The Emancipation Proclamation: Citizenship For The Formerly Enslaved

which constitutional amendment extended citizenship to formerly enslaved people

The 14th Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was a landmark piece of legislation that extended citizenship rights and equal protection under the law to formerly enslaved people. The amendment, which was part of the Reconstruction program following the Civil War, guaranteed that all persons born or naturalized in the United States were citizens with the same rights and protections as all other American citizens. This amendment addressed the concerns that even with slavery abolished, returning Southern states would find ways to deprive newly freed African Americans of their constitutional rights.

Characteristics Values
Name of Amendment Fourteenth Amendment
Year of Ratification 1868
Date of Ratification July 9, 1868
Number of States that Ratified 28 out of 37
Date Proposed June 16, 1866
Date Passed by Congress June 13, 1866
Key Provisions Definition of citizenship, protection of civil rights, and power of the federal government
Citizenship Clause Grants citizenship to "All persons born or naturalized in the United States"
Equal Protection Clause Extends rights of due process and equal protection under the law to all persons
Insurrection Clause Disqualifies candidates for state or federal offices who engaged in insurrection or rebellion against the U.S.
Key Figures Congressman John A. Bingham of Ohio, Senator Jacob Howard of Michigan
Related Legislation Civil Rights Act of 1866, Reconstruction Acts of 1867, Thirteenth Amendment

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The 14th Amendment defined US citizenship

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 amendment was a response to issues affecting freed slaves following the American Civil War. It was also part of Congress's Reconstruction program to guarantee equal civil and legal rights to Black citizens.

Section 1 of the 14th Amendment formally defines US citizenship and protects various civil rights from being denied or abridged by any state law or state action. It states 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 provision overruled the Supreme Court's Dred Scott decision, which ruled that African Americans could not become citizens.

The Citizenship Clause constitutionalized the Civil Rights Act of 1866, which granted citizenship to all born within the United States, regardless of race or prior enslavement. It is important to note that the 14th Amendment has always excluded from birthright citizenship those not "subject to the jurisdiction" of the United States, such as children of foreign diplomats or those born to non-citizen parents with temporary legal status.

The 14th Amendment also includes the Insurrection Clause, which disqualifies candidates for state or federal offices if they previously engaged in insurrection or rebellion against the United States. Additionally, it addresses the right to vote and representation in Congress, stating that if the right to vote is denied or abridged, the basis of representation for that state shall be reduced proportionally.

The 14th Amendment is considered one of the most consequential amendments, with its "equal protection of the laws" clause being the most commonly used and frequently litigated phrase. It has formed the basis for landmark Supreme Court decisions addressing citizenship rights and equal protection under the law, such as Brown v. Board of Education, Roe v. Wade, and Loving v. Virginia.

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It extended rights to all citizens

The 14th Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended rights to all citizens. It was the second of three Reconstruction Amendments, which aimed to guarantee equal civil and legal rights to Black citizens following the Civil War. The 14th Amendment was a response to issues affecting freed slaves, and its enactment was bitterly contested.

The 14th Amendment established the principle of birthright citizenship, meaning anyone born in the U.S. is automatically a citizen. This clause did not apply to Native Americans, who were only granted citizenship in 1924. The amendment also provided for equal protection and due process, regardless of citizenship status. This meant that no state could deprive any person of "life, liberty, or property, without due process of law", nor deny anyone within its jurisdiction "the equal protection of the laws".

The 14th Amendment also addressed the political and military leadership of the Confederate states. It disqualified candidates for state or federal offices who had previously engaged in insurrection or rebellion against the United States. This prevented Confederate loyalists from holding political and military office.

The 14th Amendment was a significant step towards ensuring equal rights for all citizens, particularly African Americans, who had been subject to discriminatory "Black Codes" passed by former Confederate states. However, despite the amendment's guarantees, the struggle for civil rights continued, with Black and White citizens working together to make the promises of the 14th Amendment a reality.

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It was a response to issues affecting freed slaves

The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. This amendment, along with the 14th and 15th Amendments, was one of the three Civil War Amendments that significantly expanded the civil rights of Americans.

The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was specifically designed to address issues affecting freed slaves following the Civil War. It extended the liberties and rights granted by the Bill of Rights to formerly enslaved people, ensuring that "All persons born or naturalized in the United States" were granted citizenship, thereby granting citizenship to formerly enslaved people.

The 14th Amendment was a response to the discriminatory Black Codes passed by formerly Confederate states, which restricted the movement, employment, self-defense, and legal rights of African Americans. It also overruled the Supreme Court's Dred Scott decision, which held that African Americans could not become citizens. The amendment's first section, primarily written by Representative John Bingham, is the most frequently litigated part of the amendment and the Constitution as a whole.

The enactment of the 14th Amendment was bitterly contested. The states of the defeated Confederacy were required to ratify it to regain representation in Congress. While the amendment was successful in granting citizenship to formerly enslaved people, it ultimately failed to protect the rights of Black citizens. The legacy of Reconstruction was a struggle by Black and White citizens alike to make the promises of the 14th Amendment a reality. Their efforts laid the groundwork for change in the 20th century, with the amendment forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) and Loving v. Virginia (1967).

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The amendment was passed by Congress in 1866

The 14th Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was a significant development in the Reconstruction Era following the Civil War. The Amendment was designed to address the legal status and rights of formerly enslaved people, guaranteeing their citizenship and ensuring they enjoyed the same liberties as all American citizens.

The 14th Amendment 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 provision overruled the Dred Scott decision by the Supreme Court, which had ruled that African Americans could not become citizens. It also nullified the discriminatory Black Codes enacted by southern states, which restricted the civil rights of African Americans and forced them to work for their former enslavers.

The Amendment's passage was a direct response to the concerns of Congress that even with the abolition of slavery, returning Southern states might attempt to deprive newly freed African Americans of their constitutional rights. The 14th Amendment ensured that all citizens, regardless of race, were entitled to due process and equal protection under the law. It also extended the Bill of Rights to the states, making its provisions binding upon them.

The 14th Amendment was initially proposed as a House Joint Resolution on June 16, 1866, and it became part of the supreme law of the land on July 28, 1868, when it was ratified by the required number of states. The Amendment's adoption marked a crucial step towards guaranteeing equal civil and legal rights to Black citizens in the United States, addressing the shortcomings of the 13th Amendment, which had ended slavery but had not clarified the citizenship status or rights of formerly enslaved people.

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It was ratified in 1868

The 14th Amendment to the U.S. Constitution, ratified in 1868, was a landmark in the history of civil rights in the United States. It extended liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens. The amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868, with Louisiana and South Carolina casting the final votes to make it officially part of the U.S. Constitution.

The 14th Amendment was a response to the issues affecting freed slaves following the Civil War. It addressed citizenship rights and equal protection under the law at all levels of government. The amendment's first section, written primarily by Representative John Bingham, formally defines United States citizenship and protects various civil rights from being denied or abridged by any state law or action. It states 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 established the principle of birthright citizenship, which was upheld by the Supreme Court in 1898 when they ruled that a person born in the U.S. to non-citizen parents was indeed a citizen.

The 14th Amendment also included the Citizenship Clause, which overruled the Supreme Court's Dred Scott decision that African Americans could not become citizens. This clause constitutionalized the Civil Rights Act of 1866, which granted citizenship to all born within the United States, regardless of race or prior enslavement. The 14th Amendment thus provided a definitive answer to the question of citizenship, ensuring that African Americans could legally claim the same constitutional rights as all other American citizens.

The amendment also included the Insurrection Clause, which disqualifies candidates for state or federal office if they previously engaged in insurrection or rebellion against the United States. This was a response to the issue of readmitting Confederate states and preventing those who had supported the Confederacy from holding public office. The 14th Amendment played a crucial role in the Reconstruction Era, empowering Black citizens and laying the foundation for landmark Supreme Court decisions in the 20th and 21st centuries, such as Brown v. Board of Education and Loving v. Virginia.

Frequently asked questions

The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended citizenship to formerly enslaved people.

The 14th Amendment defines all persons born in the United States as citizens. It also extends the rights of due process and equal protection of the laws to any person, regardless of citizenship status.

The 14th Amendment was passed in the aftermath of the American Civil War. It was designed to address issues affecting freed slaves and to guarantee equal civil and legal rights to Black citizens.

The 14th Amendment also disqualified political and military leaders who had previously engaged in insurrection or rebellion against the United States from holding office. It also addressed the process of readmitting Confederate states and the apportionment of seats in the House of Representatives.

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