Malcolm Rivera
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. The amendment, which is considered one of the most consequential, was a response to issues affecting freed slaves following the American Civil War. It grants Congress the power to enforce its provisions and has been used as a basis for landmark Supreme Court decisions, such as Brown v. Board of Education, Roe v. Wade, and Loving v. Virginia. The Fourteenth Amendment also includes the Insurrection Clause, which disqualifies candidates for state or federal offices if they previously engaged in insurrection or rebellion against the United States after taking an oath to support the Constitution.
| Characteristics | Values |
|---|---|
| Date passed by Congress | June 13, 1866 |
| Date ratified | July 9, 1868 |
| 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 |
| Rights | No state shall make or enforce any law that abridges the privileges or immunities of US citizens |
| Rights | No state shall deprive any person of life, liberty, or property without due process of law |
| Rights | No state shall deny any person within its jurisdiction equal protection of the laws |
| Voting rights | When the right to vote for electors for President and Vice President, Representatives in Congress, state executive and judicial officers, or members of the state legislature is denied to any male inhabitant of a state who is a citizen of the US, 21 years old, and meets other conditions, the basis of representation therein shall be reduced in the proportion that the number of such male citizens bears to the whole number of male citizens 21 years old in that state |
| Office holding | No person shall be a Senator, Representative in Congress, or hold any office under the United States or a state who has previously engaged in insurrection or rebellion against the United States |
| Public debt | The validity of the public debt of the United States shall not be questioned |
| Confederate states | Required to ratify the 14th Amendment to regain representation in Congress |
| Landmark cases | Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), University of California v. Bakke (racial quotas in education) |
Explore related products
What You'll Learn
Citizenship rights
The Fourteenth Amendment (Amendment XIV) to the United States Constitution addresses citizenship rights and equal protection under the law at all levels of government. It was adopted on July 9, 1868, as one of the Reconstruction Amendments, in response to issues affecting freed slaves following the American Civil War.
The Citizenship Clause of 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 clause establishes birthright citizenship and guarantees that those born or naturalized in the US are citizens of both the country and the state in which they live.
The Privileges or Immunities Clause of the amendment prohibits states from making or enforcing any law that abridges the rights of US citizens. Specifically, it states that no state shall "abridge the privileges or immunities of citizens of the United States." This clause ensures that citizens' fundamental rights are protected from state infringement.
The Due Process Clause of the Fourteenth Amendment applies the Fifth Amendment's due process protections to state governments. It states that no state shall "deprive any person of life, liberty, or property without due process of law." This clause safeguards individuals' rights to fair legal procedures and protects against arbitrary deprivation of their life, liberty, or property.
The Equal Protection Clause is a crucial component of the Fourteenth Amendment. It mandates that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This clause has been central to landmark Supreme Court cases, such as Brown v. Board of Education, which challenged racial discrimination in public schools, and Loving v. Virginia, which struck down interracial marriage bans. The Equal Protection Clause embodies the principle of equality before the law, ensuring that all persons are treated fairly and without discrimination by state governments.
Additionally, the Fourteenth Amendment includes provisions related to the representation of citizens in Congress and voting rights. It addresses the apportionment of representatives among the states based on their respective populations, excluding untaxed Indigenous people from the count. The amendment also stipulates that if male citizens over the age of twenty-one are denied the right to vote for representatives or the President and Vice President, the basis of representation for that state shall be reduced proportionally.
The Last Constitutional Amendment: Understanding the 27th
You may want to see also
Equal protection under the law
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. It addresses 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.
The Fourteenth Amendment's most commonly used and frequently litigated phrase is "equal protection of the laws." This phrase has been central to several landmark cases, including Brown v. Board of Education, Roe v. Wade, Bush v. Gore, Reed v. Reed, and University of California v. Bakke. The Equal Protection Clause is located at the end of Section 1 of the Fourteenth Amendment and reads: "No state shall [...] deny to any person within its jurisdiction the equal protection of the laws."
The 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 Act provided that all persons born in the United States were citizens and required that "citizens of every race and color [...] have full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens."
The Fourteenth Amendment marked a significant shift in American constitutionalism by applying more constitutional restrictions to the states than 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.
The meaning of the Equal Protection Clause has been the subject of much debate and has inspired the well-known phrase "Equal Justice Under Law." This clause has been central to many Supreme Court decisions rejecting discrimination and bigotry towards various groups, such as Obergefell v. Hodges, which legalized same-sex marriages.
Kansas Constitution Amendment Bill: What You Need to Know
You may want to see also
The Insurrection Clause
One of the key purposes of the Insurrection Clause was to address the issue of insurrection and rebellion within the states. This was a direct response to the Civil War, during which several southern states had seceded from the Union and formed the Confederate States of America. The Clause was designed to give the federal government the power to respond to future insurrectionist or rebel activities and to ensure that all states upheld the constitutional rights of their citizens.
Under the Insurrection Clause, Congress can enact laws to suppress acts of insurrection, ensure the enforcement of federal laws, and protect the rights of citizens guaranteed by the 14th Amendment. This includes the power to use the military or other federal forces to intervene in situations where a state government is unable or unwilling to maintain the rule of law and protect the constitutional rights of its citizens.
Bluebooking the Fourth: Constitutional Provision Abbreviations
You may want to see also
Explore related products
Landmark legislation
The Fourteenth Amendment (Amendment XIV) to the United States Constitution, passed on June 8, 1866, and ratified on July 9, 1868, is considered one of the most consequential amendments in history. This landmark legislation addressed several key issues, particularly those affecting freed slaves following the American Civil War, and its enactment was bitterly contested.
One of the primary purposes of the Fourteenth Amendment was to grant citizenship rights to "all persons born or naturalized in the United States," including formerly enslaved people. This provision extended the liberties and rights granted by the Bill of Rights to a broader segment of the population. Additionally, it provided all citizens with "equal protection under the laws," ensuring that no state could deprive any person of "life, liberty, or property, without due process of law."
The Fourteenth Amendment also included the Insurrection Clause, which disqualified candidates for state or federal offices if they had previously engaged in insurrection or rebellion against the United States after taking an oath to support the Constitution. This clause gave Congress the authority to block individuals from holding office with a two-thirds vote in each House. Furthermore, the amendment prohibited former Confederate states from repaying war debts and compensating former slave owners for emancipation.
The Due Process Clause of the Fourteenth Amendment was particularly significant. It applied the Fifth Amendment's Takings Clause to state governments, ensuring due process rights and protecting individuals against the arbitrary denial of life, liberty, or property. This was a direct response to the Fugitive Slave Act of 1850, which allowed slave owners to recapture fugitive slaves without due process.
The Fourteenth Amendment has been the basis for numerous landmark Supreme Court decisions, including:
- Brown v. Board of Education (1954): Prohibiting racial segregation in public schools
- Loving v. Virginia (1967): Ending interracial marriage bans
- Roe v. Wade (1973): Recognizing reproductive rights
- Bush v. Gore (2000): Addressing election recounts
- Reed v. Reed (1971): Addressing gender discrimination
- University of California v. Bakke (1978): Challenging racial quotas in education
Recent Voting Amendments: Constitutional Changes
You may want to see also
Due process
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. The Fourteenth Amendment addresses citizenship rights and equal protection under the law at all levels of government. The Due Process Clause of the Fourteenth Amendment prohibits states from depriving "any person of life, liberty, or property, without due process of law".
The Due Process Clause of the Fourteenth Amendment was groundbreaking for its time and has played a significant role in shaping American society by defining essential rights. The Clause has three main categories: procedural due process, substantive due process, and the individual rights listed in the Bill of Rights, "incorporated" against the states. Procedural due process focuses on how the government makes decisions that deprive a person of life, liberty, or property. Governments cannot make arbitrary decisions and policies that apply to criminal and civil cases. Substantive due process focuses on freedom from government interference with fundamental rights.
The Due Process Clause of the Fourteenth Amendment applies the Fifth Amendment's similar clause to state governments. The Fifth Amendment, however, applies only against the federal government. The Fourteenth Amendment was adopted after the Civil War to protect individual rights from interference by the states. The Supreme Court has elaborated significantly on the core understanding of the Due Process Clause since its adoption.
The Due Process Clause of the Fourteenth Amendment has been interpreted by the Supreme Court to protect certain fundamental rights and safeguards against harmful state actions. The Court has also used the Clause to protect unenumerated rights, or liberties that are so important that they cannot be infringed upon without a compelling reason, regardless of the amount of process given. The Due Process Clause has been central to many landmark Supreme Court cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts).
The 19th Amendment: A Historic Year for the Constitution
You may want to see also
Frequently asked questions
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. It addresses citizenship rights and equal protection under the law at all levels of government.
The 14th Amendment has several key components, including:
- The Insurrection Clause: This 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.
- Citizenship Rights: It states 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.
- Equal Protection: It guarantees that no state shall deprive any person within its jurisdiction of the equal protection of the laws.
- Due Process: It ensures that no state shall deprive any person of life, liberty, or property without due process of law.
The Fourteenth Amendment was passed in response to issues affecting freed slaves following the American Civil War. It was designed to address citizenship rights and equal protection under the law, particularly for formerly enslaved individuals. The amendment also granted Congress the power to enforce it, leading to the passage of other landmark legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
