Omar Bennett
The Fourteenth Amendment to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was primarily written by Congressman John A. Bingham of Ohio, who was responsible for the first section of the amendment. The Fourteenth Amendment addresses citizenship rights and equal protection under the law at all levels of government, granting citizenship to all people born in the United States and providing them with equal protection and due process.
| Characteristics | Values |
|---|---|
| Date of Proposal | June 16, 1866 |
| Date of Ratification | July 9, 1868 |
| Primary Author | Congressman John A. Bingham of Ohio |
| Co-Author | Senator Jacob Howard of Michigan |
| Aim | To extend liberties and rights granted by the Bill of Rights to formerly enslaved people |
| To grant citizenship to "All persons born or naturalized in the United States" | |
| To prevent states from depriving any person of "life, liberty, or property, without due process of law" | |
| Landmark Cases | Brown v. Board of Education (racial discrimination) |
| Roe v. Wade (reproductive rights) | |
| Bush v. Gore (election recounts) | |
| Reed v. Reed (gender discrimination) | |
| University of California v. Bakke (racial quotas in education) | |
| Powers Granted to Congress | Power to enforce the amendment |
| Power to pass other landmark legislation like the Civil Rights Act of 1964 and the Voting Rights Act of 1965 |
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What You'll Learn
The 14th Amendment's authors
The Fourteenth Amendment to the United States Constitution was passed by Congress on June 13, 1866, and ratified on July 9, 1868. It is considered one of the most consequential amendments, addressing citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War.
The primary author of the first section of the 14th Amendment was Congressman John A. Bingham of Ohio. Bingham intended that the amendment also nationalize the Bill of Rights by making it binding upon the states. Section 1 of the Fourteenth Amendment formally defines United States citizenship and protects various civil rights from being denied or abridged by any state law or state action. It is the most frequently litigated part of the amendment and the Constitution as a whole.
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.” Legal scholars have argued that while Congress intended the Fourteenth Amendment to reverse the Barron v. Baltimore (1833) decision, Representative Bingham expected incorporation to rely on the Privileges or Immunities Clause.
The Fourteenth Amendment was one of three Reconstruction Amendments submitted to the states by Congress following the Civil War to guarantee equal civil and legal rights to Black citizens. The other two were the Thirteenth Amendment, which abolished slavery, and the Fifteenth Amendment, which prohibited the denial of voting rights "on account of race, color, or previous condition of servitude."
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The amendment's ratification
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 significantly shaped the country's legal landscape. The amendment addressed citizenship rights and equal protection under the law, ensuring that all persons born or naturalized in the United States were granted citizenship, including those who were previously enslaved.
The ratification process for the 14th Amendment was a complex and contentious journey, particularly given the political climate of the time. Following the Civil War, Congress submitted three amendments, including the 14th Amendment, as part of its Reconstruction program aimed at guaranteeing equal civil and legal rights to Black citizens. The Southern states, which had comprised the defeated Confederacy, were required to ratify the amendment if they wanted to regain representation in Congress.
The 14th Amendment was officially declared ratified on July 28, 1868, when it received approval from the necessary 28 out of 37 states. This certification was made by the Secretary of State, marking a pivotal moment in the nation's history. The amendment's adoption was a direct response to the pressing issues faced by freed slaves in the aftermath of the Civil War, and it was designed to extend the liberties and rights guaranteed by the Bill of Rights to this newly emancipated population.
The primary author of the first section of the 14th Amendment was Congressman John A. Bingham of Ohio. This section holds particular significance as it is the most frequently litigated part of the amendment. Bingham intended for the amendment to nationalize the Bill of Rights, making it binding upon the states. This section also included the Citizenship Clause, which overruled the Supreme Court's Dred Scott decision, ensuring that African Americans could become citizens.
Despite the successful ratification of the 14th Amendment, the struggle to protect the rights of Black citizens continued. Southern states often ignored the amendment's provisions, and Congress was reluctant to enforce them. This dynamic led to the ratification of the 15th Amendment in 1870, which explicitly prohibited the denial of voting rights based on "race, color, or previous condition of servitude." The 14th Amendment laid the groundwork for significant civil rights advancements in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965, both of which Congress was empowered to enact due to the amendment's granting of enforcement power.
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The amendment's legacy
The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is considered one of the most consequential amendments, addressing citizenship rights and equal protection under the law at all levels of government.
The Fourteenth Amendment's legacy is deeply intertwined with the ongoing struggle for civil rights and racial equality in the United States. The amendment was a response to issues affecting freed slaves following the Civil War, and its enactment was bitterly contested. Despite its ratification, the amendment initially failed to deliver on its promise of securing the rights of Black citizens. This prompted determined efforts by citizens, Congress, and the executive branch to uphold the rights guaranteed under the amendment, setting the stage for significant changes in the 20th century.
One of the key legacies of the Fourteenth Amendment is the expansion of citizenship rights. The Citizenship Clause in Section 1 of the amendment overruled the Supreme Court's Dred Scott decision, which held that African Americans could not become citizens. The Fourteenth Amendment established birthright citizenship, guaranteeing citizenship to "all persons born or naturalized in the United States." This inclusive definition of citizenship was further reinforced in United States v. Wong Kim Ark (1898), where the Supreme Court affirmed birthright citizenship regardless of the parents' immigration status.
Another significant aspect of the Fourteenth Amendment's legacy is its role in shaping civil rights legislation. The amendment's Equal Protection Clause constitutionalized the anti-discrimination principles of the Civil Rights Act of 1866 and served as a foundation for landmark Supreme Court decisions. Cases such as Brown v. Board of Education (1954), Loving v. Virginia (1967), and Roe v. Wade (1973) relied on the Fourteenth Amendment's guarantee of equal protection under the law to advance civil rights and social justice.
Additionally, the Fourteenth Amendment's Due Process Clause has had a lasting impact on the protection of individual liberties. By applying the Fifth Amendment's guarantees to state governments, the Fourteenth Amendment strengthened due process rights at the state level. This has been crucial in safeguarding individuals against arbitrary denial of life, liberty, or property, with courts recognizing both procedural and substantive due process protections.
The Fourteenth Amendment also granted Congress the power to enforce its provisions, leading to the passage of landmark legislation in the 20th century, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965. The amendment's legacy continues to shape legal interpretations and guide efforts to ensure equal rights and protections for all Americans.
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The amendment's key provisions
The Fourteenth Amendment to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, is considered one of the most consequential amendments. It was a response to issues affecting freed slaves following the Civil War and aimed to address citizenship rights and equal protection under the law at all levels of government.
Key Provisions
Section 1: Citizenship and Civil Rights
Section 1, primarily written by Representative John Bingham, defines United States citizenship and protects various civil rights. 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 overruled the Supreme Court's Dred Scott decision, which stated that African Americans could not become citizens. It also ensured that civil rights granted by the Bill of Rights were extended to formerly enslaved people.
Section 2: Voting Rights
Section 2 recognized the voting rights of male citizens aged 21 and older. This section was criticized for not including voting rights for women, which were later secured through the ratification of the Nineteenth Amendment in 1920.
Section 5: Congressional Power of Enforcement
Section 5 grants Congress the power to enforce the provisions of the amendment through appropriate legislation. This section was used to authorize federal prosecutors to remove individuals disqualified by the Insurrection Clause from holding political offices.
The Equal Protection Clause
The Equal Protection Clause was included in the Fourteenth Amendment to constitutionalize the anti-discrimination principles of the Civil Rights Act of 1866 and prevent the enforcement of the southern states' Black Codes. It was the basis for landmark Supreme Court decisions, such as Brown v. Board of Education, which prohibited racial segregation in public schools.
The Due Process Clause
The Due Process Clause explicitly applies the Fifth Amendment's protections to state governments, ensuring that no state shall deprive any person of "life, liberty, or property, without due process of law."
The Fourteenth Amendment has been one of the most litigated parts of the Constitution, with citizens, Congress, and the executive branch all working to enforce its provisions and protect the rights of all citizens.
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The amendment's limitations
The Fourteenth Amendment to the United States Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was primarily authored by Congressman John A. Bingham of Ohio, who wrote the first section. The amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens.
While the Fourteenth Amendment was intended to protect the rights of citizens and ensure equal protection under the law, it had certain limitations and fell short in some aspects:
Failure to Extend the Bill of Rights to the States: For many years, the Supreme Court ruled that the Fourteenth Amendment did not extend the protections of the Bill of Rights to the states. This meant that the amendment fell short of its goal to guarantee equal rights across the nation.
Limited Effectiveness in Protecting Black Citizens' Rights: Despite its intention to protect the rights of Black citizens, the Fourteenth Amendment initially failed to do so effectively during the Reconstruction era. It took the determined efforts of citizens, Congress, and the executive branch to lay the groundwork for change in the 20th century.
Limited State Police Powers: While the Fourteenth Amendment's due process clause limits state power over a person's life, liberty, or property, state police powers are still broad. The Supreme Court initially granted states extraordinarily broad police powers, but over time a more nuanced approach was adopted. The amendment does not explicitly address specific state actions, such as public health regulations, which can impact constitutional rights.
Interpretation and Application: The interpretation and application of the Fourteenth Amendment have evolved over time, with the Supreme Court playing a significant role in shaping its impact. The amendment's failure to explicitly address certain issues, such as the extension of the Bill of Rights to the states, has led to ongoing legal debates and varying interpretations.
Selective Incorporation: The process of incorporating the Bill of Rights into the Fourteenth Amendment, known as selective incorporation, has been ongoing. The Supreme Court has explicitly rejected the incorporation of certain amendments, such as the Fifth Amendment's Grand Jury Clause and the Seventh Amendment, while leaving other issues unresolved.
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Frequently asked questions
Congressman John A. Bingham of Ohio wrote the first section of the 14th Amendment, which is the most frequently litigated part of the amendment.
The 14th Amendment to the U.S. Constitution, ratified on July 9, 1868, addresses citizenship rights and equal protection under the law at all levels of government. It was passed to guarantee equal civil and legal rights to Black citizens.
The 14th Amendment was passed to extend liberties and rights granted by the Bill of Rights to formerly enslaved people. It also granted citizenship to "All persons born or naturalized in the United States".
