Malcolm Rivera
The Fourteenth Amendment to the United States Constitution, which came into effect in 1868, guarantees equal protection for all citizens. The amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868, extending liberties and rights to formerly enslaved people and marking a significant shift in American constitutionalism. The Equal Protection Clause, part of the first section of the amendment, states that nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws, ensuring that individuals in similar situations are treated equally by the law.
| Characteristics | Values |
|---|---|
| Name | Fourteenth Amendment |
| Date passed by Congress | June 13, 1866 |
| Date ratified | July 9, 1868 |
| Section | First |
| Clause | Equal Protection Clause |
| Purpose | To guarantee equal civil and legal rights to Black citizens |
| Notable cases | Minneapolis & St. Louis Railway Company v. Beckwith, Brown v. Board of Education, Roe v. Wade, Bush v. Gore, Reed v. Reed, University of California v. Bakke |
Explore related products
$18.4 $45
What You'll Learn
The Fourteenth Amendment
A key component of the Fourteenth Amendment is the Equal Protection Clause, which provides that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." This clause mandates that individuals in similar situations be treated equally by the law. It was intended to validate the equality provisions contained in the Civil Rights Act of 1866, ensuring that all citizens had the right to equal protection under the law.
The Equal Protection Clause has been at the centre of numerous landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts). It has been interpreted and debated extensively, with varying understandings of its implications. For example, while the Supreme Court has held that the clause prohibits discrimination based on race or colour, it has also allowed sexism and other forms of discrimination to persist by limiting its scope to acts "sanctioned in some way" by the state.
In conclusion, the Fourteenth Amendment, through its Equal Protection Clause, plays a crucial role in ensuring equal protection under the law for all citizens of the United States. It has been a pivotal tool in the fight for civil rights and continues to shape legal interpretations and decisions today.
Amendment 26: Voting Rights for 18-Year-Olds
You may want to see also
The Civil Rights Act of 1866
The Act was mainly intended to protect the civil rights of persons of African descent born in or brought to the United States. It declared that all people born in the United States who are not subject to any foreign power are entitled to be citizens, regardless of race, colour, or previous condition of slavery. This excluded American Indians.
The Act granted all citizens the "full and equal benefit of all laws and proceedings for the security of person and property". This included the right to make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, sell, hold, and convey real and personal property. Persons who denied these rights to others on account of race or previous enslavement were guilty of a misdemeanour and faced fines or imprisonment.
Congress's Power: Proposing Constitutional Amendments
You may want to see also
The right to due process
The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, guarantees equal protection for all citizens. A major provision of this amendment was to grant citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people.
The 14th Amendment also includes the Due Process Clause, which guarantees the right to due process for all citizens and non-citizens in the US. Due process refers to the legal right to fair treatment and legal hearings when an individual's life, liberty, or property is at risk. This includes the opportunity to defend one's rights in court and have a fair hearing. It is a fundamental right guaranteed by the US Constitution, protecting people against arbitrary government decisions and ensuring fairness in legal matters.
Procedural due process refers to the procedures that the government must follow before depriving an individual of life, liberty, or property. This typically includes a minimum of notice, an opportunity to be heard, and an impartial tribunal. Historically, due process entailed a jury trial, but states have since developed various institutions and procedures for dispute adjudication.
Substantive due process has been interpreted to include things such as the right to work in an ordinary job, marry, and raise children. For example, in Lochner v. New York (1905), the Supreme Court ruled against a New York law regulating the working hours of bakers, citing the bakers' substantive due process right to work under their terms.
The Due Process Clause has been the source of an array of constitutional rights and has been used to strike down numerous statutes applying to corporations in the late 19th and early 20th centuries. The clause has also been interpreted to include certain governmental benefits, such as welfare benefits, as "property" with due process protections.
In summary, the Due Process Clause of the 14th Amendment guarantees the right to due process for all individuals in the US, ensuring fair treatment and legal hearings when fundamental rights are at stake.
The Amendment That Extended Rights to Black Males
You may want to see also
Explore related products
The right to vote
The Fourteenth Amendment's Equal Protection Clause, which took effect in 1868, stipulates that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." This clause ensures that individuals in similar situations are treated equally under the law. Notably, it was intended to validate the equality provisions within the Civil Rights Act of 1866, guaranteeing all citizens the right to equal protection by law.
Additionally, the Supreme Court has addressed inequalities within states and vote dilution. In Gray v. Sanders, the Court invalidated a Georgia county unit system for tabulating votes, finding that it weighed the rural vote more heavily than the urban vote, violating equal protection standards. The Court has also considered the creation of majority-minority districts to prevent the denial or dilution of the right to vote based on race, colour, or language minority status.
While the Fourteenth Amendment has been pivotal in protecting the right to vote, it is important to acknowledge that it initially fell short of protecting the rights of Black citizens. Amendments like the Fifteenth Amendment, which prohibits denying the right to vote based on race or colour, and ongoing judicial interpretations continue to shape the realisation of equal protection in voting rights.
Amendments: Understanding the Activation Timeline
You may want to see also
Landmark cases
The 14th Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, guarantees equal protection for all citizens. The amendment states that:
> No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.
Brown v. Board of Education (racial discrimination): This case addressed racial discrimination and found that public school segregation based on race was a violation of the 14th Amendment's Equal Protection Clause.
Roe v. Wade (reproductive rights): Roe v. Wade is a famous case that dealt with reproductive rights and the question of whether the Constitution protected the right of married couples to privately engage in counselling regarding contraceptive use and procurement. The Supreme Court held that the 14th Amendment's Due Process Clause protected a fundamental "right to privacy".
Bush v. Gore (election recounts): This case involved election recounts and the interpretation of the equal protection clause during a highly contested presidential election.
Reed v. Reed (gender discrimination): This case addressed gender discrimination and the application of the equal protection clause in relation to state laws that discriminated on the basis of gender.
University of California v. Bakke (racial quotas in education): This case dealt with racial quotas in education and the extent to which affirmative action programmes in university admissions could consider race as a factor, raising questions about reverse discrimination.
These cases represent significant moments in American legal history, where the 14th Amendment's equal protection clause was invoked to protect the rights of citizens and ensure that all persons within the jurisdiction of the United States receive equal treatment under the law.
The 13th Amendment: Enshrined Freedom in 1865
You may want to see also
Frequently asked questions
The 14th Amendment guarantees equal protection for all citizens.
The clause that guarantees equal protection is known as the Equal Protection Clause.
The Equal Protection Clause states that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws."
