Eleanor Finch
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. It was intended to guarantee equal civil and legal rights to Black citizens and grant citizenship to All persons born or naturalized in the United States. The Tenth Amendment, on the other hand, specifies that any powers not explicitly given to the federal government or withheld from the states are reserved for the states or the people. This amendment clarifies the limited nature of the federal government and has been invoked in several Supreme Court decisions to determine if the federal government has overstepped its authority.
| Characteristics | Values |
|---|---|
| Name | Tenth Amendment |
| Date passed by Congress | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Original text | “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” |
| Interpretation | The federal government is largely limited and enumerated, and that a government decision is not to be investigated as a potential infringement of civil liberties, but rather as an overreach of its power and authority. |
| Landmark cases | Cooper v. Aaron, United States v. Alfonso D. Lopez, Jr., Brown v. Board of Education of Topeka |
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What You'll Learn
The 14th Amendment's impact on citizenship
The Fourteenth Amendment 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 Fourteenth Amendment was a response to issues affecting freed slaves following the Civil War, and its enactment was bitterly contested.
The Fourteenth Amendment's first section includes the Citizenship Clause, which broadly defines citizenship. It states that "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." This provision overruled the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens. The Citizenship Clause was also meant to repudiate the American Colonization Society's repatriation of freeborn people of colour and emancipated slaves to Africa.
The Fourteenth Amendment has been interpreted to exclude from birthright citizenship those born in the United States but not "subject to the jurisdiction thereof." For example, children born to parents who are not US citizens or lawful permanent residents may not automatically be granted citizenship. The amendment also specifies that representatives shall be apportioned among the states according to their respective numbers, counting all persons except untaxed Indigenous people.
The Fourteenth Amendment has had a significant impact on landmark Supreme Court cases, including Brown v. Board of Education (1954), which prohibited racial segregation in public schools, and Loving v. Virginia (1967), which ended interracial marriage bans. It has also been invoked in cases involving reproductive rights, election recounts, and gender discrimination.
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The 10th Amendment's limits on federal government
The Tenth Amendment to the United States Constitution, ratified on December 15, 1791, explicitly limits the powers of the federal government to those specifically enumerated in the Constitution. The text of the amendment states:
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
This amendment reaffirms the principles of federalism, which refers to the division of power between the federal and state governments. It protects states' rights by restricting the federal government's ability to regulate or compel state governments to adopt policies or enforce federal laws. The Tenth Amendment clarifies that the federal government is limited in scope to the powers expressly delegated to it, and any powers not specifically granted to the federal government are reserved for the states or the people.
The Tenth Amendment has been invoked in several Supreme Court decisions to determine whether the federal government has overstepped its authority. For example, in United States v. Lopez (1995), the Supreme Court struck down a federal law creating "gun-free zones" on public school campuses, as there was no constitutional clause authorising the federal law. Similarly, in Gonzales v. Raich (2005), the Supreme Court ruled that the federal government could enforce the Controlled Substances Act, prohibiting cannabis, even in states where medical cannabis was legal under state law. The Court reasoned that growing one's own cannabis affects the interstate market, thus falling within the federal government's authority.
The Tenth Amendment also played a role in United States v. Sprague (1932), where the Supreme Court asserted that the amendment "added nothing to the [Constitution] as originally ratified." This decision declared that the amendment is a truism, stating that the federal government does not possess any rights or powers that are not explicitly granted to it.
In conclusion, the Tenth Amendment serves as a crucial safeguard against federal overreach, ensuring that the federal government remains limited in its powers and that states retain their autonomy in matters not specifically delegated to the federal government.
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The 14th Amendment's legacy in Reconstruction
The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was a critical component of the Reconstruction Amendments, which also included the 13th and 15th Amendments. These amendments were proposed and ratified in the years following the Civil War, with the 14th Amendment specifically addressing the issue of citizenship rights and equal protection under the law for all persons.
The 14th Amendment extended the liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing their freedom and granting them citizenship. The amendment's key provision granted citizenship to "all persons born or naturalized in the United States," thereby ensuring that formerly enslaved people were recognised as citizens with equal rights. This amendment also established the right to due process and equal protection under the law, prohibiting any state from depriving individuals of life, liberty, or property without due process and ensuring equal protection of the laws for all citizens.
The Reconstruction Amendments, including the 14th Amendment, had a profound impact on the Reconstruction era and the country's future trajectory. They represented a significant shift in American democracy, challenging centuries of entrenched social norms and policies that had disenfranchised and dehumanised African Americans. The 14th Amendment, in particular, provided the legal framework for the full inclusion of African Americans as citizens with equal rights and protections under the law.
However, the legacy of the 14th Amendment and the Reconstruction Amendments is complex. While they laid the foundation for equality and justice, their promises were not immediately or fully realised. State laws, such as the Black Codes, and federal court decisions, such as the Slaughter-House Cases and Plessy v. Ferguson, undermined the amendments and limited the rights of African Americans. It was not until the mid-20th century, with Supreme Court decisions like Brown v. Board of Education and legislation like the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of the Reconstruction Amendments were enforced and their legacy more fully realised.
Today, the Reconstruction Amendments continue to shape discussions around civil rights and social justice. They provide the legal basis for challenging discrimination and promoting equality, serving as a reminder of the nation's ongoing struggle to fulfil the promise of equality and justice for all.
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The 14th Amendment and reproductive rights
The 14th Amendment to the US Constitution addresses citizenship rights and privileges, and it has been central to many landmark cases, including Roe v. Wade, which concerned reproductive rights. The 14th Amendment guarantees that no state can make or enforce any law that abridges the privileges or immunities of US citizens. It also states that no person can be deprived of life, liberty, or property without due process, and that all citizens are entitled to equal protection under the law.
The 14th Amendment's guarantee against state deprivation of liberty, including the right to privacy and to control one's body, is a core pillar of reproductive autonomy. The Supreme Court's Roe v. Wade decision recognised the constitutional importance of decisions about childbearing, grounding reproductive rights in the federal constitutional rights of privacy and liberty. The right to reproductive autonomy is deeply rooted in the US Constitution and goes beyond the right to abortion.
The 14th Amendment's Liberty Clause has been interpreted by the Supreme Court as protecting an individual's decisions about whether and when to have children. This interpretation is based on the textual protection for liberty in the Constitution, which includes the right to make personal decisions about family, marriage, and childrearing. The right to reproductive autonomy is also grounded in international human rights, which promote and protect the dignity and equality of all people.
Courts must ensure that people do not lose their legal rights when they become pregnant or may become pregnant and must be able to make decisions related to pregnancy and childbearing without government coercion. While the 14th Amendment's guarantee of liberty is a crucial pillar of reproductive autonomy, it should not be the only one. Multiple legal rights establish that government restrictions on reproductive autonomy constitute sex, race, and economic discrimination, and that such restrictions can deny people their recognised legal rights.
Reproductive autonomy is central to how people shape their lives, and governments must respect and protect those rights. However, the history of reproductive oppression and modern-day realities in the US demonstrate the devastating consequences when the government fails to protect reproductive autonomy. To strengthen reproductive rights, it is essential to draw on comparative law, scholarship in constitutional and human rights law, and the work of reproductive justice advocates.
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The 10th Amendment and civil liberties
The Tenth Amendment to the United States Constitution, which was passed by Congress on September 25, 1789, and ratified on December 15, 1791, is a key component of the Bill of Rights, guaranteeing civil liberties and reserving powers to the states or to the people. The amendment states that any powers not explicitly granted to the federal government by the Constitution are retained by the states or the people. In other words, it emphasizes federalism and limited government, ensuring that the federal government's powers are enumerated and restricted to those outlined in the Constitution.
The Tenth Amendment serves as a safeguard against federal overreach and potential infringements on individual liberties. It clarifies that the federal government's authority is confined to the powers specifically delegated to it, while the states retain all other powers. This amendment was a response to concerns about the scope of federal power during the ratification of the Constitution, with some arguing that a bill of rights was necessary to protect against government intrusion on individual freedoms.
The amendment has been invoked in several Supreme Court decisions to determine whether the federal government has overstepped its constitutional boundaries. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the Tenth Amendment was used to limit the federal government's authority to establish "gun-free zones" on school campuses, as it was not explicitly authorized by the Constitution. Similarly, in Cooper v. Aaron (1958), the amendment was implicitly referenced when the Court affirmed that Arkansas could not delay school desegregation, as it would violate the Constitution's protections against racial discrimination.
The Tenth Amendment also played a role in the Nullification Crisis of the 19th century, where several states attempted to nullify federal laws or Supreme Court decisions they deemed unconstitutional. While these efforts were ultimately struck down, they highlighted the ongoing tension between federal authority and state sovereignty.
In summary, the Tenth Amendment to the Constitution is a critical safeguard for civil liberties, ensuring that the federal government's powers are limited and that states retain the authority over all other areas not specifically delegated to the federal government. It reinforces the principles of federalism and protects against potential government overreach, shaping the interpretation and application of constitutional law in the United States.
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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 was passed following the Civil War to guarantee equal civil and legal rights to Black citizens. It granted citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people.
The phrase "equal protection of the laws" is the most commonly used and frequently litigated phrase in the 14th Amendment. It has been prominent in landmark cases such as Brown v. Board of Education (racial discrimination) and Roe v. Wade (reproductive rights).
The Tenth Amendment, ratified on December 15, 1791, clarifies that any powers not specifically given to the federal government are reserved for the states or the people. It emphasizes the limited scope of the federal government and has been invoked in Supreme Court decisions to determine if the federal government has overstepped its authority.
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