The Emancipation Citizenship Amendment: Freedom And Rights

The 14th Amendment, ratified in 1868, extended citizenship to formerly enslaved people. It was passed by Congress in 1866 and became part of the supreme law of the land on July 9, 1868, when it was ratified by the necessary 28 of the 37 states. The amendment was a response to issues affecting freed slaves following the Civil War and was bitterly contested. It was the second of the three Reconstruction Amendments.

• Power of the federal government
• Due process and equal protection under the law
• Forbids Confederate loyalists from holding political and military office |

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The Fourteenth Amendment extended citizenship to all people born in the US

The Fourteenth Amendment to the US Constitution, ratified on July 9, 1868, was the second of three Reconstruction Amendments. It was passed in the aftermath of the Civil War and the abolition of slavery, which left questions about the status of newly freed African Americans.

The Fourteenth Amendment extended citizenship to "all persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people. It established the principle of birthright citizenship, which means that anyone born in the US is automatically a citizen. This was first defined in the Civil Rights Act of 1866, passed after the Civil War to affirm the rights of Black Americans who had been enslaved.

The Fourteenth Amendment also provided equal protection and due process under the law, and it extended the rights guaranteed in the Bill of Rights to all citizens. This included procedural protections, such as the right to life, liberty, and property, and non-enumerated fundamental rights, such as freedom of speech and the right to bear arms.

The Fourteenth Amendment was heavily debated in Congress, and its passage was intended to ensure that the rights of Black Americans, who had been targeted by discriminatory laws and violence in the post-war period, would be protected. It also served to bring many Confederate states back into the Union.

While the Fourteenth Amendment was a significant step towards guaranteeing the rights of African Americans, it did not immediately secure their civil rights, and the struggle for equality under the law continued into the 20th century.

It also provided equal protection and due process

The 13th Amendment, ratified in December 1865, abolished slavery and involuntary servitude across the United States, except as punishment for a crime. However, it did not address the questions surrounding the status of newly freed African Americans. Were they citizens? Did they have the same rights as other Americans?

To address these issues, Congress passed the 14th Amendment, which became part of the supreme law of the land in 1868. This amendment provided a definition of citizenship, stating 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 included formerly enslaved people, who were now legally recognised as citizens.

The 14th Amendment also extended the rights of due process and equal protection under the law to any person, regardless of citizenship status. This meant that no state could deprive any person of "life, liberty, or property, without due process of law" or deny them "the equal protection of the laws."

Despite the progress made by the 13th and 14th Amendments, it is important to note that they did not immediately end discrimination or ensure equal rights for African Americans. Following the Civil War, southern states passed Black Codes, which restricted the civil rights of newly freed African Americans and imposed segregation. It was not until the passage of the 15th Amendment that the denial of the right to vote based on race, colour, or previous servitude was prohibited.

The Amendment was passed in 1866 and ratified in 1868

The 14th Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was the culmination of a series of legislative efforts to guarantee equal rights to African Americans after the abolition of slavery.

The 13th Amendment, ratified in December 1865, made slavery illegal in the US but did not address the citizenship status of formerly enslaved people. To resolve this issue, Congress passed the Civil Rights Act of 1866, which asserted that all people "born or naturalized in the United States" were citizens.

The 14th Amendment built on this by defining citizenship and protecting the civil rights of all Americans, including those who were previously enslaved. It established the principle of birthright citizenship, stating 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 amendment also extended the rights of due process and equal protection under the law, ensuring that no state could deprive any person of life, liberty, or property without due process or deny equal protection of the laws.

The Reconstruction Acts of 1867 further strengthened the rights of African Americans, granting Black men in southern states the right to vote and hold elected office. These acts placed former Confederate states under military rule until they ratified the 14th Amendment and established new constitutions guaranteeing equal rights and protections. On July 9, 1868, with the votes of Louisiana and South Carolina, the 14th Amendment gained the necessary ratification by 28 of the 37 states to become part of the US Constitution.

Despite the passage of the 14th Amendment, the struggle for equal rights continued, with Black citizens and their allies petitioning, initiating court cases, and advocating for the full recognition of their rights.

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It was a response to issues affecting freed slaves following the Civil War

The 13th Amendment, ratified in December 1865, abolished slavery in the United States. However, it did not address the status of newly freed African Americans, nor did it guarantee their rights as citizens. In response to these issues, Congress passed the 14th Amendment, which defined citizenship and protected the civil rights of all Americans.

The 14th Amendment, passed by Congress in June 1866 and ratified in July 1868, established birthright citizenship, stating 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 amendment granted citizenship to formerly enslaved people and extended the liberties and rights granted by the Bill of Rights to them. It also provided equal protection under the law, ensuring that no state could deprive any person of life, liberty, or property without due process.

The Reconstruction Acts of 1867 placed former Confederate states under military rule until they ratified the 14th Amendment and established new constitutions guaranteeing equal rights and protections for African Americans. These acts also granted Black men in the South the right to vote and hold elected office, allowing them to participate in the political process. The 14th Amendment addressed the concerns of the post-war Congress that the returning Southern states would find ways to deprive newly freed African Americans of their constitutional rights.

Despite the passage of the 14th Amendment, the struggle for civil rights continued, with Black citizens and their allies petitioning, initiating court cases, and advocating for the full recognition and protection of their rights. While the amendment provided a legal framework for equality and justice, it took time and ongoing efforts to translate these principles into reality.

The Amendment also disqualified insurrectionists from holding public office

The 13th Amendment, ratified in December 1865, abolished slavery in the United States. However, it did not address the questions surrounding the status of newly freed African Americans, such as their citizenship and rights.

To address these issues, Congress passed the 14th Amendment, which included key provisions on citizenship, the protection of civil rights, and the power of the federal government. The 14th Amendment, therefore, extended citizenship to formerly enslaved people and guaranteed them the liberties and rights granted by the Bill of Rights.

Section 3 of the 14th Amendment, also known as the Insurrection Clause or Disqualification Clause, disqualifies individuals who have engaged in insurrection or rebellion against the United States from holding public office. Specifically, it states that:

> "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, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

This clause was intended to prevent members of the Confederacy from regaining power after the Civil War. It has been applied in modern times, with the Colorado Supreme Court determining that former President Trump engaged in insurrectionist activity during the January 6, 2021, attack on the U.S. Capitol, disqualifying him from the Colorado Republican primary ballot. However, the U.S. Supreme Court reversed this decision, highlighting the ongoing debate about the applicability of the disqualification clause to the presidency.

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