Eleanor Finch
The 14th Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, ensures equal protection to all citizens. This amendment, which focuses on citizenship rights and civil rights, grants citizenship to all persons born or naturalized in the United States and prohibits any state from depriving any person of life, liberty, or property, without due process of law. The 14th Amendment has been central to landmark cases such as Brown v. Board of Education, Roe v. Wade, and Bush v. Gore, with its guarantee of equal protection being a frequently litigated provision.
| 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" |
| Right to due process of law | "Nor shall any state deprive any person of life, liberty, or property, without due process of law" |
| Equal protection of the laws | "Nor deny to any person within its jurisdiction the equal protection of the laws" |
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What You'll Learn
The Fourteenth Amendment
One of the key provisions of the Fourteenth Amendment is the Citizenship Clause, which 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 clause extended citizenship to formerly enslaved people, ensuring that they were legally recognized as citizens with full rights and protections.
Another crucial aspect of the amendment is the Equal Protection 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 prohibits states from creating or enforcing laws that would discriminate against or treat citizens unequally. The Equal Protection Clause has been central to numerous landmark court cases, including Brown v. Board of Education, which challenged racial discrimination in schools, and Roe v. Wade, which dealt with reproductive rights.
The Due Process Clause is also a fundamental component of the Fourteenth Amendment. It guarantees that the government cannot deprive any person of "life, liberty, or property, without due process of law." In other words, individuals have the right to fair legal procedures and cannot be arbitrarily deprived of their basic rights.
Additionally, the Fourteenth Amendment includes provisions related to the qualifications and requirements for holding public office. It states that individuals who have engaged in insurrection or rebellion against the United States or given aid to its enemies are disqualified from serving as Senators, Representatives, or holding certain other civil or military offices. However, Congress has the power to remove this disability by a two-thirds vote in each House.
Overall, the Fourteenth Amendment stands as a cornerstone of American civil rights, ensuring that all citizens are guaranteed equal protection under the law and expanding the liberties granted by the Bill of Rights to include those who had been previously marginalized or excluded.
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Citizenship rights
The 14th Amendment to the U.S. Constitution, passed in 1866 and ratified in 1868, was a landmark moment in the history of citizenship rights in the United States. This amendment was a significant step towards ensuring equal protection and extending liberties and rights to all citizens, including formerly enslaved people. The 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."
One of the critical provisions of the 14th Amendment is the guarantee of equal protection under the law. This provision ensures that no state can deprive any person of life, liberty, or property without due process of law. It also prohibits any state from denying any person within its jurisdiction the equal protection of the laws. This aspect of the amendment has been central to many landmark cases, including those concerning racial discrimination, reproductive rights, election recounts, and gender discrimination.
The 14th Amendment also addresses the rights and privileges of citizens. It ensures that no state can make or enforce any law that abridges the privileges or immunities of US citizens. This includes the right to live in the United States, the right to apply for jobs requiring US citizenship, and the right to run for federal office. Additionally, the amendment outlines the conditions under which citizenship is not automatically granted to individuals born in the United States but not subject to its jurisdiction, such as when a person's mother is not a US citizen or lawful permanent resident.
Furthermore, the 14th Amendment has implications for voting rights and representation. It stipulates that when the right to vote in elections for choosing representatives or executives is denied to male citizens over 21 years of age, the basis of representation shall be reduced proportionally. This provision ensures that the number of representatives is tied to the number of eligible male citizens in a state.
In conclusion, the 14th Amendment to the U.S. Constitution is a cornerstone of citizenship rights in the United States. It guarantees equal protection under the law, ensures due process, protects the privileges and immunities of citizens, and outlines the rights and responsibilities associated with citizenship, including voting and representation. The amendment has been pivotal in shaping the understanding of citizenship and equal protection for all Americans.
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Civil rights
In the United States, the 14th Amendment to the Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, ensures equal protection to all citizens. This amendment was proposed in the aftermath of the Civil War, as part of a Reconstruction program aimed at guaranteeing equal civil and legal rights to Black citizens.
The 14th Amendment addresses various aspects of citizenship and the rights of citizens. One of its key provisions was to grant citizenship to "All persons born or naturalized in the United States," which effectively granted citizenship to formerly enslaved people. This amendment also established that no state could deprive any person of "life, liberty, or property, without due process of law," and it prohibited states from denying any person within their jurisdiction the equal protection of the laws. This meant that the rights to due process and equal protection under the law now applied to both federal and state governments.
The phrase "equal protection of the laws" has been central to numerous landmark cases, including Brown v. Board of Education, which addressed racial discrimination in education, Roe v. Wade, concerning reproductive rights, and Reed v. Reed, which tackled gender discrimination. The 14th Amendment has been pivotal in extending liberties and rights granted by the Bill of Rights to formerly enslaved people, and it continues to shape civil rights jurisprudence in the United States.
Despite the intentions behind the 14th Amendment, it did not immediately succeed in empowering Black citizens during Reconstruction. However, the arguments and dissenting opinions articulated during this period laid the foundation for significant changes in the 20th century. While the Supreme Court initially ruled that the amendment did not extend the Bill of Rights to the states, the 14th Amendment has nevertheless played a crucial role in expanding civil rights and ensuring equal protection under the law for all citizens.
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Equal protection
The 14th Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, ensures equal protection to all citizens. This amendment was a significant development in extending liberties and rights granted by the Bill of Rights to formerly enslaved people and addressing citizenship rights.
The 14th Amendment includes the phrase, "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 all citizens are entitled to equal protection under the law, prohibiting states from denying individuals their fundamental rights.
The concept of equal protection is a cornerstone of the 14th Amendment and has been central to numerous landmark legal cases. These include Brown v. Board of Education, which challenged racial discrimination in education, Roe v. Wade on reproductive rights, and Bush v. Gore regarding election recounts. The amendment's equal protection clause has also been invoked in cases involving gender discrimination, racial quotas in education, and more.
The 14th Amendment's equal protection clause applies to both the federal and state governments, ensuring that citizens are protected from discriminatory laws or practices at all levels of government. This provision has had a profound impact on civil rights and liberties in the United States, shaping the legal landscape and providing a foundation for challenging unequal treatment and ensuring that all citizens are treated fairly and equally under the law.
The right to equal protection is a fundamental aspect of a democratic society, and the 14th Amendment continues to play a crucial role in safeguarding the rights of all citizens, regardless of their race, gender, or any other factor. This amendment has been a powerful tool in the ongoing struggle for equality and justice in the United States.
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Landmark cases
The Fourteenth Amendment to the U.S. Constitution, passed in 1866 and ratified in 1868, was a landmark piece of legislation that extended liberties and rights to formerly enslaved people and addressed many aspects of citizenship and the rights of citizens. The most frequently litigated phrase in the amendment is "equal protection of the laws", which has been central to a wide variety of landmark cases.
One of the earliest landmark cases concerning the 14th Amendment was Plessy v. Ferguson in 1890. Homer Plessy, who considered himself seven-eighths Caucasian and one-eighth Black but was deemed Black under Louisiana law, purposefully defied the state's segregation law by sitting in a whites-only train car. He was arrested and, following years of failed lawsuits and appeals, his case reached the Supreme Court. Despite arguments that Louisiana's segregation law violated the 14th Amendment's promise of equality, the Court ruled that separate facilities for Black and white Americans were constitutional as long as they were "equal".
In the 20th century, the Supreme Court embraced the application of due process and equal protection under the 14th Amendment, even when state laws conflicted. Notable cases from this period include:
- Mapp v. Ohio (1961): Evidence obtained by the police through an illegal search was deemed inadmissible, as it violated the defendant's Fourth Amendment rights.
- Griswold v. Connecticut (1965): The Supreme Court recognised a "right to privacy" under the 14th Amendment's Due Process Clause, protecting the right of married couples to receive counselling regarding contraceptive use.
- Gideon v. Wainwright: The Supreme Court held that the Sixth Amendment guarantee of counsel is a fundamental right, and the 14th Amendment extends this right to defendants in state courts, regardless of their ability to pay.
Other landmark cases that have relied on the 14th Amendment's "equal protection of the laws" include:
- 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)
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Frequently asked questions
The 14th Amendment to the U.S. Constitution, passed in 1868, ensures equal protection to all citizens.
The 14th Amendment addresses citizenship rights and ensures that all citizens are granted equal protection under the law. It also prohibits any state from depriving a person of life, liberty, or property without due process of law.
The 14th Amendment states 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."
