Simone Lawson
The American Constitution is a cornerstone of the country's federal political structure, and its interpretation and application have been the subject of numerous legal disputes and debates throughout history. Among the various clauses in the Constitution, the Fourteenth Amendment, particularly its first section, stands out as one of the most litigated parts. This amendment, enacted in response to issues affecting freed slaves after the Civil War, has been central to landmark Supreme Court decisions addressing racial segregation, interracial marriage, abortion rights, presidential elections, same-sex marriage, and affirmative action. The Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause within this amendment have been pivotal in shaping civil rights and constitutional interpretation. Another notable clause that has seen significant litigation is the Supremacy Clause, which establishes the supremacy of federal law over state law and plays a crucial role in resolving conflicts between federal and state authorities.
| Characteristics | Values |
|---|---|
| Most litigated part of the American Constitution | Fourteenth Amendment, particularly its first section |
| Basis | Landmark Supreme Court decisions, such as Brown v. Board of Education, Loving v. Virginia, Roe v. Wade, Bush v. Gore, Obergefell v. Hodges, Students for Fair Admissions v. Harvard |
| Fourteenth Amendment's first section | Defines United States citizenship and protects civil rights from being denied by any state law or state action |
| Citizenship Clause | Overruled the Supreme Court's Dred Scott decision that African Americans could not become citizens |
| Privileges or Immunities Clause | Provides congressional power of enforcement to the Privileges and Immunities Clause of Article Four of the Constitution |
| Due Process Clause | Builds on the Fifth Amendment to prohibit all levels of government from depriving people of life, liberty, or property without substantive and procedural due process |
| Equal Protection Clause | Requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction |
| Supremacy Clause | A constitutional provision identifying the supremacy of federal law over state law |
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What You'll Learn
The Fourteenth Amendment
The Due Process Clause of the Fourteenth Amendment builds on the Fifth Amendment, prohibiting all levels of government from depriving people of life, liberty, or property without substantive and procedural due process. It also supports the incorporation doctrine, applying portions of the Bill of Rights to the states. The Due Process Clause has been interpreted to protect certain substantive rights not explicitly mentioned in the Constitution, an idea supported by the Ninth Amendment.
The Equal Protection Clause requires states to provide equal protection under the law to all people within their jurisdiction, including non-citizens. It was written to constitutionalize the anti-discrimination principles of the Civil Rights Act of 1866 and prevent the enforcement of southern states' Black Codes. The Fourteenth Amendment has been central to landmark Supreme Court decisions, including Brown v. Board of Education, prohibiting racial segregation in public schools, and Loving v. Virginia, ending interracial marriage bans.
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The Citizenship Clause
- Lynch v. Clarke (1844): The court ruled that a child born in the country to a temporary visitor was a natural-born citizen.
- Shelley v. Kraemer (1948): The Supreme Court held that the Fourteenth Amendment's historical context of countering discriminatory Black Codes must be used in its interpretation.
- Afroyim v. Rusk (1967) and Vance v. Terrazas (1980): The Supreme Court reversed itself, holding that renunciations of American citizenship must be formally expressed.
- Students for Fair Admissions v. Harvard (2023): The Supreme Court prohibited affirmative action in most college admissions.
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The Supremacy Clause
Overall, the Supremacy Clause is a critical component of the United States Constitution, ensuring the supremacy of federal law and treaties while also delineating the boundaries of federal authority in relation to state power.
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Federalism vs nationalism
The Fourteenth Amendment, particularly its first section, is the most litigated part of the American Constitution. It has been the basis for landmark Supreme Court decisions, such as Brown v. Board of Education, which prohibited racial segregation in public schools, and Roe v. Wade, which recognised a federal right to abortion until it was overturned in 2022.
Federalism and nationalism are two contrasting ideologies that have been in conflict since the creation of the American Constitution. Federalism promotes choice, competition, participation, experimentation, and a ward against a national Leviathan. It is a system of government in which power is divided between a central authority and regional units, allowing for the preservation of regional identities and autonomy.
Nationalism, on the other hand, emphasizes the unity and sovereignty of a nation, often prioritizing the interests and identity of a single cultural group. In the context of the United States, nationalism asserts the supremacy of the federal government over the states. This tension between federalism and nationalism is a fundamental fault line of American constitutional theory.
The Supremacy Clause, found in Article VI of the Constitution, is a key example of this conflict. It establishes that the federal government is supreme over the states within the scope of its powers. This clause was introduced to address concerns that individual states were jeopardizing the nation's security by violating its treaty obligations. The Supremacy Clause also asserts that treaties can directly establish rules of decision for American courts, breaking from traditional British rule.
While federalism and nationalism may seem at odds, some scholars argue that federalism can serve nationalist ends and that the two ideologies are not mutually exclusive. This "nationalist school of federalism" recognizes the importance of national power and politics while still valuing the role of states.
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The Due Process Clause
Procedural due process refers to the procedures that the government must follow before depriving an individual of life, liberty, or property. This typically includes notice and a hearing, as well as the right to a jury trial. Substantive due process, on the other hand, guarantees certain fundamental rights, such as the right to marry, the right to work, and the right to raise one's children. The Due Process Clause also prohibits vague laws and ensures the application of the Bill of Rights to state governments, protecting individual rights such as freedom of speech, freedom of religion, and the right to bear arms.
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Frequently asked questions
The Fourteenth Amendment, particularly its first section, is one of the most litigated parts of the Constitution.
The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War. It formally defines US citizenship and protects various civil rights from being abridged or denied by any state law or state action.
Section 1 of the Fourteenth Amendment is the most frequently litigated part of the amendment. It includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
