Isabella Carter
The Fourteenth Amendment (Amendment XIV) 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. The amendment, which was part of the Reconstruction Amendments following the Civil War, 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.
| Characteristics | Values |
|---|---|
| Date proposed | June 16, 1866 |
| Date passed by Congress | June 13, 1866 |
| Date ratified | July 9, 1868 |
| Purpose | Extend liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Powers granted | Congress is granted the power to enforce the provisions of the amendment |
| Citizenship | All persons born or naturalized in the United States are citizens of the United States and of the state wherein they reside |
| Rights | No state shall make or enforce any law that abridges the privileges or immunities of citizens of the United States |
| Rights | No state shall deprive any person of life, liberty, or property without due process of law |
| Rights | No state shall deny any person within its jurisdiction equal protection of the laws |
| Insurrection Clause | No person who has engaged in insurrection or rebellion against the United States shall hold any office under the United States or any state |
| Public debt | The validity of the public debt of the United States shall not be questioned |
| Debt incurred in aid of insurrection | Neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States |
| Representation | Representatives shall be apportioned among the states according to their respective numbers, counting all persons except untaxed Indians |
| Voting rights | If the right to vote for any male citizen of the United States, being 21 years of age, is denied or abridged, the basis of representation for that state shall be reduced proportionally |
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What You'll Learn
Landmark legislation
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is a landmark piece of legislation that has had a significant impact on the country's history and the lives of its citizens. This amendment addresses many aspects of citizenship and the rights of citizens, with a particular focus on guaranteeing equal rights and protections under the law.
One of the key provisions of the Fourteenth Amendment is the granting of citizenship to "all persons born or naturalized in the United States," including formerly enslaved people. This provision extended the liberties and rights granted by the Bill of Rights to a wider group of people, ensuring that all citizens were afforded equal protection under the laws. This meant that states could no longer deny or abridge the rights of citizens, including the right to life, liberty, and property, without due process of law.
The Fourteenth Amendment also addressed issues related to representation and voting rights. It stated that representatives shall be apportioned among the states according to their respective numbers, counting all persons except untaxed Indigenous people. Additionally, it provided that if any male citizen over the age of 21 was denied the right to vote for electors, representatives, or other officials, the basis of representation for that state would be reduced proportionally.
The amendment also included measures to hold accountable those who had engaged in insurrection or rebellion against the United States. It prohibited individuals who had taken an oath to support the Constitution but had subsequently engaged in insurrection from holding any civil, military, or elected office without the approval of two-thirds of the House and Senate.
Furthermore, the Fourteenth Amendment granted Congress the power to enforce its provisions through appropriate legislation. This led to the passage of other landmark civil rights laws in the 20th century. Despite its significance, it is important to note that the Fourteenth Amendment did not immediately succeed in protecting the rights of Black citizens during the Reconstruction era. It took continued efforts by citizens, Congress, and the executive branch to make the promises of the amendment a reality over time.
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Citizenship rights
The Fourteenth Amendment (Amendment XIV) 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 proposed following the Civil War to guarantee equal civil and legal rights to Black citizens.
Section 1 of the Fourteenth Amendment formally defines United States citizenship and protects various civil rights from being denied or abridged by any state law or state action. It 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 overruled the Supreme Court's Dred Scott decision, which ruled that African Americans could not become citizens. The Citizenship Clause granted citizenship to formerly enslaved people, extending the liberties and rights granted by the Bill of Rights to them.
The Fourteenth Amendment also includes the "Privileges and Immunities Clause," which 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 was intended to nationalize the Bill of Rights by making it binding upon the states. Additionally, the amendment includes the "Due Process Clause," which states that no state shall "deprive any person of life, liberty, or property, without due process of law." This clause applies the Fifth Amendment's guarantees to state governments.
The most commonly used and frequently litigated phrase in 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 has been central to landmark cases such as Brown v. Board of Education, Roe v. Wade, and Loving v. Virginia, among others, shaping racial discrimination, reproductive rights, and interracial marriage bans. The amendment grants Congress the power to enforce its provisions through appropriate legislation, leading to significant civil rights advancements in the 20th century.
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Equal protection under the law
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses citizenship and the rights of citizens. It was part of a Reconstruction program to guarantee equal civil and legal rights to Black citizens, including formerly enslaved people.
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 amendment grants citizenship to those who were previously enslaved.
One of the most important and frequently litigated phrases in the amendment is "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 guarantees that citizens are entitled to equal protection under the law, regardless of their race, gender, or any other characteristic.
The Fourteenth Amendment also addresses representation in Congress, stating that representatives shall be apportioned among the states according to their respective numbers, counting all persons except untaxed Indigenous people. Additionally, it prohibits any person who has engaged in insurrection or rebellion against the United States from holding office.
The amendment has been invoked in numerous landmark cases, including Brown v. Board of Education, Roe v. Wade, Bush v. Gore, and Reed v. Reed, among others. These cases have helped define and uphold the rights guaranteed by the Fourteenth Amendment, including equal protection under the law.
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Congress' enforcement powers
The Fourteenth Amendment to the US Constitution addresses citizenship and the rights of citizens. It is commonly invoked to ensure "equal protection of the laws", a phrase that has been central to numerous landmark cases, including Brown v. Board of Education, Roe v. Wade, and Bush v. Gore.
Section Five of the Fourteenth Amendment is known as the Enforcement Clause, and it vests Congress with the authority to adopt "appropriate" legislation to enforce the other parts of the Amendment. This clause is crucial as it empowers Congress to implement the 14th Amendment through suitable legislation, ensuring that the Amendment's provisions are effectively enforced. Without this enforcement power, the Fourteenth Amendment would lack legal force.
The Enforcement Clause states: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." This clause grants Congress broad authority to pass laws that enforce the Amendment's guarantees of equal protection and due process. For example, Congress can enact laws to prevent or remedy violations of rights already recognized by the courts, such as the Voting Rights Act of 1965, which upholds the Fifteenth Amendment by protecting the voting rights of African Americans.
The scope of Congress's enforcement powers under Section Five has been a matter of considerable controversy. Initially, the Supreme Court interpreted these powers broadly, as seen in Ex parte Virginia (1879), where the Court affirmed Congress's authority to secure equal protection of civil rights and enforce submission to the Amendment's prohibitions. However, subsequent decisions have narrowed the interpretation, focusing on questions such as the extent of Congress's regulatory power and the types of actions Congress can take.
In Shelby County, Alabama v. Holder (2013), the Court ruled that a key provision of the Voting Rights Act of 1965 exceeded Congress's powers under Section Five of the Fourteenth Amendment. This provision required certain states and counties with a history of race discrimination in voting to obtain preclearance from the US Attorney General or a federal court before changing their election systems. The Court found that this provision infringed upon state powers.
While Section Five does not authorize Congress to create or expand rights, it does enable Congress to advance protections for due process, equal protection, and the privileges and immunities of citizenship. This includes the power to enact laws like the Klu Klux Klan Act of 1871, which prohibited conspiracies to interfere with the exercise of constitutional rights.
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Limitations on representation
The Fourteenth Amendment (Amendment XIV) 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 a response to issues affecting freed slaves following the American Civil War.
One of the most important 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. This amendment also extended liberties and rights granted by the Bill of Rights to formerly enslaved people.
The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The most commonly used and frequently litigated phrase in the amendment is "equal protection of the laws," which has figured prominently in landmark cases such as Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts).
The Fourteenth Amendment also includes limitations on representation. It states that no person shall be a Senator or Representative in Congress, or hold any office under the United States or any state, who has previously engaged in insurrection or rebellion against the Constitution or given aid and comfort to its enemies. However, Congress may remove this disability by a two-thirds vote of each House.
Additionally, the amendment addresses the basis of representation when the right to vote for Representatives in Congress, the President, or Vice President is denied or abridged, except for participation in rebellion or other crimes. In such cases, the basis of representation shall be reduced proportionally to the number of male citizens affected.
The Fourteenth Amendment granted Congress the power to enforce this amendment, leading to the passage of landmark legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Former Confederate states were required to ratify the Fourteenth Amendment to regain federal representation.
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Frequently asked questions
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 14th Amendment was passed as a Reconstruction Amendment following the Civil War. It was designed to guarantee equal civil and legal rights to Black citizens and extend liberties and rights to formerly enslaved people.
The most commonly used phrase in the amendment is "equal protection of the laws". This has been used in landmark cases such as Brown v. Board of Education, Roe v. Wade, and Bush v. Gore.
Section 1 formally defines United States citizenship and protects various civil rights from being abridged or denied by any state law or state action.
The 14th Amendment is significant as it granted citizenship to formerly enslaved people and extended the Bill of Rights to formerly enslaved people. It also provided the basis for landmark civil rights legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
