Malcolm Rivera
The Fourteenth Amendment to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was one of three Reconstruction Amendments that abolished slavery and established civil and legal rights for Black Americans. The Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, granting citizenship to all persons born or naturalized in the United States and guaranteeing equal protection of the laws.
| Characteristics | Values |
|---|---|
| Date proposed | June 16, 1866 |
| Date passed by Congress | June 13, 1866 |
| Date ratified | July 9, 1868 |
| Date declared ratified | July 28, 1868 |
| Purpose | To extend liberties and rights to formerly enslaved people, and to guarantee equal civil and legal rights to Black citizens |
| Key Provisions | Granting citizenship to “All persons born or naturalized in the United States”; guaranteeing equal protection under the law; addressing voting rights and representation in Congress; disqualifying certain individuals from holding office; addressing war debts |
| Landmark Supreme Court Decisions | Brown v. Board of Education (1954); Loving v. Virginia (1967); Roe v. Wade (1973); Civil Rights Cases (1883); Strauder v. (no date); Saunders v. Wilkins (1945) |
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What You'll Learn
The 14th Amendment was ratified on July 9, 1868
The 14th Amendment to the U.S. Constitution was ratified on July 9, 1868. It was passed by Congress on June 13, 1866, and submitted to the states for ratification on June 16, 1866. On July 28, 1868, it was declared ratified by 28 out of 37 states, becoming part of the supreme law of the land.
The 14th Amendment was one of three amendments passed during the Reconstruction era to establish civil and legal rights for Black Americans and abolish slavery. It was a response to issues affecting freed slaves following the Civil War, and its enactment was bitterly contested. The amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, granting them citizenship and equal protection under the law.
A key provision of the 14th Amendment was the definition of U.S. citizenship: "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 repudiated the Supreme Court's 1857 Dred Scott decision, which stated that a Black man could not claim citizenship rights under the federal constitution, even if born free. The amendment also expanded the civil and legal rights of all American citizens by protecting them from state infringement, as well as federal infringement.
The 14th Amendment has been interpreted by the Supreme Court to guarantee a wide array of rights, including those in the Bill of Rights, such as freedom of speech and the right to bear arms. It also includes rights not mentioned elsewhere in the Constitution, such as the right to privacy. The amendment has formed the basis for many landmark Supreme Court decisions, including Brown v. Board of Education (1954), Loving v. Virginia (1967), and Roe v. Wade (1973).
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It extended rights to formerly enslaved people
The Fourteenth Amendment to the U.S. Constitution was ratified on July 9, 1868. It was passed by Congress on June 13, 1866, and became part of the supreme law of the land on July 28, 1868, when it was ratified by 28 of the 37 states.
The Fourteenth Amendment extended rights to formerly enslaved people. This was achieved by granting citizenship to "All persons born or naturalized in the United States," which included formerly enslaved people. This was a direct repudiation of the Supreme Court's 1857 Dred Scott decision, which stated that a Black man, even if born free, could not claim citizenship rights.
The Fourteenth Amendment also guaranteed all citizens "equal protection of the laws." This was intended to prevent state governments from discriminating against Black Americans. The amendment's "equal protection clause" played a key role in many landmark civil rights cases over the years, including Brown v. Board of Education (1954), which prohibited racial segregation in public schools, and Loving v. Virginia (1967), which ended interracial marriage bans.
The amendment also expanded the civil and legal rights of all American citizens by protecting them from infringement by the states and the federal government. This was achieved through the amendment's "privileges or immunities clause," which stated that no state could make or enforce any law that would abridge the privileges or immunities of U.S. citizens.
The Fourteenth Amendment was created as part of a series of amendments to address issues affecting freed slaves following the Civil War. It was one of three amendments passed during the Reconstruction era to abolish slavery and establish civil and legal rights for Black Americans.
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It granted citizenship to all born in the US
The Fourteenth Amendment to the United States Constitution was ratified on July 9, 1868, and it stands as one of the most significant constitutional amendments in American history, particularly regarding civil rights and equality under the law. One of its most important provisions, which has had a profound impact on the country's legal and social landscape, is the Citizenship Clause, which grants citizenship to anyone born in the United States.
The exact wording of the relevant section is: "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 seemingly simple statement had far-reaching implications and helped shape the very definition of American citizenship.
By including this clause, the amendment established the principle of birthright citizenship, which holds that anyone born within the territorial boundaries of the United States is automatically a citizen. This concept is often referred to as 'jus soli', which is Latin for 'right of the soil'. It stands in contrast to 'jus sanguinis', or 'right of blood', where citizenship is determined by the nationality of one's parents.
The inclusion of this clause was a direct response to the issues surrounding citizenship that arose during and after the Civil War, particularly regarding the status of former slaves and their children. The Fourteenth Amendment was designed to ensure that all people born in the country, regardless of race or the status of their parents, were guaranteed citizenship and the legal protections that came with it.
The impact of this provision has been felt throughout American history, shaping debates and policies on immigration, birthright tourism, and the rights of children born to undocumented immigrants. While there have been calls to reinterpret or even repeal this section of the amendment, it remains a cornerstone of constitutional law and a defining feature of American citizenship.
In conclusion, the Fourteenth Amendment's guarantee of citizenship to all born in the US has had a profound and lasting impact on the nation's understanding of who is a citizen and what rights they inherently possess. It stands as a testament to the country's commitment to equality and the rule of law, continuing to shape legal debates and societal norms more than a century and a half after its ratification.
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It was one of the Reconstruction Amendments
The 14th Amendment to the US Constitution was added in 1868, during the Reconstruction Era following the American Civil War. This era, from 1865 to 1877, saw a significant transformation in the country as it sought to rebuild and reunify while also addressing the long-standing issues of slavery and the rights of former slaves. The 13th, 14th, and 15th Amendments, known collectively as the Reconstruction Amendments, were a pivotal part of this process, and they remain fundamental to American civil rights and constitutional law.
The 14th Amendment was a direct response to the issues of citizenship and civil rights for African Americans, particularly the recently freed slaves. The amendment's primary purpose was to grant citizenship and ensure equal protection under the law for all persons born or naturalized in the United States. Section 1 of the amendment famously 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 established a clear definition of citizenship that overrode the Dred Scott decision of 1857, which had ruled that people of African descent could never be citizens.
As one of the Reconstruction Amendments, the 14th Amendment played a critical role in reshaping the relationship between the federal government and the states regarding individual rights. It expanded the federal government's power to protect individual liberties and limited the actions of state governments in this regard. For example, Section 5 of the amendment gives Congress the power to enforce the amendment's provisions through appropriate legislation, while Section 2 addresses the apportionment of representatives based on the whole number of persons in each state, including those previously enslaved.
The amendment also addressed the issue of post-war debt and the controversy over whether the Confederate war debt should be included in the population-based calculations. Section 4 of the amendment specifies that the validity of the public debt of the United States, authorized by law, "shall not be questioned." This provision was included to ensure the stability of the country's credit and to prevent any future attempts to deny the legitimacy of the war debt incurred during the Civil War.
The addition of the 14th Amendment was a significant milestone in the Reconstruction process, and its impact continues to be felt today. It laid the foundation for a more inclusive and just society, guaranteeing the rights and freedoms of all citizens, regardless of race or previous condition of servitude. The amendment's legacy is evident in the many legal challenges and civil rights victories that have relied on its provisions to ensure equal protection and due process for all Americans.
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It was part of the Civil Rights Act of 1866 and later civil rights cases
The 14th Amendment to the U.S. 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, guaranteeing equal civil and legal rights to Black citizens.
The 14th Amendment was proposed as a joint resolution by the House on June 16, 1866, and submitted to the states. It was part of a broader Reconstruction program following the Civil War, which aimed to secure the rights of Black citizens.
The 14th Amendment has a significant relationship with the Civil Rights Act of 1866. This Act, passed before the 14th Amendment, protected the rights associated with due process, and only applied to citizens of the United States. John Bingham, the drafter of Section One of the 14th Amendment, believed that Congress lacked the power to enforce the Due Process Clause of the Fifth Amendment, so he proposed an amendment that protected every person's right to due process.
Following the ratification of the 14th Amendment, Congress repassed the Civil Rights Act, this time extending its protections to "all persons." This version of the Act is linked to the Due Process Clause, and the rights of all persons, rather than just citizens. This sheds light on the original meaning of Section One of the 14th Amendment, and the intentions of Bingham and Senator Jacob Howard, who introduced the amendment.
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Frequently asked questions
The 14th Amendment was proposed on June 16, 1866.
The 14th Amendment was ratified on July 9, 1868.
The 14th Amendment was passed to extend liberties and rights to formerly enslaved people, guaranteeing equal protection under the law.
The 14th Amendment became the basis for many landmark Supreme Court decisions, such as Brown v. Board of Education (1954) and Loving v. Virginia (1967). It also led to the passage of other landmark legislation like the Civil Rights Act of 1964.
