Eleanor Finch
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, guarantees equal protection under the law for all races. The amendment was part of a series of constitutional provisions aimed at securing the civil rights of a race that had been emancipated from slavery. It granted citizenship to all persons born or naturalized in the United States and prohibited any state from denying any person within its jurisdiction equal protection under the law. This amendment formed the basis for landmark civil rights legislation in the 20th century and continues to shape legal debates around affirmative action and racial equality in education and employment.
| Characteristics | Values |
|---|---|
| Date passed by Congress | June 13, 1866 |
| Date passed by the Senate | June 8, 1866 |
| Date ratified | July 9, 1868 |
| Number of states ratifying | 28 of 37 |
| Section | 1 |
| Clause | Equal Protection Clause |
| Citizenship | Granted to all persons "born or naturalized in the United States" |
| Purpose | To secure civil rights to emancipated persons of color |
| Powers | Denied states the power to withhold equal protection of laws from citizens of color |
| Powers | Authorized Congress to enforce provisions through legislation |
| Powers | Authorized the government to punish states that abridged citizens' right to vote |
| Powers | Banned those who "engaged in insurrection" against the US from holding office |
| Powers | Prohibited former Confederate states from repaying war debts and compensating former slave owners |
| Powers | Extended the Bill of Rights to the states |
| Powers | Prevented federal government discrimination |
| Powers | Allowed Congress to enforce the amendment |
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What You'll Learn
The Fourteenth Amendment
A key aspect of the Fourteenth Amendment is its provision of citizenship to "all persons born or naturalized in the United States," which included formerly enslaved people. This amendment granted citizenship and its privileges to people of colour, ensuring that no state could withhold equal protection of the laws from them. It also authorized Congress to enforce its provisions through appropriate legislation, rendering any state law that discriminated against African-Americans void.
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Civil Rights Act of 1964
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was designed to guarantee equal civil and legal rights to Black citizens. The amendment granted citizenship to "all persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people. It also ensured that neither the federal nor state governments could deny any person "life, liberty, or property, without due process of law" or "the equal protection of the laws."
While the Fourteenth Amendment was a significant step towards racial equality, it did not fully succeed in protecting the civil rights of Black Americans. This led to the proposal of the Civil Rights Act of 1964, which sought to address ongoing racial discrimination and segregation.
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that aimed to outlaw discrimination based on race, color, religion, sex, and national origin. It was signed into law by President Lyndon B. Johnson on July 2, 1964, after being passed by Congress. The Act prohibited discrimination in public places, provided for the integration of schools and other public facilities, and made employment discrimination illegal. It also addressed voting rights and public accommodations.
The legislation was first proposed by President John F. Kennedy in June 1963, but it faced strong opposition in the Senate, including a 72-day filibuster. After Kennedy's assassination in November 1963, President Lyndon B. Johnson pushed the bill forward. The House of Representatives passed the bill on February 10, 1964, and despite continued opposition and filibustering by Southern Democratic Senators, it eventually passed the Senate on June 19, 1964.
The Civil Rights Act of 1964 was a significant step towards racial equality in the United States, building upon the foundation laid by the Fourteenth Amendment. It addressed segregation and discrimination in various aspects of public life and expanded the protections guaranteed by the Constitution to all citizens, regardless of race.
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Voting Rights Act of 1965
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was designed to guarantee equal civil and legal rights to Black citizens. It extended the liberties and rights granted by the Bill of Rights to formerly enslaved people, granting them citizenship and the privileges of citizenship.
The Fourteenth Amendment, however, failed to protect the rights of Black citizens effectively, and racial minorities continued to face discrimination and disenfranchisement in voting. This prompted the need for further legislation, such as the Voting Rights Act of 1965, to enforce the Fourteenth and Fifteenth Amendments and secure the right to vote for racial minorities.
The Voting Rights Act of 1965 is a landmark federal statute in the US that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson on August 6, 1965, during the civil rights movement. The Act was a response to the violent resistance and discrimination faced by African Americans when attempting to register to vote, highlighted by events such as the murder of voting rights activists in Mississippi and the attack on peaceful marchers in Selma, Alabama.
The Voting Rights Act of 1965 outlawed discriminatory voting practices, such as literacy tests and poll taxes, that had been used to deny African Americans the right to vote. It also provided for the appointment of federal examiners with the power to register qualified citizens to vote in covered jurisdictions. Section 5 of the Act required these jurisdictions to obtain "preclearance" for any new voting practices to prevent discriminatory changes. Additionally, Section 2 applied a nationwide prohibition against denying or abridging the right to vote based on race or color.
The Voting Rights Act had an immediate impact, with a significant increase in Black voter registration by the end of 1965. The Act has been readopted and strengthened multiple times, and it is considered the most effective federal civil rights legislation in the country. However, in 2013, the Supreme Court struck down the coverage formula used in Section 5 as unconstitutional, impacting the enforceability of that section. Despite this, the Voting Rights Act of 1965 remains a significant milestone in the struggle for voting rights for racial minorities in the US.
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Affirmative action
The Fourteenth Amendment to the US Constitution, passed in 1866 and ratified in 1868, guarantees equal protection under the law for all races. This amendment was a response to the Civil War and granted citizenship and privileges to formerly enslaved people, ensuring that state laws could not discriminate against them.
On the other hand, opponents of affirmative action argue that it can be a form of reverse discrimination, benefiting the most privileged within minority groups while hindering the least fortunate in majority groups. The use of racial quotas in college admissions has been challenged in court cases like Regents of the University of California v. Bakke in 1978 and Students for Fair Admissions v. Harvard in 2023.
The nature and scope of affirmative action vary across different regions and countries, with some using quota systems and others giving preference or special consideration to minority group members without explicit quotas. In the United States, affirmative action has been implemented through landmark legislation such as the Civil Rights Act of 1964 and executive orders starting in 1965, which prohibited businesses receiving federal funds from using discriminatory practices.
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Due process
The Fourteenth Amendment to the US Constitution, passed in 1868, guarantees equal protection for all races. This amendment was proposed in the aftermath of the Civil War, with the aim of ensuring equal civil and legal rights for Black citizens. It granted citizenship to "all persons born or naturalized in the United States," which included formerly enslaved people.
A key component of the Fourteenth Amendment is the Due Process Clause, which asserts that no state can deprive any person of life, liberty, or property without due process of law. This clause provides procedural due process protections, meaning that government actors must adhere to specific procedures before depriving an individual of their rights. This typically involves notice, a hearing, and a jury trial.
The Due Process Clause also protects substantive due process, which refers to certain fundamental rights that the government cannot infringe upon, even if procedural protections are provided. These rights include those listed in the Bill of Rights, such as freedom of speech, freedom of religion, and the right to bear arms. Additionally, the clause encompasses other fundamental rights not explicitly mentioned in the Constitution, such as the right to marry, the right to use contraception, and the right to abortion.
The Fourteenth Amendment's Due Process Clause has been interpreted and applied by the Supreme Court in various contexts. One notable interpretation is that it repudiates the notion that a person can be deprived of their rights without due process of law, as seen in the Dred Scott Case (1857). Additionally, the clause has been used to strike down state laws that discriminated against African Americans and to address public accommodation discrimination in the early 1960s.
In summary, the Fourteenth Amendment's Due Process Clause safeguards the rights of individuals by requiring fair procedures and protecting fundamental liberties. It plays a crucial role in ensuring equal protection under the law for all races, as intended by its authors following the Civil War.
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Frequently asked questions
The Equal Protection Clause is part of the Fourteenth Amendment, which was passed by Congress on June 13, 1866, and ratified on July 9, 1868. The Clause states that no state shall "deny to any person within its jurisdiction the equal protection of the laws".
The Fourteenth Amendment grants citizenship to "All persons born or naturalized in the United States", including formerly enslaved people, and provides all citizens with equal protection under the laws, extending the provisions of the Bill of Rights to the states. It also denies states the power to withhold equal protection of the laws from people of colour and authorises Congress to enforce its provisions through legislation.
The Fourteenth Amendment has been used to strike down numerous statutes applying to corporations in the late 19th and early 20th centuries. It has also been interpreted to prevent the federal government from discriminating, with the Supreme Court holding that it applies to all people. The Amendment has been used to challenge racial segregation and discrimination in education, employment, and voting rights, with varying degrees of success.
