Eleanor Finch
The Fourteenth Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was part of the Reconstruction program following the Civil War. The amendment aimed to guarantee equal civil and legal rights to Black citizens and extend liberties and rights granted by the Bill of Rights to formerly enslaved people. It granted citizenship to All persons born or naturalized in the United States, and included provisions to prevent states from depriving any person of life, liberty, or property without due process of law, and to ensure equal protection under the law. The amendment also addressed representation and voting rights, as well as disqualification from holding certain offices for those engaged in insurrection or rebellion against the United States.
| Characteristics | Values |
|---|---|
| Citizenship | All persons born or naturalized in the United States are citizens of the United States and of the State wherein they reside |
| Rights and Liberties | No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States |
| Due Process | No State shall deprive any person of life, liberty, or property without due process of law |
| Equal Protection | No State shall deny to any person within its jurisdiction the equal protection of the laws |
| Representation | Representatives shall be apportioned among the States according to their respective numbers, excluding untaxed Indians |
| Voting Rights | When the right to vote is denied to male citizens of the United States, the basis of representation shall be reduced proportionately |
| Insurrection | No person who has engaged in insurrection or rebellion against the United States shall hold office, but Congress may remove this disability by a two-thirds vote |
| Public Debt | The validity of the public debt of the United States shall not be questioned, and neither the US nor any State shall assume debt incurred in aid of insurrection |
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What You'll Learn
Citizenship
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was part of the Reconstruction program following the Civil War. Its primary purpose was to extend liberties and rights granted by the Bill of Rights to formerly enslaved people, effectively granting them citizenship.
The Fourteenth 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 provision, known as the Citizenship Clause, established birthright citizenship in the United States and guaranteed that those born or naturalized in the country are legal citizens with all the associated rights and protections.
The Citizenship Clause overturned the Supreme Court's ruling in the Dred Scott v. Sandford case, which had denied citizenship to African Americans, including those who were free and not enslaved. By including the phrase "subject to the jurisdiction thereof," the amendment also clarified that Native Americans born on tribal lands were considered citizens, unless they maintained allegiance to their tribes and were thus solely under tribal jurisdiction.
The Fourteenth Amendment also addressed representation in Congress, stating that representatives shall be apportioned among the states according to their respective numbers, counting all persons in each state except for "Indians not taxed." This provision ensured that the population of each state, including formerly enslaved individuals, would be considered in determining the number of representatives for that state in Congress.
The amendment further protected the right to vote for male citizens of the United States who were at least twenty-one years of age. If this right was denied or abridged, the basis of representation for that state would be reduced proportionally. This provision ensured that states could not disenfranchise male citizens without facing consequences in their representation in Congress.
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Equal protection under the law
The Fourteenth Amendment to the US Constitution, passed in 1868, was designed to extend liberties and 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". This amendment also includes the 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". This clause, known as the Equal Protection Clause, guarantees that all citizens are entitled to equal protection under the law and that no state can deny any person their legal rights.
The Equal Protection Clause has been invoked in a wide range of landmark cases, including Brown v. Board of Education, which challenged racial discrimination in education, and Roe v. Wade, which concerned reproductive rights. The clause has also been cited in cases involving election recounts, gender discrimination, and racial quotas in education. The Equal Protection Clause is one of the most commonly used and frequently litigated phrases in the Fourteenth Amendment, demonstrating its importance in ensuring equal rights for all citizens.
The clause serves as a safeguard against arbitrary discrimination by requiring that all persons be treated similarly under the law. It mandates that laws apply equally to all individuals and prohibits the government from treating people differently based on arbitrary or unjustifiable criteria. This clause has been instrumental in challenging discriminatory laws and policies and has helped to secure equal rights for marginalized groups.
The Fourteenth Amendment's Equal Protection Clause has had a significant impact on civil rights in the United States. It has been used to challenge segregation, ensure equal access to education and employment, and protect the rights of various minority groups. The clause has also been interpreted to include a right to privacy, which has formed the basis for important Supreme Court decisions such as Roe v. Wade. Overall, the Equal Protection Clause of the Fourteenth Amendment has been a powerful tool in the fight for equality and justice in the United States.
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Due process
The Fourteenth Amendment to the U.S. Constitution contains the Due Process Clause, which has played a significant role in shaping American society by defining the essential rights of its citizens. The clause guarantees certain fundamental rights and safeguards against harmful state action, ensuring that no state can deprive citizens of their rights without due process of law. This clause has been applied in two ways: procedural due process and substantive due process.
Procedural due process focuses on the decision-making process of the government when depriving a person of life, liberty, or property. It ensures that governments cannot make arbitrary decisions and policies that apply to criminal and civil cases. On the other hand, substantive due process concentrates on freedom from government interference in fundamental rights. While the extent of the rights protected by substantive due process may be controversial, it forms the basis for much of modern constitutional case law.
The Due Process Clause of the Fourteenth Amendment has been interpreted and expanded upon by the Supreme Court over the decades since its passage. The Court has recognised many rights not specifically enumerated in the original text, such as the right to privacy, which includes the right to marry, have children, and use contraception. The clause has also been used to protect economic liberties, such as the right to enter into contracts and conduct business.
The Fourteenth Amendment's Due Process Clause is one of three amendments passed after the Civil War to ensure that newly freed African Americans could enjoy the same constitutional rights as other Americans. It has been invoked in landmark Supreme Court cases such as Mathews v. Eldridge, Lochner v. New York, Roe v. Wade, and Goldberg v. Kelly, shaping the interpretation and application of constitutional law.
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Apportionment of representatives
The Fourteenth Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was part of the Reconstruction program following the Civil War. Its primary purpose was to extend liberties and rights to formerly enslaved people and guarantee equal civil and legal rights to Black citizens.
One of the critical provisions of the Fourteenth Amendment is the apportionment of representatives among the states. The amendment states that representatives shall be apportioned according to the respective numbers of each state, counting every person in each state except for "Indians not taxed". This provision ensures that each state's representation in Congress is proportional to its population, excluding untaxed Native Americans.
The apportionment of representatives is based on the total population of each state, including all citizens and non-citizens. This ensures that states with larger populations have more representatives in Congress, reflecting the principle of proportional representation. The amendment also addresses the scenario where male citizens above the age of twenty-one are denied the right to vote or elect representatives, in which case the basis of representation shall be reduced proportionally.
The Fourteenth Amendment's focus on apportioning representatives based on state populations, excluding untaxed Native Americans, was a significant step towards ensuring fair representation in Congress. This provision aimed to give due weight to each state's population while also recognizing the unique circumstances of untaxed Native American populations.
The apportionment of representatives outlined in the Fourteenth Amendment has been a cornerstone of American democracy, ensuring that each state's citizens are adequately represented in the legislative process. This amendment has played a crucial role in shaping the political landscape of the United States and continues to be a fundamental aspect of the country's electoral system.
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Disqualification from Congress
The Fourteenth Amendment of the US Constitution, ratified in the aftermath of the Civil War, includes the Insurrection Clause or Disqualification Clause, which outlines the conditions under which an individual is disqualified from holding public office. This clause, outlined in Section 3 of the amendment, states that any person who:
- Has sworn to support the Constitution as a member of Congress, an officer of the United States, a member of a state legislature, or a state executive or judicial officer; and
- Subsequently engages in insurrection or rebellion against the Constitution or provides aid or comfort to its enemies,
Is disqualified from serving as a Senator, Representative, or elector of the President or Vice-President, or from holding any federal or state military or civil office.
The disqualification is not permanent, and Congress may remove the bar by a two-thirds vote in each House. This clause has rarely been applied, and there has been discourse and legal debate over its interpretation and enforcement. In 1872, Congress passed the Amnesty Act, removing the disqualification for most former Confederate officials, except for high-profile leaders. The Supreme Court has also ruled that only Congress can enforce this clause, and states and state courts lack the power to enforce it against federal officers.
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