourteenth Amendment requires the provision of due process when an interest in one's "life, liberty or property" is threatened. The requirements of due process are determined in part by an examination of the settled usages and modes of proceedings of the common and statutory law of England during pre-colonial times and the early years of the United States. However, the states are not bound to the practices and procedures that existed at common law and may make changes as necessary.
Legal scholars have looked to the 1866 Civil Rights Act to understand the original meaning of the Fourteenth Amendment, particularly its citizenship-based Privileges or Immunities Clause. The 1866 Act protected rights associated with the requirements of due process, and John Bingham, the drafter of Section One of the Fourteenth Amendment, described the Act as protecting the natural and equal right to due process in matters relating to life, liberty, and property. The final version of the Civil Rights Act, passed after the ratification of the Fourteenth Amendment, extended protections to "all persons," linking the Act to the Due Process Clause and the rights of all persons.
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Equal protection under the law
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868. It addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War.
The Fourteenth Amendment states: "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 amendment granted citizenship to formerly enslaved people and extended liberties and rights to them.
The most commonly used and frequently litigated phrase in the amendment is "equal protection of the laws", which has been central to a wide variety of landmark cases, including:
- Brown v. Board of Education (racial discrimination)
- Roe v. Wade (reproductive rights)
- Bush v. Gore (election recounts)
- Reed v. Reed (gender discrimination)
- University of California v. Bakke (racial quotas in education)
The Equal Protection Clause of the Fourteenth Amendment states: "No state shall [...] deny to any person within its jurisdiction the equal protection of the laws." This clause applies only to state and local governments. However, the Supreme Court held in Bolling v. Sharpe (1954) that the Due Process Clause of the Fifth Amendment requires equal protection under the laws of the federal government.
The Equal Protection Clause was a response to the inequality imposed by Black Codes, which were laws that discriminated against Black Americans. The Civil Rights Act of 1866, enacted by a Republican-controlled Congress, provided that all persons born in the United States were citizens and required that "citizens of every race and color [...] [have] full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens."
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Insurrection or rebellion
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, addresses citizenship rights and equal protection under the law at all levels of government. It was enacted as a response to issues affecting freed slaves following the American Civil War. The amendment's first section is one of the most litigated parts of the Constitution, including in landmark cases such as Brown v. Board of Education, which challenged racial segregation in public schools.
A key component of the Fourteenth Amendment is its focus on insurrection or rebellion. The amendment includes provisions that disqualify individuals from holding certain offices or positions if they have engaged in insurrection or rebellion against the United States. Specifically, it states that no person who has taken an oath as a member of Congress, an officer of the United States, or an executive or judicial officer of any state, shall hold any office under the United States or any state if they have engaged in insurrection or rebellion against the Constitution. This includes giving aid or comfort to the enemies of the United States.
The Fourteenth Amendment also addresses the validity of public debt incurred in suppressing insurrection or rebellion. It states that the validity of such debt, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. At the same time, it prohibits the United States or any state from assuming or paying any debt or obligation incurred in aid of insurrection or rebellion against the United States.
The Confiscation Act of 1862, which precedes the Fourteenth Amendment, also contains provisions related to insurrection or rebellion. It disqualifies anyone who "incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States." Congress has the authority to remove this disqualification with a two-thirds majority vote in each chamber, and it has exercised this power on several occasions, such as with the Amnesty Act in 1872 and again in 1898.
In summary, the Fourteenth Amendment's provisions on insurrection or rebellion aim to prevent those who have engaged in such acts from holding certain offices and positions, while also ensuring that debts incurred in suppressing insurrection or rebellion are honoured, and debts incurred in aid of such acts are not assumed by the government. These provisions reflect the amendment's broader focus on citizenship rights and equal protection under the law.
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Frequently asked questions
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. It addresses citizenship rights and equal protection under the law at all levels of government.
The 14th Amendment was a response to issues affecting freed slaves following the American Civil War. It extended liberties and rights granted by the Bill of Rights to formerly enslaved people.
The 14th Amendment changed a portion of Article I, Section 2. It also granted Congress the power to enforce this amendment, which led to the passage of other landmark legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
