Simone Lawson
The Fourteenth Amendment to the US Constitution, passed in 1868, was a significant step towards equality of life for all Americans. This amendment extended liberties and rights to formerly enslaved people, guaranteeing equal civil and legal rights. It also established that all persons born or naturalized in the US are citizens, with the same privileges and immunities, and ensured that no state could deprive individuals of life, liberty, or property without due process. The Fourteenth Amendment has been a crucial tool in protecting civil rights and has formed the basis for landmark Supreme Court decisions, such as Brown v. Board of Education and Loving v. Virginia, which have advanced racial equality and equal protection under the law. While it was a significant step forward, more work needed to be done to address gender inequality, as evidenced by the ongoing efforts for the Equal Rights Amendment, which aims to guarantee equal rights and protections under the law regardless of sex.
| Characteristics | Values |
|---|---|
| 14th Amendment | Extended liberties and rights to formerly enslaved people |
| Granted citizenship to "All persons born or naturalized in the United States" | |
| Prevented states from depriving any person of "life, liberty, or property, without due process of law" | |
| Prevented states from denying any person "the equal protection of the laws" | |
| Prevented those who engaged in insurrection or rebellion against the US from holding specific offices | |
| Addressed citizenship rights and equal protection under the law at all levels of government | |
| Equal Rights Amendment | Guarantees equal rights and protections under the law regardless of sex |
| Ensures that all people are judged on the basis of individual merit, not unalterable traits of birth | |
| Supports full social, economic, and political equality for women |
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What You'll Learn
The Fourteenth Amendment
One of the key provisions of the Fourteenth Amendment was its extension of liberties and rights to formerly enslaved people, marking a significant shift in American constitutionalism by applying more constitutional restrictions on the states. This amendment was part of the Reconstruction program following the Civil War, aiming to guarantee equal civil and legal rights to Black citizens. It granted citizenship to "All persons born or naturalized in the United States," which included those who had been previously enslaved.
Another important provision of the Fourteenth Amendment was its guarantee of due process of law, stating that no state shall deprive any person of life, liberty, or property without due process. This ensured that all citizens were protected by the law and provided a legal framework for safeguarding civil rights. The amendment also addressed representation in Congress, stating that the basis of representation would be reduced if the right to vote was denied to any male inhabitants over the age of twenty-one who were citizens of the United States.
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Citizenship rights
The Fourteenth Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is a landmark piece of legislation that significantly shaped citizenship rights in the nation's history. This amendment, part of the Reconstruction program following the Civil War, was designed to guarantee equal civil and legal rights to Black citizens, including formerly enslaved people.
One of the key provisions of the Fourteenth Amendment is the expansion of citizenship rights. 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." This broad definition of citizenship includes formerly enslaved people and ensures that they are granted the same rights and protections as all other citizens. It also establishes a clear answer to questions of national and state citizenship, which was a pressing issue in the post-Civil War era.
The Fourteenth Amendment also includes crucial protections for citizens' rights and liberties. It asserts that no state shall make or enforce any law that abridges the privileges or immunities of citizens. This means that citizens' rights, such as freedom of speech, the right to bear arms, legal protection, and the right to due process, are protected from infringement by state laws or actions. The amendment specifically mentions that citizens cannot be deprived of "life, liberty, or property, without due process of law," guaranteeing their fundamental rights.
Furthermore, the Fourteenth Amendment introduces the concept of "equal protection of the laws." This means that all citizens, regardless of race or previous status, are entitled to equal treatment under the law. This provision was particularly aimed at countering the discriminatory "Black Codes" enacted by Southern states, which had led to increased violence against the newly freed African American population. The amendment's emphasis on equal protection would later form the basis for significant Supreme Court decisions, such as Brown v. Board of Education (prohibiting racial segregation in public schools) and Loving v. Virginia (ending interracial marriage bans).
The Fourteenth Amendment also addresses issues related to political representation and the enforcement of rights. It ties the number of seats a state has in the House of Representatives to its total population, ensuring proportional representation. Additionally, it grants Congress the power to enforce the amendment, including punishing states that abridge citizens' right to vote by reducing their representation in Congress. This enforcement provision demonstrates the amendment's focus on safeguarding the rights and representation of all citizens.
In conclusion, the Fourteenth Amendment played a pivotal role in establishing and protecting citizenship rights in the United States. It ensured that all persons born or naturalized in the country were granted citizenship, along with the associated rights and protections. By addressing issues of equality, due process, and political representation, the amendment laid the foundation for a more just and inclusive society, setting a standard for equal rights that continues to shape American law and society today.
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Equal protection under the law
The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was a significant step towards ensuring equal protection under the law. The amendment extended the liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens.
A key component of 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 applies to state and local governments, ensuring that they cannot treat people differently or unfairly apply laws without a valid reason. It was intended to validate the equality provisions in the Civil Rights Act of 1866, which stated that all citizens, regardless of race or colour, should have the full and equal benefit of the laws.
The Equal Protection Clause has been pivotal in several landmark Supreme Court decisions. For example, in Brown v. Board of Education (1954), the clause helped dismantle racial segregation. Additionally, it formed the basis for Obergefell v. Hodges, which legalized same-sex marriage and rejected discrimination against individuals belonging to various groups.
While the Fourteenth Amendment marked a significant shift towards equal protection, it did not immediately end all forms of legal distinction and discrimination. The scope of the Equal Protection Clause was narrowed in the Slaughterhouse Cases, where it was determined that a citizen's privileges and immunities were only ensured at the federal level. Despite this, the clause remains a powerful tool for challenging unequal treatment and ensuring that individuals in similar situations are treated alike under the law.
The interpretation and application of the Equal Protection Clause continue to evolve through legal challenges and Supreme Court decisions, shaping the understanding of equal protection under the law in the United States.
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The National Organization for Women (NOW)
Since its inception, NOW has worked to eliminate discrimination and harassment in the workplace, schools, the justice system, and all other sectors of society. It also advocates for securing abortion, birth control, and reproductive rights for all women, ending all forms of violence against women, and promoting equality and justice in society. NOW addresses these issues through lobbying, demonstrations, and litigation.
One of NOW's initial major concerns was the passage of a national Equal Rights Amendment to the Constitution. Although this amendment failed to gain ratification in 1982, the organisation has continued to advocate for it. NOW also campaigns for issues such as state equal rights amendments and comparable-worth legislation (equal pay for work of comparable value). It notably supports the rights of the LGBTQ+ community and has created a political action committee to support politicians who share the organisation's goals.
NOW's presence extends across all 50 states, with headquarters in Washington, D.C. The organisation has taken up various issues through lobbying, demonstrations, and litigation, including child care, pregnancy leave, abortion rights, and pension rights. NOW Young Feminists, a space for millennials and Gen Z activists to highlight issues important to them, is another initiative by the organisation to shape the national narrative and represent younger generations in the fight for women's rights.
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The Supreme Court
The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was a landmark in extending liberties and rights to formerly enslaved people and addressing citizenship rights and equal protection under the law. This amendment had a significant impact on the Supreme Court, influencing several notable decisions over the years.
One of the key provisions of the Fourteenth Amendment was the Equal Protection Clause, which stated that no state could deny any person within its jurisdiction the equal protection of the laws. This clause has been central to several Supreme Court decisions, including the well-known case of Brown v. Board of Education in 1954, which helped dismantle racial segregation in public schools. The Equal Protection Clause was also invoked in the case of Obergefell v. Hodges, which legalized same-sex marriages, and numerous other decisions rejecting discrimination and bigotry towards various groups.
The Fourteenth Amendment also played a crucial role in the Supreme Court's interpretation of the Civil Rights Act of 1866. In the Shelley v. Kraemer case in 1948, the Court held that the historical context of countering discriminatory Black Codes in southern states must be considered when interpreting the Fourteenth Amendment. This interpretation set a precedent for using the Fourteenth Amendment to challenge discriminatory laws and protect the rights of citizens.
Another important aspect of the Fourteenth Amendment is the Insurrection Clause (also known as the Disqualification Clause), which prohibits individuals who have engaged in insurrection or rebellion against the United States from holding certain offices without congressional approval. This clause has been invoked in cases such as Trump v. Anderson, addressing the validity of public debt and the removal of disabilities for those involved in insurrection.
The impact of the Fourteenth Amendment on the Supreme Court also extends to the interpretation of due process. In the Chicago, Burlington & Quincy Railroad Co. v. City of Chicago case in 1897, the Supreme Court applied the Fifth Amendment's Takings Clause to state governments' eminent domain power under the Due Process Clause. This decision initiated an ongoing process of incorporation, where certain rights and protections are applied to the states through the Fourteenth Amendment.
Overall, the Fourteenth Amendment has been a powerful tool in the Supreme Court's efforts to uphold equal rights and protect citizens from discrimination. It has provided a legal basis for challenging discriminatory laws, interpreting civil rights legislation, and ensuring equal protection under the law for all citizens.
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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 extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It also granted citizenship to "All persons born or naturalized in the United States", thereby granting citizenship to formerly enslaved people.
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would guarantee equal legal rights for all citizens regardless of sex.
The 14th Amendment has been one of the most frequently litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954), which prohibited racial segregation in public schools, and Loving v. Virginia (1967), which ended interracial marriage bans.
