Jonah Patel
The 14th Amendment to the U.S. Constitution, passed by Congress in 1866 and ratified in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The amendment also prohibits states from depriving individuals of life, liberty, or property, without due process of law and guarantees equal protection under the law. While the Supreme Court initially ruled that the amendment did not extend the Bill of Rights to the states, subsequent interpretations have led to the incorporation of most rights against the states, with exceptions like the Third Amendment's restriction on quartering soldiers and the Fifth Amendment's right to a grand jury trial.
| Characteristics | Values |
|---|---|
| Date passed by Congress | June 13, 1866 |
| Date ratified | July 9, 1868 |
| Prohibits states from | Depriving any person of life, liberty, or property, without due process of law |
| Extends rights to | Formerly enslaved people |
| Extends rights granted by | The Bill of Rights |
| Other provisions | The right to due process of law and equal protection of the law now applied to both federal and state governments |
| No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who has engaged in insurrection or rebellion | |
| Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed |
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What You'll Learn
The Fourteenth Amendment extended liberties and rights to formerly enslaved people
The Fourteenth Amendment to the U.S. Constitution, passed in 1868, was a significant step forward in extending liberties and rights to formerly enslaved people. This amendment was proposed in the aftermath of the Civil War, during a period known as Reconstruction, with the aim of guaranteeing equal civil and legal rights to all citizens, particularly those who had been previously marginalised.
One of the key provisions of the Fourteenth Amendment was the establishment of birthright citizenship, declaring 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 directly addressed the ambiguity surrounding the status of African Americans, who, despite considering themselves citizens, had been denied full citizenship rights prior to the amendment. By granting citizenship to "formerly enslaved people", the Fourteenth Amendment laid the foundation for their legal and civil rights.
The Fourteenth Amendment also included a crucial statement protecting the rights of citizens: "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." This clause, known as the Due Process Clause, prohibited states from arbitrarily depriving individuals of their fundamental rights. It ensured that all citizens, including those who were previously enslaved, had the right to fair treatment by the judicial system and equal protection under the law.
Additionally, the Fourteenth Amendment revoked the Black Codes, which were laws enacted by southern states after the Civil War to restrict the civil rights of newly freed African Americans. By declaring that states could not pass laws that denied citizens their constitutional rights and freedoms, the amendment ensured that all citizens, regardless of race, could legally claim the same rights and protections. This marked a significant shift in power between the states and the federal government, as civil rights were now protected at the federal level.
However, it is important to note that despite the intentions of the Fourteenth Amendment, it did not immediately succeed in protecting the rights of Black citizens. The Supreme Court ruled that the amendment did not extend the Bill of Rights to the states, and the emergence of "Jim Crow" laws in the South further perpetuated racial discrimination and segregation. Nonetheless, the Fourteenth Amendment laid the groundwork for ongoing struggles and legal battles to secure the rights and liberties of formerly enslaved people and their descendants.
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The Due Process Clause of the Fourteenth Amendment
The Fourteenth Amendment, 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 similar to the Fifth Amendment's Due Process Clause, but while the Fifth Amendment applies to federal government actions, the Fourteenth Amendment binds the states.
The Supreme Court has applied the Due Process Clause in two main contexts. Firstly, it provides protections similar to those of the Fifth Amendment's Due Process Clause, as mentioned above. Secondly, the Court has construed the Clause to protect substantive due process, holding that there are certain fundamental rights that the government may not infringe upon, even if it provides procedural protections.
The Due Process Clause has been interpreted to impose on the states many of the Bill of Rights' limitations, a doctrine sometimes called "incorporation against the states." This has led to a celebrated debate between two factions of the Supreme Court: one side believes that all rights should be incorporated wholesale, while the other believes that only certain rights can be asserted against the states.
The Due Process Clause has formed the basis for many high-profile Supreme Court cases, including West Virginia State Board of Education v. Barnette (1943), Gideon v. Wainwright (1963), Griswold v. Connecticut (1965), and McDonald v. Chicago (2010).
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The Fourteenth Amendment and the Establishment Clause
The Fourteenth Amendment to the US Constitution, passed in 1868, was a significant development in extending federal constitutional rights to the state level. One of the critical provisions of this amendment is the Due Process Clause, which states that no state shall deprive any person of "life, liberty, or property" without due process of law. This clause mirrors the Due Process Clause of the Fifth Amendment, which applies solely to the federal government.
The Fourteenth Amendment's Due Process Clause has been interpreted to incorporate the protections of the Bill of Rights against state governments, ensuring that individual liberties are respected at both the federal and state levels. This interpretation, known as the Incorporation Doctrine, has been broadly applied, with almost all rights in the Bill of Rights being incorporated against the states.
Now, coming to the Establishment Clause, it is part of the First Amendment to the US Constitution and serves as a cornerstone for religious freedom in the country. The Establishment Clause prohibits the federal government and, by later extension, state and territorial governments, from establishing an official religion or sponsoring religious activities. It ensures the separation of church and state, preventing religious establishments from influencing government decision-making and safeguarding citizens' religious liberty.
The relationship between the Fourteenth Amendment and the Establishment Clause is complex. While the Fourteenth Amendment's Due Process Clause has been used to incorporate various rights from the Bill of Rights against the states, the inclusion of the Establishment Clause has been more contentious. Some scholars and judges argue that applying the Establishment Clause to the states through the Fourteenth Amendment doesn't make sense because it was initially intended to prevent Congress from interfering with existing state establishments of religion.
Despite this controversy, the Supreme Court has incorporated the Establishment Clause against the states. This incorporation reinforces the religious liberty secured by the Free Exercise Clause, which prohibits government interference in religious belief and practice. The Establishment Clause, in conjunction with the Free Exercise Clause, provides a robust framework for protecting religious freedom and ensuring that government remains neutral in religious matters.
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The Fourteenth Amendment and the Free Exercise Clause
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The Fourteenth Amendment states that "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." This amendment ensured that the right to due process of law and equal protection of the law applied to both federal and state governments.
The Fourteenth Amendment also played a significant role in incorporating the Bill of Rights against the states, applying its provisions to state governments as well as the federal government. This included the incorporation of the First Amendment's Religion Clauses, which consist of the Free Exercise Clause and the Establishment Clause.
The Free Exercise Clause, commonly associated with freedom of religion, prohibits Congress from making any law that prohibits the free exercise of religion. This clause reserves the right of individuals to practice and engage in religious beliefs and rituals of their choice, as long as they do not violate 'public morals' or conflict with a 'compelling' governmental interest.
The Supreme Court's Free Exercise jurisprudence was significantly shaped by the 1940 Cantwell v. Connecticut case. This case established that the Free Exercise Clause applied to the states through the Fourteenth Amendment. Similarly, the Hamilton v. Regents of the Univ. of Cal. case in 1934 held that the 'liberty' protected by the Fourteenth Amendment's due process clause includes the right to hold and teach certain religious beliefs.
While the Free Exercise Clause protects religious freedom, it is not absolute. The Supreme Court has considered whether government policies have a coercive effect on religious exercise. For instance, in Bd. of Educ. v. Allen, the Court rejected a free exercise challenge to a textbook lending program as it did not coerce individuals in their religious practice. Additionally, in Tilton v. Richardson, the Court rejected a challenge to a federal grant program for constructing academic facilities as the challengers could not identify any coercion directed at their religious beliefs.
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The Fourteenth Amendment and voting rights
The Fourteenth Amendment, 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, giving them citizenship and the right to vote. The Fourteenth Amendment contains the equal protection clause, which establishes that all citizens should be treated equally under the law. This clause has been used to challenge discriminatory election laws and gerrymandering that dilute and weaken the voting power of minorities, particularly Black citizens.
The Fourteenth Amendment's due process clause prohibits states from depriving "any person of life, liberty, or property, without due process of law." This clause has been interpreted to include procedural protections, individual rights listed in the Bill of Rights, and fundamental rights not specifically enumerated in the Constitution, such as the right to marry, the right to use contraception, and the right to abortion.
While the Fourteenth Amendment was intended to protect the rights of citizens, including voting rights, it initially failed to extend the Bill of Rights to the states and did not succeed in protecting the rights of Black citizens. It was only through the determined struggle of citizens, legislation enacted by Congress, and executive branch efforts that the promise of the Fourteenth Amendment began to be realized in the 20th century.
The Supreme Court has interpreted the Fourteenth Amendment's equal protection clause in the context of voting rights, particularly in relation to redistricting. The Court has held that electoral districts within a redistricting map must contain an approximately equal number of people, and that under certain circumstances, the creation of majority-minority districts may be necessary to prevent the denial or abridgement of the right to vote based on race, color, or membership in a language minority.
The Fourteenth Amendment has been central to legal challenges against discriminatory election practices and has helped shape voting rights in the United States, ensuring that all citizens are treated equally under the law when exercising their right to vote.
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Frequently asked questions
The 14th Amendment, 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 14th Amendment included the Due Process Clause, which prohibited states from depriving "any person of life, liberty, or property, without due process of law". It also ensured equal protection under the law, applying to both federal and state governments.
The 14th Amendment was significant as it extended fundamental rights and protections to formerly enslaved people, ensuring their freedom and legal equality. It also established the principle of due process and equal protection under the law at the state level.
The 14th Amendment has been interpreted to incorporate many of the rights outlined in the Bill of Rights against the states. This means that certain provisions of the Bill of Rights, such as freedom of speech, freedom of religion, and the right to bear arms, now apply to state governments as well as the federal government. However, there are still debates about the exact extent of this incorporation.
