Omar Bennett
The Fourteenth Amendment to the US Constitution, passed in 1868, was intended to prevent states from discriminating against African Americans and guarantee equal civil and legal rights to Black citizens. The Equal Protection Clause, which is part of the Fourteenth Amendment, has been interpreted differently over time. While it was initially meant to address racial discrimination, the broad wording of the Clause has led to its application in various contexts beyond race. The Supreme Court has used the Fourteenth Amendment to rule on cases involving desegregation, same-sex marriage, and voting rights, among other issues. Despite the Amendment's original purpose, the effects of systemic racial discrimination, particularly against African Americans, persist today.
| Characteristics | Values |
|---|---|
| Name of Amendment | Fourteenth Amendment |
| Date Proposed | June 16, 1866 |
| Date Passed | June 13, 1866 |
| Date Ratified | July 9, 1868 |
| Number of States that Ratified | 28 out of 37 |
| Purpose | To prevent states from discriminating against African Americans, to grant citizenship to formerly enslaved people, and to guarantee equal civil and legal rights to Black citizens |
| Notable Court Cases | Plessy v. Ferguson (1896), Brown v. Board of Education (1954), Obergefell v. Hodges, Batson v. Kentucky, Buchanan v. Warley, Parents Involved in Community Schools v. Seattle School District No. 1 (2007), Yick Wo v. Hopkins (1886), Contractors Ass’n v. Pennsylvania (1982), Jones v. Alfred H. Mayer Co. (1968), Griffin v. Breckenridge (1971), Palmer v. Thompson (1971), Heart of Atlanta Motel v. United States |
Explore related products
$2.99 $23.99
What You'll Learn
The Fourteenth Amendment
Section 1 of the Fourteenth Amendment formally defines United States citizenship, granting it to “all persons born or naturalized in the United States,” thereby overruling the Supreme Court's Dred Scott decision that African Americans could not become citizens. This amendment was intended to reverse discriminatory Black Codes passed by formerly Confederate states, which restricted the movement, employment, self-defense, and legal rights of African Americans.
Despite the intentions behind the Fourteenth Amendment, it ultimately failed to protect the rights of Black citizens during the Reconstruction era. It was not until the 20th century that the arguments and dissenting opinions of citizens advocating for their rights would lead to meaningful change.
Amendments: Your Rights and Freedoms
You may want to see also
Civil Rights Act of 1964
The Civil Rights Act of 1964 is a landmark federal law in the United States that prohibits discrimination based on race, colour, religion, sex, and national origin. It was signed into law by President Lyndon B. Johnson on July 2, 1964, and remains one of the most significant pieces of legislation in American history.
The Act was proposed by President John F. Kennedy in June 1963, but it faced opposition in the Senate. After Kennedy's assassination in November 1963, President Lyndon B. Johnson pushed the bill forward. The bill was passed by the House of Representatives on February 10, 1964, and, following a 72-day filibuster, it was passed by the Senate on June 19, 1964.
The Civil Rights Act of 1964 has several key provisions. Firstly, it prohibits unequal application of voter registration requirements, ensuring equal protection of voting rights under the law. Secondly, it outlaws racial segregation in schools and public accommodations, promoting integration and equal access to public facilities. Thirdly, it makes employment discrimination illegal, including discrimination based on race, colour, religion, sex, or national origin in hiring, promoting, and firing decisions.
The Civil Rights Act of 1964 also established a Commission on Equal Employment Opportunity and extended the Commission on Civil Rights. Additionally, it authorised the Attorney General to institute suits to protect constitutional rights in public facilities and public education and to prevent discrimination in federally assisted programs.
The Act was a significant step forward in ensuring equal rights and opportunities for all Americans, regardless of race, colour, religion, sex, or national origin. It ended the application of "Jim Crow" laws, which had upheld racial segregation, and remains a cornerstone of civil rights legislation in the United States.
The Supremacy Clause: Treaties and the US Constitution
You may want to see also
Affirmative action
The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was intended to prevent states from discriminating against African Americans. It extended liberties and rights granted by the Bill of Rights to formerly enslaved people, granting citizenship to "All persons born or naturalized in the United States."
In the context of education, affirmative action has been the subject of several Supreme Court cases, including Regents of the University of California v. Bakke in 1978, where the University of California's Medical School at Davis reserved 16 spots for minority students in each entering class of 100. The Court's decision in this case held that the Constitution prohibits a school from having racial quotas. In Grutter v. Bollinger (2003), the Supreme Court upheld the use of preferential treatment in college admissions, which was later overturned in Students for Fair Admissions v. Harvard (2023).
In summary, affirmative action is a set of policies and practices aimed at addressing systemic discrimination and promoting equal opportunities for minority groups. While it has been a controversial topic in the United States, it has been justified as a means to compensate for past discrimination and promote substantive equality. The Fourteenth Amendment, passed in the aftermath of the Civil War, was intended to prevent state-sanctioned discrimination against African Americans and extend equal rights to all citizens, regardless of race.
Constitutional Amendments: Authors of Two Amendments
You may want to see also
Explore related products
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the US Constitution, states:
> "No State shall [...] deny to any person within its jurisdiction the equal protection of the laws."
The Fourteenth Amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It extended liberties and rights granted by the Bill of Rights to formerly enslaved people and prohibited racial discrimination by law. The Equal Protection Clause mandates that individuals in similar situations be treated equally by the law. This clause was the basis for the Supreme Court decision in Brown v. Board of Education (1954), which helped dismantle racial segregation.
Before the Fourteenth Amendment, American law did not extend constitutional rights to black Americans. The 1857 Dred Scott v. Sandford Supreme Court decision ruled that black men, whether free or enslaved, had no legal rights under the Constitution. The Fourteenth Amendment was intended to remedy this and grant citizenship to "All persons born or naturalized in the United States".
The Fourteenth Amendment marked a significant shift in American constitutionalism by imposing greater constitutional restrictions on the states than before the Civil War. The Equal Protection Clause has been interpreted to prevent not only state governments but also the federal government from discriminating. While the clause's primary purpose was to address racial discrimination, it has been applied more broadly to prohibit discrimination against various other groups.
The exact scope and interpretation of the Equal Protection Clause have been the subject of much debate and litigation. Some argue that race-neutral affirmative action programs may violate the clause, while others oppose race-conscious measures designed to increase minority representation. The Supreme Court's rulings in cases like Parents Involved in Community Schools v. Seattle School District (2007) and Schuette v. Coalition to Defend Affirmative Action have further complicated the issue.
Amending the Constitution: One Change for the Better
You may want to see also
Citizenship
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was introduced to extend liberties and rights granted by the Bill of Rights to formerly enslaved people. 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 previously been enslaved.
The Fourteenth Amendment also contains the Equal Protection Clause, which was intended to stop states from discriminating against African Americans. The text of the clause is worded broadly, and it has evolved since its original purpose. For example, despite referring to “states,” the clause has been interpreted to prevent the federal government from discriminating as well. The Supreme Court has held that the Equal Protection Clause applies to all racial discrimination, including against whites, Hispanics, Asians, and Native Americans.
The Equal Protection Clause has been used to prohibit discrimination on bases other than race as well. Most laws are assessed under "rational basis scrutiny," where any plausible and legitimate reason for the discrimination is sufficient to render it constitutional. However, for discrimination in fundamental rights, such as voting, the Supreme Court requires the legislation to pass strict scrutiny.
The Fourteenth Amendment also addresses the rights of citizens, including due process and equal protection under the law, which apply to both federal and state governments. It denies states the power to withhold equal protection of the laws from citizens and authorizes Congress to enforce these provisions through legislation.
In conclusion, the Fourteenth Amendment to the US Constitution addresses citizenship by granting it to all persons born or naturalized in the United States, ensuring equal protection under the law, and prohibiting racial discrimination by states and the federal government.
The Fourth Amendment: Protecting Our Constitutional Rights
You may want to see also
Frequently asked questions
The Fourteenth Amendment and Fifteenth Amendment both deal with race discrimination.
The Fourteenth Amendment was passed in 1868 and deals with citizenship and the rights of citizens. It guarantees equal protection under the law and has been used in cases involving racial discrimination.
The Fifteenth Amendment was passed in 1870 and prohibits the federal government or any state from denying or abridging a citizen's right to vote on account of race, colour, or previous condition of servitude.
In Brown v. Board of Education, the Supreme Court ruled that racial segregation in public schools was unconstitutional, helping to dismantle segregation.
In Lawrence A. Nixon v. Condon, the Court found in favour of Nixon, who had been denied a ballot in a Democratic party primary election on the basis of race, on the basis of the Fourteenth and Fifteenth Amendments.
