The 14Th Amendment: A Constitutional Turning Point For States

The Fourteenth Amendment to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was a landmark in the history of civil rights. The amendment, which extended liberties and rights to formerly enslaved people, was ratified by 28 out of 37 states, with the southern Confederate states required to ratify it to regain representation in Congress. The Fourteenth Amendment addressed citizenship rights, ensuring that all persons born or naturalized in the US are citizens with equal protection under the law, and it prohibited states from denying citizens life, liberty, or property without due process.

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The 14th Amendment was ratified by 28 states on July 28, 1868

The Fourteenth Amendment to the United States Constitution, which addresses citizenship rights and equal protection under the law, was ratified on July 9, 1868, by 28 states, as confirmed by a certificate of the Secretary of State. This amendment was passed by Congress on June 13, 1866, and became part of the supreme law of the land.

The Fourteenth Amendment was proposed as a joint resolution by the House on June 16, 1866, and submitted to the states. It was designed to extend the liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens. The amendment also granted birthright citizenship to "all persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people.

The Fourteenth Amendment was one of the three amendments proposed by Congress as part of its Reconstruction program following the Civil War. The Confederate states were required to ratify this amendment to regain representation in Congress and be readmitted to the Union.

The amendment's first section, primarily written by Representative John Bingham, is the most frequently litigated part. It formally defines United States citizenship and protects various civil rights from being denied or abridged by any state law or action. This section also includes the Privileges or Immunities Clause, which bars states from "abridging the privileges or immunities of citizens" and the Due Process Clause, which protects citizens from being deprived of "life, liberty, or property, without due process of law."

The Fourteenth Amendment has been used as a basis for landmark Supreme Court decisions, such as Brown v. Board of Education, Loving v. Virginia, and Roe v. Wade, shaping the country's legal landscape and furthering equality.

It granted citizenship to all persons born or naturalized in the US

The Fourteenth Amendment to the United States Constitution, proposed in 1866 and ratified in 1868, was a significant development in the country's history, particularly regarding citizenship rights and civil liberties. One of its most important provisions was its impact on citizenship, as it granted citizenship to "all persons born or naturalized in the United States."

This provision, known as the Citizenship Clause, was added by the Senate to the original draft of the amendment, which did not explicitly address citizenship. The clause 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 granted citizenship not only at the federal level but also at the state level, ensuring that all citizens would have the rights and protections afforded by both levels of government.

The Citizenship Clause played a crucial role in countering discriminatory laws and practices, such as the Black Codes enacted by southern states after the Civil War. By granting citizenship to all persons born or naturalized in the US, regardless of race, it overruled the Supreme Court's Dred Scott decision, which had denied citizenship to African Americans based solely on their race. This amendment ensured that formerly enslaved people and their descendants would be legally recognised as citizens, with all the rights and protections that citizenship entails.

However, it is important to note that the Fourteenth Amendment did not extend citizenship universally to everyone born in the United States. There were, and still are, exceptions to birthright citizenship. For example, children of foreign diplomats born in the US are not automatically granted citizenship, as they are considered subject to the jurisdiction of their parent's sovereign nation. Additionally, the amendment did not address the rights associated with citizenship, and the acquisition of state and national citizenship remained a complex issue.

The Fourteenth Amendment was a landmark in the struggle for equal rights and protections under the law for all citizens. By granting citizenship to "all persons born or naturalized in the United States," it laid the foundation for further civil rights legislation and the ongoing pursuit of justice and equality in the United States.

It barred states from depriving citizens of life, liberty, or property without due process of law and equal protection

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was ratified on July 9, 1868, by 28 of the necessary 37 states, becoming part of the supreme law of the land. It was passed to address citizenship rights and equal protection under the law at all levels of government, guaranteeing equal civil and legal rights to Black citizens.

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." This clause, known as the Due Process Clause, guarantees "due process of law" before the government may deprive someone of "life, liberty, or property." In other words, the government can still deprive a person of these rights, but it must follow the law in doing so.

The Fourteenth Amendment's Due Process Clause explicitly applies the Fifth Amendment's similar clause to state governments. The Fifth Amendment, however, only applies to the federal government. The Fourteenth Amendment, therefore, serves to protect individual rights from interference by the states.

The rights protected under the Fourteenth Amendment can be understood in three categories:

• Procedural due process: This refers to the legal procedures that must be followed before the government can deprive someone of their rights.
• Individual rights listed in the Bill of Rights: These rights, originally applied only to the federal government, were "incorporated" against the states through the Fourteenth Amendment.
• Substantive due process: This refers to the notion that the government cannot deprive someone of their inherent rights, such as life, liberty, or property. However, some scholars argue that the Fourteenth Amendment does not provide textual support for substantive due process, as it does not prohibit the government from depriving someone of these rights but rather requires that the government follow the law in doing so.

The Fourteenth Amendment's provision regarding life, liberty, and property has been interpreted and expanded over time. For example, in the 1970 case of Goldberg v. Kelly, the Court found that some governmental benefits, such as welfare benefits, amount to "property" with due process protections. This expansion of the notion of property beyond real or personal property has led to further considerations and evaluations by the courts when depriving someone of a "new property" right.

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It was one of the Reconstruction Amendments

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. It was passed by Congress on June 13, 1866, and ratified on July 9, 1868, extending the liberties and rights granted by the Bill of Rights to formerly enslaved people. The Reconstruction Amendments were three amendments passed by Congress as part of its Reconstruction program following the Civil War to guarantee equal civil and legal rights to Black citizens.

The Fourteenth Amendment was a response to issues affecting freed slaves following the Civil War, and its enactment was bitterly contested. It addresses citizenship rights and equal protection under the law at all levels of government. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions, such as Brown v. Board of Education (1954), which prohibited racial segregation in public schools, and Loving v. Virginia (1967), which ended interracial marriage bans.

Section 1 of the Fourteenth Amendment formally defines United States citizenship and protects various civil rights from being abridged or denied by any state law or state action. It grants citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people. It also 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 Fourteenth Amendment was also intended to nationalize the Bill of Rights by making it binding upon the states. However, it failed to extend the Bill of Rights to the states and protect the rights of Black citizens. A legacy of Reconstruction was the struggle of Black and White citizens to make the promise of the Fourteenth Amendment a reality. They petitioned and initiated court cases, and Congress enacted legislation to guard all citizens' rights. While these efforts did not succeed during Reconstruction, they laid the groundwork for change in the 20th century.

It was primarily written by Representative John Bingham

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It extended liberties and rights granted by the Bill of Rights to formerly enslaved people and guaranteed equal civil and legal rights to Black citizens.

The Fourteenth Amendment was primarily written by Representative John Bingham of Ohio, who was also a congressman and lawyer. Bingham was the primary author of the first section of the amendment, which is the most frequently litigated part. This section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause broadly defines citizenship and grants it to "all persons born or naturalized in the United States," thereby granting citizenship to formerly enslaved people. The Privileges or Immunities Clause prevents states from impeding federal rights, such as the freedom of movement. The Due Process Clause prohibits all levels of government from depriving people of life, liberty, or property without substantive and procedural due process. Finally, the Equal Protection Clause was written to constitutionalize the anti-discrimination principles of the Civil Rights Act of 1866 and prevent the enforcement of the southern states' Black Codes.

Bingham was a member of the Joint Committee on Reconstruction, a special congressional committee that included leading members of Congress such as Thaddeus Stevens and Jacob Howard. The committee sought to set new constitutional baselines for post-Civil War America, and their proposed amendment included many of the provisions in the final amendment, including the Equal Protection Clause, the Privileges or Immunities Clause, and the Due Process Clause.

When introducing the amendment, Senator Jacob Howard of Michigan specifically stated that the privileges and immunities clause would extend to the states "the personal rights guaranteed and secured by the first eight amendments." However, historians disagree on how widely shared Bingham's and Howard's views were at the time in Congress or across the country.

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