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The Fourteenth Amendment (Amendment XIV) to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is considered one of the most consequential amendments. The amendment addresses citizenship rights and equal protection under the law at all levels of government, guaranteeing that all persons born or naturalized in the United States are citizens and are entitled to equal protection under the law. It was a response to issues affecting freed slaves following the American Civil War and has been central to landmark Supreme Court decisions, including Brown v. Board of Education, Roe v. Wade, and Loving v. Virginia.
| Characteristics | Values |
|---|---|
| Date proposed | June 16, 1866 |
| Date passed by Congress | June 13, 1866 |
| Date ratified | July 9, 1868 |
| Number of states that ratified | 28 of 37 |
| Date declared ratified | July 28, 1868 |
| Primary author | Congressman John A. Bingham of Ohio |
| Main purpose | To extend liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Other purposes | To address citizenship rights and equal protection under the law at all levels of government; to grant citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people; to prevent the enforcement of southern states' Black Codes; to require former Confederate states to ratify the amendment as a condition of regaining federal representation |
| Commonly litigated phrases | "Equal protection of the laws"; "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States"; "Nor shall any state deprive any person of life, liberty, or property, without due process of law" |
| 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) |
| Subsequent related legislation | Civil Rights Act of 1964; Voting Rights Act of 1965 |
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What You'll Learn
The Fourteenth Amendment's impact on the Bill of Rights
The Fourteenth Amendment (Amendment XIV) to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was one of the Reconstruction Amendments following the Civil War. It aimed to guarantee equal civil and legal rights to Black citizens and extend liberties and rights granted by the Bill of Rights to formerly enslaved people.
The Fourteenth Amendment had a significant impact on the Bill of Rights by extending its protections to the states. Before the Fourteenth Amendment, the Supreme Court ruled in Barron v. Baltimore (1833) that the Bill of Rights only restrained the federal government. However, with the adoption of the Fourteenth Amendment, the Bill of Rights was effectively nationalized and made binding upon the states. This was intentionally done by Congressman John A. Bingham of Ohio, the primary author of the first section of the amendment, and supported by Senator Jacob Howard of Michigan, who stated that the privileges and immunities clause would extend to the states "the personal rights guaranteed and secured by the first eight amendments."
The Fourteenth Amendment also played a crucial role in applying the Bill of Rights to individuals, not just states. The Due Process Clause of the Fourteenth Amendment explicitly applies the Fifth Amendment's similar clause to state governments, ensuring that individuals' rights to due process are protected at both the federal and state levels. This interpretation was further solidified in subsequent Supreme Court cases, such as Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (1897) and Bolling v. Sharpe (1954).
Additionally, the Fourteenth Amendment's Equal Protection Clause constitutionalized the anti-discrimination principles of the Civil Rights Act of 1866 and prevented the enforcement of southern states' Black Codes. This clause has been used by the Supreme Court to prohibit racial segregation in public schools (Brown v. Board of Education, 1954) and interracial marriage bans (Loving v. Virginia, 1967), among other landmark decisions.
Despite the intentions of Congressman Bingham and Senator Howard, there was disagreement over the extent to which their views were shared at the time, and the Supreme Court initially ruled that the Fourteenth Amendment did not extend the Bill of Rights to the states. It also failed to adequately protect the rights of Black citizens during the Reconstruction era. Nevertheless, the Fourteenth Amendment laid the foundation for significant changes in the 20th century, as citizens petitioned, initiated court cases, and advocated for the full realization of their rights.
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Birthright citizenship
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments following the Civil War. It addresses citizenship rights and equal protection under the law at all levels of government.
The Citizenship Clause of the Fourteenth 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 constitutionalized the Civil Rights Act of 1866's grant of citizenship to all born within the United States, except for children of foreign diplomats. The Fourteenth Amendment, therefore, guarantees birthright citizenship in the United States.
The Fourteenth Amendment's guarantee of birthright citizenship has been confirmed by Supreme Court cases such as United States v. Wong Kim Ark (1898), which clarified that children born in the US to immigrant parents are citizens, regardless of their parents' immigration status. However, the amendment has never been interpreted to extend citizenship universally to everyone born in the US. It excludes those who are not "subject to the jurisdiction" of the US, such as children of foreign diplomats or alien enemies in hostile occupation.
The interpretation and enforcement of birthright citizenship have been the subject of ongoing debate and litigation. For example, in 2025, the Supreme Court limited judges' ability to block unlawful policies in the CASA v. Trump case, potentially opening the door for conflicting rules on who is guaranteed birthright citizenship. In another case, a federal court in Utah ordered the US government to extend birthright citizenship to people born in American Samoa, citing the mandate of the Fourteenth Amendment.
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Landmark Supreme Court cases
The Fourteenth Amendment 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 has been the basis for several landmark Supreme Court decisions, including:
Plessy v. Ferguson (1896)
The Louisiana legislature passed a law requiring black and white residents to use separate train cars, despite being equal in terms of facilities. Homer Adolph Plessy, who was seven-eighths Caucasian, defied the law and was arrested. He argued that the Louisiana statute violated the 13th and 14th Amendments by treating black Americans as inferior to whites. The Supreme Court ruled that as long as the facilities were equal, their separation satisfied the 14th Amendment.
Lochner v. New York (1905)
A baker from New York, Lochner, was convicted of violating the New York Bakeshop Act, which prohibited bakers from working more than 10 hours a day and 60 hours a week. The Supreme Court struck down the conviction, ruling that the Act infringed on Lochner's "right to contract" under the Due Process Clause of the 14th Amendment.
Gitlow v. New York (1925)
Benjamin Gitlow, a socialist, printed an article advocating for the forceful overthrow of the government and was arrested under New York state law. Gitlow argued that the First Amendment guaranteed freedom of speech and the press. The Supreme Court ruled that the First Amendment applied to New York through the Due Process Clause of the 14th Amendment, but Gitlow's speech was not protected under the First Amendment as it posed a "clear and present danger".
Brown v. Board of Education (1954)
Following the Plessy v. Ferguson decision, segregation in public schools based solely on race was allowed by states if the facilities were "equal". In this case, the Supreme Court ruled that "separate is inherently unequal" and violated the 14th Amendment's Equal Protection Clause. This decision prohibited racial segregation in public schools.
Loving v. Virginia (1967)
This case ended interracial marriage bans, further affirming the 14th Amendment's equal protection clause.
Roe v. Wade (1973)
This case recognised federal...
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The Reconstruction Amendments
The 13th Amendment, proposed in 1864 and ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. This marked a significant shift in the Constitution, which had previously been primarily focused on federal-state relations and property rights.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It formally defines US citizenship, granting it to "all persons born or naturalized in the United States," thereby extending it to formerly enslaved people. It also requires due process of law and prohibits states from depriving any person of life, liberty, or property without it. Additionally, it played a crucial role in countering the discriminatory Black Codes of southern states.
The 15th Amendment, proposed in 1869 and ratified in 1870, completes the trio of Reconstruction Amendments. It prohibits federal and state governments from denying any citizen the right to vote based on "race, color, or previous condition of servitude." This amendment was a response to voting restrictions that had emerged by 1869, which limited suffrage to white men.
While these amendments were important milestones in the struggle for equal rights, their promises were eroded by state laws and federal court decisions in the late 19th century. It wasn't until the mid-20th century, with landmark Supreme Court decisions like Brown v. Board of Education in 1954, along with legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of the Reconstruction Amendments were realized.
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The Fifteenth Amendment's impact on the Fourteenth
The Fifteenth Amendment, which was added to the Constitution in 1870, had a significant impact on the interpretation and enforcement of the Fourteenth Amendment. Both amendments were part of the Reconstruction Amendments enacted after the Civil War to guarantee the rights and freedoms of formerly enslaved people.
The Fourteenth Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law. It granted citizenship to all people born in the United States, including former slaves, and barred states from denying "equal protection of the laws." The Fourteenth Amendment implicitly protected the right to vote and formed the basis for landmark Supreme Court decisions, such as Roe v. Wade and Bush v. Gore.
The Fifteenth Amendment explicitly prohibits the denial of the right to vote based on race, colour, or previous condition of servitude. It was proposed in 1869 and ratified in 1870 as the final Reconstruction Amendment. While the Fourteenth Amendment laid the groundwork for voting rights, the Fifteenth Amendment provided further protection by explicitly addressing racial discrimination in voting. This amendment ensured the enfranchisement of African Americans, guaranteeing their right to political equality.
The impact of the Fifteenth Amendment on the Fourteenth can be seen in the Supreme Court's decisions to invoke both amendments to strike down discriminatory laws. For example, in Smith v. Allwright (1944), the Court held that rules prohibiting Black citizens from voting in political primary elections in some Southern states were unconstitutional. Additionally, in Gomillion v. Lightfoot (1960), the Court ruled that Tuskegee, Alabama, had violated the Fifteenth Amendment by redrawing the city's boundaries to exclude nearly all Black residents.
Despite the protections afforded by the Fourteenth and Fifteenth Amendments, Southern states found ways to prevent Black people from voting, and it was not until the Voting Rights Act of 1965 that these discriminatory practices were abolished. President Lyndon B. Johnson urged Congress to pass this legislation to uphold the promises of the Fifteenth Amendment and ensure government for and by all the people.
In conclusion, the Fifteenth Amendment strengthened and complemented the Fourteenth Amendment by explicitly prohibiting racial discrimination in voting. Together, these amendments laid the foundation for the protection of voting rights and equal political participation for all citizens, regardless of race. However, it took continued efforts and enforcement over the years to fully realise the promises of these amendments.
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Frequently asked questions
The Fourteenth Amendment (Amendment XIV) to the United States Constitution addresses citizenship rights and equal protection under the law at all levels of government.
The 14th Amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868.
The 14th Amendment was passed in the aftermath of the American Civil War to guarantee equal civil and legal rights to Black citizens and extend liberties and rights to formerly enslaved people.
