Eleanor Finch
The Fourteenth Amendment to the U.S. Constitution, passed in 1868, is the constitutional amendment that sustains civil rights. It was passed to address issues affecting freed slaves following the Civil War, guaranteeing them citizenship and equal protection under the law. The amendment also revoked the Black Codes, which were laws passed by southern states that restricted the civil rights of newly freed African Americans. The Fourteenth Amendment is one of the most consequential amendments and has been frequently litigated, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education, which prohibited racial segregation in public schools.
| Characteristics | Values |
|---|---|
| Date passed | June 13, 1866 |
| Date ratified | July 9, 1868 |
| Number of ratifying states | 28 out of 37 |
| Date declared ratified | July 28, 1868 |
| Primary author | Congressman John A. Bingham of Ohio |
| Key provisions | Definition of citizenship, protection of civil rights, power of the federal government |
| Citizenship | Granted to "All persons born or naturalized in the United States" |
| Rights | Extended liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Equality | "Nor shall any state deprive any person of life, liberty, or property, without due process of law" |
| Voting rights | Protected the right to vote for all male citizens age 21 or older |
| Representation | Addressed the right to vote at any election for the choice of electors, representatives, executive and judicial officers, or members of the legislature |
| Section 3 | No person shall be a Senator, Representative, or hold any office under the United States who has engaged in insurrection or rebellion |
| Section 4 | The validity of the public debt of the United States shall not be questioned |
| Section 5 | Congress shall have the power to enforce the provisions of this article |
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What You'll Learn
The Fourteenth Amendment
The amendment also included provisions to revoke the Black Codes, which were laws passed by southern states that restricted the civil rights of newly freed African Americans. It declared that no state could make or enforce any law that deprived citizens of their constitutional rights and freedoms. This was further enforced by the Equal Protection Clause, which aimed to prevent the enforcement of discriminatory laws.
Additionally, the Fourteenth Amendment addressed representation in Congress and voting rights, amending the 3/5ths clause in the Constitution to state that population counts would be based on the "whole number of persons" in a state, ensuring that all people were counted equally. It also protected the right to vote for all male citizens aged 21 and older, although it would take the 15th Amendment to ban voting restrictions based on race.
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Citizenship rights
The 14th Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is a key text for citizenship rights in the United States. The amendment was proposed in the aftermath of the Civil War, as part of a Reconstruction program to guarantee equal civil and legal rights to Black citizens. It was also a response to the 13th Amendment, which abolished slavery but did not address the citizenship status and rights of newly freed African Americans.
The 14th Amendment established the principle of birthright citizenship, stating 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 marked a significant shift in the legal definition of citizenship, as it granted citizenship to formerly enslaved people and ensured that all citizens were afforded equal constitutional rights. However, it is important to note that this amendment excluded Native Americans, who were not legally granted citizenship until the Indian Citizenship Act of 1924. Additionally, the amendment did not universally extend citizenship to everyone born in the United States, as it excluded those who were not "subject to the jurisdiction" of the country.
The amendment also included provisions to protect the rights of citizens, stating that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." This meant that states could not deprive citizens of life, liberty, or property without due process, and that the law had to be applied equally to all. This represented a shift in power between the states and the federal government, as civil rights were now protected at the federal level.
The 14th Amendment also addressed voting rights and representation in Congress. It amended the 3/5ths clause in the Constitution, stating that population counts would be based on the "whole number of persons" in a state, ensuring that all people were counted equally. It protected the right to vote for all male citizens aged 21 and older, although it took the 15th Amendment (ratified in 1870) to ban voting restrictions based on race.
In conclusion, the 14th Amendment to the U.S. Constitution is a crucial text for citizenship rights, as it established birthright citizenship, protected the rights of citizens from state infringement, and addressed voting rights and representation. It was a significant step towards ensuring equal civil and legal rights for all citizens, particularly for African Americans in the aftermath of the Civil War and the abolition of slavery.
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Equal protection under the law
The 14th 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 civil rights in the United States. One of its most significant provisions is the Equal Protection Clause, which states: "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The Equal Protection Clause embodies the principle of equality under the law, guaranteeing that all citizens are entitled to equal protection by law. This clause was a direct response to the Black Codes, a set of laws enacted by southern states after the Civil War that restricted the civil rights of newly freed African Americans. The 14th Amendment revoked these discriminatory laws and established that states could not enact legislation that denied citizens their constitutional rights and freedoms.
The phrase "equal protection of the laws" from the 14th Amendment has been central to numerous landmark Supreme Court cases, including Brown v. Board of Education, which helped dismantle racial segregation, and Obergefell v. Hodges, which legalized same-sex marriage. The clause has been invoked in a wide range of contexts, demonstrating its enduring significance in ensuring equality and justice for all Americans.
While the 14th Amendment represented a significant step towards equality, it is important to acknowledge that its implementation and impact were not immediate. Despite the amendment's guarantees, African Americans continued to face resistance, violence, and discrimination. It took continued efforts, legal challenges, and further amendments, such as the 15th Amendment, to gradually break down racial barriers and work towards a more inclusive and just society.
In conclusion, the 14th Amendment, with its Equal Protection Clause, stands as a cornerstone of civil rights in the United States. It set in motion a process of legal and social change, empowering individuals to challenge discriminatory laws and practices and shaping a nation that strives for equality and justice under the law.
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Voting rights
The 19th Amendment, ratified in 1920, addressed voting rights for women, stating that "the right of citizens of the United States to vote shall not be denied or abridged...on account of sex". This amendment ensured that women were guaranteed the right to vote regardless of state laws or policies.
The 24th Amendment, ratified in 1964, eliminated poll taxes which had been used to restrict voting rights, particularly for African Americans. This amendment marked the culmination of efforts to abolish poll taxes that began in Congress in 1939.
The Voting Rights Act of 1965 further prohibited voter discrimination based on race, colour, or membership in a language minority group. It required certain places to provide election materials in languages other than English and placed limits on states with a history of voter discrimination.
The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18, ensuring that younger citizens gained the right to vote.
Prior to these amendments, voting rights were restricted to white male property owners in many states, with some exceptions in a few Northern states. The 13th Amendment, ratified in 1865, abolished slavery but did not address the civil rights or citizenship status of newly freed African Americans. The 14th Amendment, ratified in 1868, extended liberties and rights to formerly enslaved people, granting them citizenship and protecting their civil rights. It also revoked the Black Codes, declaring that states could not deny citizens their constitutional rights and freedoms.
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Birthright citizenship
The 14th Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is a key piece of legislation that sustains civil rights. It extended the liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens.
One of the significant provisions of the 14th Amendment is the establishment of birthright citizenship. This principle, also known as jus soli, or "right of the soil," grants citizenship to individuals born in the United States. Specifically, 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 provision was affirmed by the Supreme Court in the 1898 United States v. Wong Kim Ark case, which clarified that children born in the U.S. to immigrant parents are citizens, regardless of their parents' immigration status.
The inclusion of birthright citizenship in the 14th Amendment was a significant step towards racial equality. Following the Civil War and the abolition of slavery in 1865, southern states passed Black Codes, which restricted the civil rights of newly freed African Americans. The 14th Amendment revoked these codes by declaring that states could not pass laws that denied citizens their constitutional rights and freedoms. It ensured that all citizens were entitled to due process and equal protection under the law.
However, it is important to note that the application of birthright citizenship has been contested in recent years. In 2025, the Trump administration attempted to end birthright citizenship for babies of undocumented immigrants and individuals with temporary status in the U.S. This move was blocked by federal courts as it was deemed unconstitutional. Nevertheless, the debate around birthright citizenship continues, highlighting the ongoing struggle to protect civil rights and ensure equality for all.
While birthright citizenship is a fundamental aspect of the 14th Amendment, it is not without its exceptions and limitations. For instance, certain individuals born in the United States may not be automatically granted citizenship if their parents do not meet specific criteria regarding their immigration status. Additionally, Native Americans were notably excluded from birthright citizenship and were only legally declared U.S. citizens in 1924 with the Indian Citizenship Act. These exceptions underscore the complex history of birthright citizenship and the ongoing efforts to ensure equal rights for all.
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Frequently asked questions
The Fourteenth Amendment to the U.S. Constitution, passed in 1868, sustains civil rights.
The Fourteenth Amendment extended the rights granted by the Bill of Rights to formerly enslaved people, guaranteeing their rights as citizens. It also revoked the Black Codes, which restricted the civil rights of newly freed African Americans.
The most commonly used phrase in the Fourteenth Amendment is "equal protection of the laws". This has been used in landmark cases such as Brown v. Board of Education (racial discrimination) and Roe v. Wade (reproductive rights).
The Fourteenth Amendment also included provisions relating to voting and representation in Congress. It protected the right to vote for all male citizens aged 21 or older, though it took the Fifteenth Amendment (1870) to ban voting restrictions based on race.
