US Constitution
of 1787
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US Constitution Amendment
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Proposal Date
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Enacted Date
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14th
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Defines citizenship, contains the Immunities Clause, the Due Process Clause, the Equal Protection Clause, & post-Civil War issues - Signers: Speaker of the House Schuyler Colfax (R-IN) & US Senator Lafayette S. Foster (R-CT)
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June 13, 1866
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July 9, 1868
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14th Amendment
A Reconstruction Amendment, the Fourteenth Amendment to the United States Constitution, was passed by Congress on June 13th, 1866 and adopted by the States on July 9, 1868. The amendment addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested by Southern states, which ratified it in order to regain representation in the United States Congress.
The
amendment's first section includes several clauses: the Citizenship Clause,
Privileges or Immunities Clause, Due Process Clause, and Equal Protection
Clause. The Citizenship Clause provides a broad definition of citizenship,
overruling the Supreme Court's decision in Dred Scott v. Sandford (1857), which
had held that Americans descended from African slaves could not be citizens of
the United States. The Privileges or Immunities Clause has been interpreted in
such a way that it does very little. The
Equal Protection Clause requires each state to provide equal protection under
the law to all people within its jurisdiction. This clause was the basis for
Brown v. Board of Education (1954), the Supreme Court decision that
precipitated the dismantling of racial segregation, and for many other
decisions rejecting irrational or unnecessary discrimination against people
belonging to various groups.
This
first section of the Fourteenth
Amendment is one of the most litigated parts of the United States Constitution,
forming the foundation for landmark decisions ranging from abortion (Roe v.
Wade 1973), to the 2000 presidential
election (Bush v. Gore, 2000). It applies to the actions of all state and local
officials, but not to those of private parties.
The
second, third, and fourth sections of the amendment are seldom, if ever,
litigated. The fifth section gives Congress enforcement power. The Due Process
Clause prohibits state and local government officials from depriving persons of
life, liberty, or property without legislative authorization. This clause has
also been used by the federal judiciary to make most of the Bill of Rights
applicable to the states, as well as to recognize substantive and procedural
requirements that state laws must satisfy.
Section 1. 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. 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.
Section 2. Representatives shall be
apportioned among the several States according to their respective numbers,
counting the whole number of persons in each State, excluding Indians not
taxed. But when the right to vote at any election for the choice of electors
for President and Vice President of the United States, Representatives in
Congress, the Executive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such State,
being twenty-one years of age, and citizens of the United States, or in any way
abridged, except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the number of
such male citizens shall bear to the whole number of male citizens twenty-one
years of age in such State.
Section 3. 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. But Congress may, by a
vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt
of the United States, authorized by law, including debts incurred for payment
of pensions and bounties for services in suppressing insurrection or rebellion,
shall not be questioned. But neither the United States nor any State shall
assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or emancipation
of any slave; but all such debts, obligations and claims shall be held illegal
and void.
Section 5. The Congress shall have power to
enforce, by appropriate legislation, the provisions of this article.
State
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Ratified
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Rejected
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Connecticut
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June 30, 1866
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New Hampshire
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July 6, 1866
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Tennessee
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July 18, 1866
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New Jersey
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September 11, 1866
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Oregon
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September 19, 1866
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Texas
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October 27, 1866
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Vermont
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October 30, 1866
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Georgia
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November 9, 1866
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North Carolina
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December 14, 1866
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South Carolina
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December 20, 1866
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Kentucky
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January
8, 1867
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Virginia
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January 9, 1867
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New York
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January 10, 1867
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Ohio
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January 11, 1867
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Illinois
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January 15, 1867
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West Virginia
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January 16, 1867
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Michigan
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January 16, 1867
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Minnesota
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January 16, 1867
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Kansas
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January 17, 1867
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Maine
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January 19, 1867
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Nevada
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January 22, 1867
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Indiana
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January 23, 1867
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Missouri
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January 25, 1867
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Louisiana
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February 6, 1867
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Pennsylvania
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February 6, 1867
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Rhode Island
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February 7, 1867
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Delaware
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February 8, 1867
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Wisconsin
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February 13, 1867
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Massachusetts
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March 20, 1867
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Maryland
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March 23, 1867
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Nebraska
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June 15, 1867
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Iowa
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March 16, 1868
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Arkansas
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April 6, 1868
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Florida
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June 9, 1868
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North Carolina
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July 4, 1868
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Louisiana
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July 9, 1868
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South Carolina
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July 9, 1868*
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*4/5ths Requirement Met
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Alabama
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July 13, 1868
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Georgia
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July 21, 1868
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Virginia
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October 8, 1869
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Mississippi
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January 17, 1870
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Texas
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February 18, 1870
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Delaware
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February 12, 1870
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Maryland
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April 4, 1959
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California
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May 6, 1959
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Kentucky
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March 30, 1976
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State
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Re-ratified
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Rescinded
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New Jersey
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April
23, 2003
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Feb. 20, 1868/March 24, 1868
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Oregon
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April 25, 1973
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October 16, 1868
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Ohio
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March 12, 2003
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January 13, 1868
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