Jonah Patel
The Fourteenth Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended the liberties and rights granted by the Bill of Rights to formerly enslaved people. The amendment includes the Due Process Clause, which requires that the government follows certain procedures before depriving an individual of life, liberty, or property. This clause has been interpreted to include three categories of rights: procedural due process, the individual rights listed in the Bill of Rights (incorporated against the states), and substantive due process. The Fourteenth Amendment also includes a provision stating that no state shall deprive any person of life, liberty, or property without due process of law, nor deny them the equal protection of the laws. This amendment ensures federal protection of individual rights against state governments and applies to both federal and state governments.
| Characteristics | Values |
|---|---|
| Amendment Number | Fourteenth Amendment |
| Date of Ratification | July 9, 1868 |
| Purpose | To extend liberties and rights granted by the Bill of Rights to formerly enslaved people |
| Scope | Federal and State Governments |
| Rights Protected | Procedural Due Process, Individual Rights, and Substantive Due Process |
| Key Provisions | No deprivation of life, liberty, or property without due process; equal protection of laws |
| Section 3 | Restrictions on holding office for those who engaged in insurrection or rebellion against the United States |
| Section 4 | Validity of public debt of the United States and non-assumption of debt incurred in aid of insurrection |
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What You'll Learn
The Fourteenth Amendment Due Process Clause
The Fourteenth Amendment to the U.S. Constitution, 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 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 clause guarantees "due process of law" before the government may deprive someone of "life, liberty, or property." In other words, the government must follow the law and certain procedures before depriving a person of these protected interests. This is known as procedural due process.
The Due Process Clause of the Fourteenth Amendment has been interpreted by the Supreme Court to provide protections similar to those of the Fifth Amendment's Due Process Clause, but while the Fifth Amendment applies to federal government actions, the Fourteenth Amendment binds the states. This is known as the incorporation of the Bill of Rights against the states.
In addition to procedural due process, the Fourteenth Amendment's Due Process Clause has also been construed by the Court 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. These unenumerated rights are not listed in the Constitution but are protected because they are considered so important that they cannot be infringed without a compelling reason.
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Procedural Due Process
The 14th Amendment to the U.S. Constitution, ratified in 1868, 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 extended the rights granted by the Bill of Rights to formerly enslaved people. The Due Process Clause of the 14th Amendment provides that no state shall deprive any person of life, liberty, or property without due process of law.
The courts use different tests to determine whether the government has met the requirements for due process in criminal and civil cases. In criminal procedures, the court looks at whether the procedure adopted by the government is offensive to the notion of fundamental fairness. On the other hand, in civil contexts, the courts balance private interests, the government's public interest, and the risk of erroneous deprivation of private interest.
The Due Process Clause of the 14th Amendment imposes the same procedural due process limitations on the states as the Fifth Amendment does on the federal government. This means that both state and federal governments must provide certain procedural protections before depriving a person of life, liberty, or property.
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Substantive Due Process
The Fifth and Fourteenth Amendments of the U.S. Constitution protect citizens' fundamental rights from government interference. The Fifth Amendment applies to federal action, and the Fourteenth Amendment applies to state action.
The Supreme Court's first significant interpretation of substantive due process came during the Lochner Era in 1905, when it ruled that a New York law regulating the working hours of bakers was unconstitutional, citing the right to work in an ordinary job as a fundamental freedom. The Court's interpretation during this era was largely abandoned by 1937, as it was often used to strike down minimum wage and labour laws to protect freedom of contract.
In more recent times, the Supreme Court has interpreted substantive due process to include fundamental rights such as the right to privacy, the right to marry, and the right to raise one's children. These rights are viewed in light of evolving social norms, and the Court has the authority to enforce them even if they are not explicitly stated in the Constitution.
Critics of substantive due process argue that such decisions should be left to more politically accountable branches of the government. However, the concept remains a crucial safeguard against majoritarian policy enactments that exceed the limits of governmental authority.
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Individual rights listed in the Bill of Rights
The first ten amendments to the US Constitution are collectively known as the Bill of Rights. These amendments guarantee specific freedoms and rights, including some of the most basic freedoms and rights that we think of today in the United States.
The First Amendment establishes a range of political and civil rights, including freedom of speech, assembly, press, and religion. The Second Amendment, which is perhaps more controversial, grants people the right to keep and bear arms. The Third Amendment restricts the housing of soldiers in private homes, while the Fourth Amendment protects citizens from unreasonable searches and seizures. The Fifth Amendment provides several protections for those accused of crimes, including the right against self-incrimination and protection from double jeopardy. The Sixth Amendment offers additional protections for the accused, such as the right to a speedy and public trial and the right to an impartial jury. The Seventh Amendment extends the right to a jury trial to federal civil cases.
The Eighth Amendment prohibits excessive bail and fines, as well as cruel and unusual punishment. The Ninth Amendment clarifies that the listing of specific rights in the Constitution does not negate other rights not explicitly mentioned. Finally, the Tenth Amendment states that the federal government only has the powers delegated to it by the Constitution, and any remaining powers are reserved for the states or the people.
The Fourteenth Amendment, passed in 1868, further expanded the reach of the Bill of Rights by guaranteeing that no state could deprive its citizens of the protections outlined therein. This amendment extended these liberties and rights to formerly enslaved people, ensuring that all citizens were afforded equal protection under the law.
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Tenth Amendment and federal power
The Tenth Amendment to the United States Constitution concerns the power dynamic between the federal and state governments. It was ratified by the states in 1791 as part of the Bill of Rights. The amendment specifies that any power not explicitly granted to the federal government is delegated to the state governments. In other words, the federal government only holds the powers specifically listed in the Constitution.
The text of the Tenth Amendment is as follows: "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 reinforces the principles of federalism and ensures that the federal government maintains limited, enumerated powers. It clarifies that the Bill of Rights does not enumerate all possible rights of the people, but it does enumerate all the powers of the federal government.
Thomas Burke, a supporter of states' rights in the Continental Congress, originally proposed the text of the amendment to ensure clarity regarding the differences in state and federal power. Other Founding Fathers, including James Wilson and John Dickinson, disagreed with this amendment. The Tenth Amendment has been interpreted by states and local governments as a basis for claiming exemption from certain federal regulations, particularly in the areas of labour and environmental controls.
The Ninth and Tenth Amendments are unique in that they do not grant constitutional rights but instead act as rules for interpreting the Constitution. The Tenth Amendment's language implies that the powers granted to the federal government by the Constitution are exhaustive, and any unenumerated powers are reserved for the states. This amendment provides a balance between the powers of the federal government and state sovereignty.
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Frequently asked questions
The Fourteenth Amendment to the U.S. Constitution, passed in 1866 and ratified in 1868, provides federal protection of individual rights against the states.
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."
The Due Process Clause of the Fourteenth Amendment requires that the government follows certain procedures before depriving an individual of life, liberty, or property. These procedures include, at a minimum, notice, an opportunity to be heard, and an impartial tribunal.
The Establishment Clause of the First Amendment prohibits Congress from establishing a federal religion and from interfering in state religions.
The Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation or enforce federal law. The Ninth Amendment acknowledges that the Constitution cannot enumerate every single right and, therefore, provides a basis for finding unenumerated rights in the Constitution.
