Omar Bennett
The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was intended to extend liberties and rights granted by the Bill of Rights to formerly enslaved people and to guarantee equal civil and legal rights to Black citizens. While it did grant citizenship to all persons born or naturalized in the United States, it ultimately failed to extend the Bill of Rights to the states or protect the rights of Black Americans.
| Characteristics | Values |
|---|---|
| Date of proposal | June 16, 1866 |
| Date passed by Congress | June 13, 1866 |
| Date ratified | July 9, 1868 |
| Extended liberties and rights to | Formerly enslaved people |
| Granted citizenship to | "All persons born or naturalized in the United States" |
| Author | Congressman John A. Bingham of Ohio |
| Enforced by | Congress |
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What You'll Learn
- The 14th Amendment extended rights to formerly enslaved people
- The 14th Amendment granted citizenship to all born or naturalized in the US
- The Bill of Rights: 10 Amendments ratified in 1791
- The First Amendment: freedom of speech, press, religion, assembly, and petition
- The 14th Amendment: failed to protect rights of Black citizens
The 14th Amendment extended rights to formerly enslaved people
The 14th Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was a landmark piece of legislation that significantly extended rights and liberties to formerly enslaved people. This amendment was a crucial part of the Reconstruction program following the Civil War, aiming to guarantee equal civil and legal rights to Black citizens across the nation.
One of the key provisions of the 14th Amendment was the establishment of birthright citizenship. It declared 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 meant that formerly enslaved people were now legally recognised as citizens, with the same constitutional rights as any other American citizen. This was a significant shift from the country's founding, where the Constitution, ratified in 1788, infamously counted enslaved people as only three-fifths of a person in state populations.
The 14th Amendment also included important protections for citizens' rights and liberties. It stated 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 provision extended the rights of due process and equal protection of the laws to all individuals, regardless of citizenship status. This meant that formerly enslaved people now had legal recourse and protections that were enforceable against both the federal and state governments.
Despite the significant progress made by the 14th Amendment, it is important to note that it did not immediately or fully resolve the issues of racial inequality and injustice in the United States. For example, following the abolishment of slavery in 1865, southern states enacted Black Codes, which restricted the civil rights of newly freed African Americans and forced them to work for their former enslavers. Additionally, the Supreme Court's interpretations of the 14th Amendment over the years have been subject to criticism for failing to extend the Bill of Rights to the states and adequately protect the rights of Black citizens.
Nevertheless, the 14th Amendment remains a pivotal moment in the history of civil rights in the United States. It laid the legal foundation for challenging discriminatory laws and practices and empowered individuals like Ida B. Wells, the daughter of former slaves, who successfully sued a railroad company for denying her equal accommodations, citing her rights under the law. The 14th Amendment continues to be a powerful tool in the ongoing struggle for equality, liberty, and justice for all Americans.
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The 14th Amendment granted citizenship to all born or naturalized in the US
The Fourteenth Amendment to the US Constitution guarantees citizenship to all persons born or naturalized in the United States and subject to its jurisdiction. This amendment, passed in 1868, was a significant development in the country's history, as it granted birthright citizenship and ensured that all citizens, regardless of their race or background, enjoyed the same privileges and immunities.
The Citizenship Clause of the Fourteenth Amendment 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 provision explicitly repudiated the Supreme Court's ruling in Dred Scott v. Sandford (1857), which infamously excluded people of African descent from citizenship based solely on their race.
However, it is important to note that the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born in the United States. There are specific categories of individuals who are born in the country but are not considered subject to its jurisdiction and, therefore, do not automatically acquire citizenship. For example, children born to diplomatic representatives of foreign states or alien enemies in hostile occupation are excluded from birthright citizenship. Similarly, the amendment does not apply to children of members of Indian tribes subject to tribal laws.
The Fourteenth Amendment also addresses the issue of insurrection and rebellion against the United States. It stipulates that individuals who have taken an oath to support the Constitution and then engage in insurrection or rebellion shall be disqualified from holding specific public offices. However, Congress reserves the right to remove this disability by a two-thirds vote in both Houses.
In conclusion, the Fourteenth Amendment to the US Constitution is a cornerstone of American citizenship, guaranteeing birthright citizenship to those born or naturalized in the country and subject to its jurisdiction. It ensures equal rights and protections under the law for all citizens, marking a significant step forward in the nation's commitment to equality and justice.
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The Bill of Rights: 10 Amendments ratified in 1791
The Bill of Rights, comprising the first 10 Amendments to the US Constitution, was ratified on December 15, 1791. The 10 Amendments are as follows:
- Freedoms, Petitions, Assembly: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
- Right to bear arms: A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
- Quartering of soldiers: No Soldier shall, in time of peace, be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
- Search and arrest: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause.
- Rights in criminal cases: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.
- Right to a fair trial: The right of the people to be secure in their persons and property, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
- Rights in civil cases: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
- Bail, fines, punishment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- Rights retained by the People: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
- States' rights: 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.
The Bill of Rights came about following the 1787–88 debate over the ratification of the Constitution and was written to address the objections raised by Anti-Federalists. It was proposed by Representative James Madison, who studied the deficiencies of the Constitution and crafted a series of corrective proposals.
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The First Amendment: freedom of speech, press, religion, assembly, and petition
The First Amendment to the US Constitution was passed by Congress on September 25, 1789, and ratified on December 15, 1791, as part of the Bill of Rights, which comprises the first ten amendments. The First Amendment guarantees five protections relating to freedom of expression and association.
Firstly, it protects freedom of religion, stating that Congress shall make no law respecting an establishment of religion or prohibiting its free exercise. This means that the government cannot establish an official religion or prevent people from practising their chosen religion.
Secondly, it protects freedom of speech and of the press, prohibiting the government from abridging these freedoms. This ensures that individuals are free to express their ideas and opinions without fear of government censorship or retaliation.
Thirdly, it protects the right of the people to peaceably assemble, guaranteeing their ability to gather and associate with others for any lawful purpose.
Finally, it protects the right to petition the government for a redress of grievances. This means that people have the right to make their concerns known to those in power and seek remedies for wrongs committed against them.
Together, these five freedoms enshrined in the First Amendment form the foundation for many of the civil liberties enjoyed by Americans today and are a cornerstone of democratic governance. They reflect the belief that a well-informed and actively engaged citizenry is essential for a healthy and responsive democratic society.
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The 14th Amendment: failed to protect rights of Black citizens
The 14th Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was intended to protect the rights of Black citizens. It was enacted specifically to assist newly freed Black people by granting them citizenship and ensuring their civil rights.
The 13th Amendment, which abolished slavery, left the status of formerly enslaved people uncertain. The infamous Dred Scott case had ruled that Black people had no rights that whites were bound to respect and denied them citizenship. The 14th Amendment aimed to address this by granting citizenship to "all persons born or naturalized in the United States", thereby ensuring that Black people were legally recognized as American citizens with equal rights.
However, despite its intentions, the 14th Amendment ultimately failed to protect the rights of Black citizens effectively. Immediately after the abolishment of slavery, Southern states passed laws known as Black Codes, which restricted the civil rights of newly freed Black Americans and forced them to work for their former enslavers. While the 14th Amendment revoked these Black Codes and established birthright citizenship, it did not prevent the emergence and enforcement of discriminatory policies and practices.
Over time, the interpretation and application of the 14th Amendment shifted. Policies such as forced racial segregation in public schools and public spaces, as well as the incarceration of Japanese Americans during World War II, were found to be consistent with the Constitution, indicating a failure to uphold the rights of racial minorities. Additionally, the 14th Amendment's original focus on addressing the rights of freed Black people has been diluted, with its invocation often used to attack affirmative action and efforts to promote racial equality in education.
In conclusion, while the 14th Amendment was intended to protect the rights of Black citizens and achieve racial justice, it ultimately fell short of its goals. The amendment's failure to prevent discriminatory laws, policies, and practices underscores the ongoing struggle for equal rights and the need for continuous vigilance to ensure that the rights enshrined in the Constitution are upheld for all citizens, regardless of race.
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Frequently asked questions
Passed by Congress on June 13, 1866, and ratified on July 9, 1868, the 14th Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people.
The 14th Amendment was intended to grant citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people.
Congressman John A. Bingham of Ohio was the primary author of the first section of the 14th Amendment.
No, the 14th Amendment did not extend the Bill of Rights to the states.
The 14th Amendment also stated that no person who has engaged in insurrection or rebellion against the United States shall be a Senator or Representative in Congress, or hold any office under the United States.
