Jonah Patel
The Fourteenth Amendment to the United States Constitution, adopted on July 9, 1868, addresses citizenship rights and equal protection under the law at all levels of government. It was passed as one of the Reconstruction Amendments following the American Civil War, and its enactment was bitterly contested. The Fourteenth Amendment is considered one of the most consequential amendments, with its most commonly used phrase being equal protection of the laws. This amendment has been invoked in landmark Supreme Court decisions, such as Brown v. Board of Education, Roe v. Wade, and Loving v. Virginia, which have helped shape American society.
| Characteristics | Values |
|---|---|
| Date proposed | June 16, 1866 |
| Date passed | June 13, 1866 |
| Date ratified | July 9, 1868 |
| Purpose | To extend liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Citizenship | All persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and of the state in which they reside |
| Equal protection under the law | No state shall make or enforce any law that abridges the privileges or immunities of US citizens; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny any person within its jurisdiction equal protection of the laws |
| Insurrection Clause | No person who has taken an oath of office shall engage in insurrection or rebellion against the United States |
| Public debt | The validity of the public debt of the United States shall not be questioned |
| Enforcement | Granted Congress the power to enforce this amendment |
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What You'll Learn
Citizenship rights
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. It was one of three amendments passed following the Civil War to guarantee equal civil and legal rights to Black citizens, particularly those who had been enslaved.
The Fourteenth Amendment grants citizenship to "all persons born or naturalized in the United States and subject to the jurisdiction thereof". This was a significant expansion of citizenship rights, as it granted 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. This "Privileges or Immunities Clause" was intended to nationalize the Bill of Rights by making it binding upon the states.
The Fourteenth Amendment's "Equal Protection Clause" was written to constitutionalize the anti-discrimination principles of the Civil Rights Act of 1866 and prevent the enforcement of the southern states' Black Codes. The phrase "equal protection of the laws" is one of the most commonly used and frequently litigated phrases in the amendment, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (prohibiting racial segregation in public schools), Loving v. Virginia (ending interracial marriage bans), and Reed v. Reed (gender discrimination).
The amendment also includes an "Insurrection Clause", which disqualifies candidates for state or federal offices if they previously took an oath to support the Constitution but then engaged in insurrection or rebellion against the United States. This clause was added to address issues with readmitting Confederate states following the Civil War.
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Equal protection under the law
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses citizenship and the rights of citizens. The amendment was proposed following the Civil War as part of the Reconstruction program to guarantee equal civil and legal rights to Black citizens.
The Fourteenth Amendment's most commonly used and frequently litigated phrase is "equal protection under the laws", which has been central to several landmark cases, including Brown v. Board of Education, Roe v. Wade, and Bush v. Gore. The Equal Protection Clause, located at the end of Section 1 of the amendment, states: "No state shall [...] deny to any person within its jurisdiction the equal protection of the laws."
The Fourteenth Amendment marked a significant shift in American constitutionalism by imposing more constitutional restrictions on the states than before the Civil War. The amendment's primary purpose was to validate the equality provisions in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection under the law. This Act was enacted due to the inequality imposed by Black Codes, which discriminated against Black citizens.
The Equal Protection Clause has been interpreted and applied in various contexts, including racial discrimination, reproductive rights, election recounts, and gender discrimination. While the clause itself 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 federal laws.
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The Insurrection Clause
The Fourteenth Amendment to the US Constitution was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It extended liberties and rights granted by the Bill of Rights to formerly enslaved people and guaranteed equal civil and legal rights to Black citizens.
Section 3 of the Fourteenth Amendment, also known as the Insurrection Clause or the Disqualification Clause, disqualifies any person who has sworn to support the Constitution from holding specific offices if they subsequently engage in insurrection or rebellion against the Constitution or provide aid and comfort to its enemies. This includes those who have taken an oath as a member of Congress, an officer of the United States, a member of any State legislature, or a state executive or judicial officer.
While Section 3 has rarely been applied, it gained renewed attention following the storming of the United States Capitol building by supporters of then-President Donald Trump on January 6, 2021. It is important to note that Congress may remove the disqualification by a two-thirds vote in each House.
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The Due Process Clause
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The Fourteenth Amendment's Due Process Clause is a source of an array of constitutional rights, including some of the most cherished and some of the most controversial.
Secondly, the Court has construed the Fourteenth Amendment's Due Process Clause to render many provisions of the Bill of Rights applicable to the states. As originally ratified, the Bill of Rights restricted the actions of the federal government but did not limit the actions of state governments. Following the ratification of the Reconstruction Amendments, the Court has interpreted the Fourteenth Amendment's Due Process Clause to impose on the states many of the Bill of Rights' limitations, a doctrine sometimes called incorporation against the states through the Due Process Clause.
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Landmark legislation
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is considered landmark legislation for several reasons. Firstly, it extended the liberties and rights granted by the Bill of Rights to formerly enslaved people, granting them citizenship. This was achieved by granting citizenship to "all persons born or naturalized in the United States," which included formerly enslaved people.
Secondly, it provided all citizens with "equal protection under the laws," making it illegal for states to make or enforce any law that abridges the privileges or immunities of US citizens. This "equal protection" clause has been central to a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), and University of California v. Bakke (racial quotas in education).
Thirdly, the Fourteenth Amendment authorized the federal government to punish states that infringed on citizens' right to vote by reducing their representation in Congress proportionally. This was a significant step towards ensuring voting rights for all citizens. Additionally, it banned individuals who had engaged in insurrection against the United States from holding any civil, military, or elected office without the approval of two-thirds of the House and Senate.
Finally, the amendment prohibited former Confederate states from repaying war debts and compensating former slave owners for emancipation. It also granted Congress the power to enforce the amendment through appropriate legislation, which led to further landmark civil rights laws in the 20th century.
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Frequently asked questions
The Fourteenth Amendment, 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. It was passed to extend liberties and rights granted by the Bill of Rights to formerly enslaved people.
The Insurrection Clause disqualifies candidates for state or federal offices if they previously took an oath to support the Constitution when entering public office but then engaged in insurrection or rebellion against the United States.
The Due Process Clause explicitly applies the Fifth Amendment's similar clause to state governments. No State shall deprive any person of life, liberty, or property without due process of law.
