The Fourteenth Amendment: Ensuring Citizenship And Due Process

The Fourteenth Amendment to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses citizenship rights and equal protection under the law at all levels of government. The amendment was a response to issues affecting freed slaves following the American Civil War, and its enactment was bitterly contested. The Fourteenth Amendment guarantees that all persons born or naturalized in the United States are citizens and that no state shall make or enforce any law that abridges the privileges or immunities of US citizens. It also includes the equal protection of the laws clause, which is one of the most commonly used and frequently litigated phrases in the amendment.

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The 14th Amendment guarantees citizenship to all persons born or naturalized in the US

The 14th Amendment to the US Constitution guarantees citizenship to all persons born or naturalized in the US and is subject to its jurisdiction. This right was extended to formerly enslaved people, thereby granting them citizenship. The amendment also applies to children born to parents who are not US citizens, as long as they are not on diplomatic missions.

The Citizenship Clause of the 14th Amendment was adopted on July 9, 1868, and it states: "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 reversed the Dred Scott v. Sandford decision, which ruled that African Americans were not and could not become US citizens.

However, it is important to note that the 14th Amendment has not been interpreted to extend citizenship universally to everyone born in the US. There are specific categories of individuals born in the US who are not automatically granted citizenship. For example, if a person's mother was unlawfully present in the US or on a temporary visa when they were born, and their father was not a US citizen, that person does not automatically acquire US citizenship.

The 14th Amendment also addresses the rights of citizens, including the right to due process of law and equal protection under the law. This means that no state can deprive any person of life, liberty, or property without due process, and all citizens must be treated equally under the law. The "equal protection of the laws" phrase is the most commonly used and litigated part of the amendment and has been central to several landmark cases, including Brown v. Board of Education on racial discrimination and Roe v. Wade on reproductive rights.

It ensures equal protection under the law at all levels of government

The Fourteenth Amendment to the United States Constitution was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It was one of the Reconstruction Amendments, addressing citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War. It was also intended to nationalise the Bill of Rights by making it binding on the states.

The Fourteenth Amendment's most frequently litigated phrase is "equal protection of the laws". This has been central to a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Reed v. Reed (gender discrimination).

The Fourteenth Amendment ensures that no state shall make or enforce any law that abridges the privileges or immunities of US citizens. It also guarantees that no state shall deprive any person of life, liberty, or property without due process of law. This is known as the Due Process Clause, which explicitly applies the Fifth Amendment's similar clause to state governments.

The Citizenship Clause of the Fourteenth Amendment grants citizenship to "all persons born or naturalized in the United States". This overruled the Supreme Court's Dred Scott decision, which ruled that African Americans could not become citizens. The Fourteenth Amendment also ensured that the Civil Rights Act of 1866's grant of citizenship to all born within the US was constitutionalised.

In summary, the Fourteenth Amendment guarantees equal protection under the law at all levels of government by prohibiting states from making or enforcing laws that infringe on citizens' rights and by ensuring that citizens are afforded due process before being deprived of life, liberty, or property.

The Amendment addresses civil rights and liberties, including life, liberty, and property

The Fourteenth Amendment to the United States Constitution was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It addresses citizenship rights and equal protection under the law at all levels of government. The Amendment was a response to issues affecting freed slaves following the American Civil War. It was also intended to nationalise the Bill of Rights by making it binding on the states.

The Citizenship Clause of the Fourteenth Amendment overruled the Supreme Court's Dred Scott decision that African Americans could not become citizens. It grants citizenship to "all persons born or naturalized in the United States", thereby granting citizenship to formerly enslaved people. The Amendment also states that no state shall make or enforce any law that abridges the privileges or immunities of US citizens.

The Fourteenth Amendment is one of the most frequently litigated parts of the Constitution, with the phrase "equal protection of the laws" being particularly prominent in a wide variety of landmark cases. Despite its significance, the Amendment failed to extend the Bill of Rights to the states and did not succeed in protecting the rights of Black citizens.

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It prevents the assumption or payment of debts incurred in aiding insurrection or rebellion

The Fourteenth Amendment to the US Constitution addresses citizenship rights and the rights of citizens. It guarantees that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside.

One of the provisions of the Fourteenth Amendment is the prevention of the assumption or payment of debts incurred in aiding insurrection or rebellion. This is known as the Insurrection Clause or the Disqualification Clause. The clause states that no person who has taken an oath of office to support the Constitution of the United States shall have engaged in insurrection or rebellion against the same or given aid and comfort to its enemies. This includes Senators, Representatives in Congress, and electors of the President and Vice President, among others.

However, Congress has the power to remove this disability by a two-thirds vote of each House. The validity of the public debt of the United States, including debts incurred for suppressing insurrection or rebellion, shall not be questioned. Nevertheless, neither the United States nor any state shall assume or pay any debt incurred in aiding insurrection or rebellion against the United States.

This clause ensures that those who have engaged in insurrection or rebellion against the United States or provided aid to its enemies are disqualified from holding specific offices. It also prevents the assumption or repayment of any debts incurred in such activities, reaffirming the government's commitment to suppressing insurrection and rebellion.

The 14th Amendment also includes an Insurrection Clause, or Disqualification Clause

The Fourteenth Amendment to the US Constitution includes an Insurrection Clause, also known as the Disqualification Clause, in Section 3. This clause disqualifies any person who has previously sworn an oath to support the Constitution—as a member of Congress, an officer of the United States, a member of a State legislature, or a state executive or judicial officer—from holding any federal or state military or civil office if they have engaged in insurrection or rebellion against the Constitution or given aid to its enemies.

The clause states:

> No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

However, it also allows that Congress may remove this disqualification by a two-thirds vote in each House. This clause has rarely been applied, and Congress has enacted legislation over time to remove the disqualification bar for certain persons. For example, in 1872, Congress removed the bar for all persons except Senators and Representatives, certain officers, heads of departments, and foreign ministers. In 1898, broader legislation was enacted to remove the remaining Section 3 disability incurred during the Civil War.

In 2024, the Supreme Court unanimously ruled in Trump v. Anderson that states cannot enforce Section 3 against federal officeholders or candidates.

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