Jonah Patel
The topic of constitutional provisions extending equality is a complex and multifaceted issue, with a range of historical and legal considerations. One notable example is the Equal Protection Clause, which is part of the Fourteenth Amendment to the United States Constitution. This clause, which came into effect in 1868, mandates equal treatment under the law and was designed to address racial inequality, particularly for Black Americans in the aftermath of the Civil War. The Fourteenth Amendment also granted citizenship to All persons born or naturalized in the United States, extending rights to formerly enslaved people. Another significant development was the proposed Equal Rights Amendment (ERA) in 1972, which aimed to guarantee equality of rights regardless of sex, though it ultimately failed to gain the necessary approval. These examples demonstrate the ongoing efforts to extend equality through constitutional provisions, often in response to specific social and historical contexts.
| Characteristics | Values |
|---|---|
| The Fourteenth Amendment | Extended rights and liberties to formerly enslaved people, granting citizenship and equal protection under the law |
| Passed by Congress in 1866, ratified in 1868 | |
| The Equal Rights Amendment (ERA) | Proposed in 1972 to guarantee equality of rights regardless of sex |
| Did not receive the necessary approval from states by the 1982 deadline | |
| The Fifteenth Amendment | Guaranteed the right to vote regardless of race |
| The Nineteenth Amendment | Guaranteed the right to vote regardless of sex |
| The Civil Rights Act of 1866 | Guaranteed all citizens equal protection by law |
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What You'll Learn
The Fourteenth Amendment
Section 1 of the Fourteenth Amendment is particularly noteworthy for its wording on due process and equal protection, which has been central to significant Supreme Court decisions. This section asserts that all persons born or naturalized in the United States are citizens and are entitled to equal protection under the law. It forbids states from making or enforcing any laws that abridge the privileges or immunities of US citizens. This section was designed to assure that citizens of colour enjoyed the same civil rights as white citizens and were protected by the federal government in doing so. The Equal Protection Clause, located within this section, mandates that individuals in similar situations be treated equally by the law, marking a significant shift in American constitutionalism by imposing more restrictions on the states.
Additionally, Section 2 of the amendment focuses on determining electoral power for states based on individual citizen counts. Section 3 addresses political eligibility, stating that those who have engaged in insurrection or rebellion against the United States shall not hold specific offices, while Section 4 validates the public debt of the United States and states that neither the federal nor state governments are obligated to pay the Confederacy's war debts or compensate for the financial value of freed slaves.
Overall, the Fourteenth Amendment has been a powerful tool in extending equality and civil rights, particularly for formerly enslaved people and citizens of colour, by guaranteeing equal protection under the law and shaping landmark Supreme Court decisions that have advanced equality in the United States.
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The Civil Rights Act of 1866
The Act declared that all people born in the United States who are not subject to any foreign power are citizens, regardless of race, colour, or previous condition of slavery. It also stated that any citizen has the same rights as a white citizen to make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, sell, hold, and convey real and personal property. The Act guaranteed all citizens the "full and equal benefit of all laws and proceedings for the security of person and property".
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The Equal Protection Clause
> "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws."
The Fourteenth Amendment, which was passed by Congress in 1866 and ratified in 1868, was one of the Reconstruction Amendments that aimed to guarantee equal civil and legal rights to Black citizens. The Equal Protection Clause was a key provision of this amendment, mandating that individuals in similar situations be treated equally by the law.
The primary motivation behind the Equal Protection Clause was to validate the equality provisions set out in the Civil Rights Act of 1866, which guaranteed that all citizens had the right to equal protection under the law. The Fourteenth Amendment represented a significant shift in American constitutionalism, imposing greater constitutional restrictions on the states than had been in place before the Civil War.
While the Equal Protection Clause only applies to state and local governments, the Supreme Court has held that the Due Process Clause of the Fifth Amendment requires equal protection under the laws of the federal government.
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The Equal Rights Amendment (ERA)
The ERA was introduced in Congress in December 1923, but it made little progress until the rise of the women's movement in the 1960s, when it gained increasing support. In 1971, it was reintroduced by Representative Martha Griffiths and approved by the US House of Representatives. The following year, in 1972, it was approved by the US Senate, thus submitting the ERA to the state legislatures for ratification as outlined in Article Five of the US Constitution. This version of the ERA, with revised wording reflecting the Fifteenth and Nineteenth Amendments, became known as the Lucretia Mott Amendment, named after a female abolitionist who fought for women's rights.
The ERA faced opposition and debate, with some arguing that it would remove protections for women and make them eligible for the military draft. Despite these controversies, the ERA continued to gain momentum, and in 2017, Nevada became the first state to ratify the measure since 1977. This was followed by Illinois in 2018 and Virginia in 2020, which became the 38th state to ratify the ERA, technically reaching the threshold required for amendments to take effect.
However, the ERA's path to becoming part of the Constitution has faced hurdles. The original ratification deadline set by Congress in 1979, later extended to 1982, has passed, and some states have rescinded their approval. Despite these challenges, there are ongoing efforts to ratify the amendment, and it continues to be a priority for lawmakers and advocacy organizations. The ERA aims to address pervasive gender discrimination, including wage disparities, sexual harassment, violence, and unequal representation in American democratic institutions.
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The Thirteenth Amendment
The second section of the amendment empowers Congress to enforce the ban on slavery and involuntary servitude through appropriate legislation. This section was used to pass the Civil Rights Act of 1866, which guaranteed equal protection under the law for Black Americans, marking the nation's first civil rights law. The Act invalidated the Black Codes, a set of laws passed by southern states that aimed to maintain control over former slaves. These codes restricted land ownership, limited employment opportunities, and imposed discriminatory behaviours on individuals with Black ancestry.
While the Thirteenth Amendment did not directly provide for equality, it paved the way for subsequent constitutional promises of equality. Some argue that the amendment not only abolished slavery but also prohibited all racially discriminatory practices associated with it, implying a ban on discrimination and a promise of freedom. However, this interpretation is disputed as it would render the Fourteenth and Fifteenth Amendments redundant. The Fourteenth Amendment, ratified in 1868, defined citizenship and mandated equal protection under the law, while the Fifteenth Amendment, ratified in 1870, prohibited racial voting restrictions.
The Supreme Court has suggested that the Thirteenth Amendment is primarily a ban on coerced labour, allowing federal laws to address a broader range of discriminatory conduct beyond just coerced labour. The amendment has been invoked in legal cases such as Plessy v. Ferguson (1896), where attorneys argued that racial segregation violated the amendment, and in Robertson v. Baldwin (1897), where the Court clarified the scope and exceptions of the amendment.
Overall, the Thirteenth Amendment was a crucial step towards equality, freeing those in bondage and empowering Congress to address the badges and incidents of racial hierarchy, including discriminatory bidding practices, admissions policies, and electoral practices that limit minority participation.
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Frequently asked questions
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.
The Fourteenth 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. Additionally, it stated that "nor shall any state deprive any person of life, liberty, or property, without due process of law."
The Equal Rights Amendment (ERA) was first proposed as an addition to the U.S. Constitution in 1923. It states that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." The ERA sought to remove sex-based discrimination and ensure that the Constitution included the principle of equality of rights for women.
