14th Amendment and the Bill of Rights
14th Amendment History, 14th Amendment Constitution
Purpose, 14th Amendment Summary, 14th Amendment Definition, 14th Amendment Due Process Equal Protection Clause Rights, 14th
Amendment Results
The 14th Amendment to the Constitution
was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,”
which included former slaves recently freed. In addition, it forbids states from denying any person "life, liberty or property, without due process
of law" or to "deny to any person within its jurisdiction the equal protection of its laws.” By directly mentioning
the role of the states, the 14th Amendment greatly expanded the protection of civil rights to all Americans and is cited in
more litigation than any other amendment.
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.
Proposal and Ratification
The Congress proposed the Fourteenth Amendment to the Constitution of the
United States on June 13, 1866. Per Article Five of the Constitution, twenty-eight of the thirty-seven states were
needed for ratification of the 14th Amendment. By July 9, 1868, twenty-eight states had ratified the Amendment:
# |
State
| Date
| |
1 |
Connecticut
| Jun 25, 1866
| |
2 |
New Hampshire
| Jul 6, 1866
| |
3 |
Tennessee
| Jul 19, 1866
| |
4 |
New Jersey
| Sep 11, 1866
| |
5 |
Oregon
| Sep 19, 1866
| |
6 |
Vermont
| Oct 30, 1866
| |
7 |
Ohio
| Jan 4, 1867
| |
8 |
New York
| Jan 10, 1867
| |
9 |
Kansas
| Jan 11, 1867
| |
10 |
Illinois
| Jan 15, 1867
| |
11 |
West Virginia
| Jan 16, 1867
| |
12 |
Michigan
| Jan 16, 1867
| |
13 |
Minnesota
| Jan 16, 1867
| |
14 |
Maine
| Jan 19, 1867
| |
15 |
Nevada
| Jan 22, 1867
| |
16 |
Indiana
| Jan 23, 1867
| |
17 |
Missouri
| Jan 25, 1867
| |
18 |
Rhode Island
| Feb 7, 1867
| |
19 |
Wisconsin
| Feb 7, 1867
| |
20 |
Pennsylvania
| Feb 12, 1867
| |
21 |
Massachusetts
| Mar 20, 1867
| |
22 |
Nebraska
| Jun 15, 1867
| |
23 |
Iowa
| Mar 16, 1868
| |
24 |
Arkansas
| Apr 6, 1868
| |
25 |
Florida
| Jun 9, 1868
| |
26 |
North Carolina
| Jul 4, 1868
| |
27 |
Louisiana
| Jul 9, 1868
| |
28 |
South Carolina
| Jul 9, 1868
| |
29 |
Alabama
| Jul 13, 1868
| |
30 |
Georgia
| Jul 21, 1868
| |
31 |
Virginia
| Oct 8, 1869
| |
32 |
Mississippi
| Jan 17, 1870
| |
33 |
Texas
| Feb 18, 1870
| |
34 |
Delaware
| Feb 12, 1901
| |
35 |
Maryland
| Apr 4, 1959
| |
36 |
California
| May 6, 1959
| |
37 |
Kentucky
| Mar 18, 1976 |
*No guaranteed rights
for the original inhabitants and residents of present-day United States:
While African Americans
received citizenship with the 14th Amendment to the U.S. Constitution, American Indians, or Native Americans, on the other
hand, were denied citizenship for more than another half-century. "Life, liberty, or property" was not guaranteed or applicable
to the initial inhabitants of the land, and, without citizenship, Native
Americans were herded onto reservations or hunted like wild animals. On June 2, 1924, however, with passage of the Indian Citizenship Act of 1924, America's indigenous peoples became United States citizens.
Sources: Library of Congress (Primary Documents in American History); U.S. Constitution Online; National
Park Service
Recommended Reading: Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in
Post-Civil War America. From Publishers
Weekly: In December 1865, the 39th Congress had urgent business, says Epps in this passionate account of Reconstruction politics.
If the former Confederate states were readmitted to the Union, ex-slaves would swell those
states' congressional power, but without congressional protection, the freedmen would never be allowed to vote, and the Southern
white elite would have disproportionate influence in the federal government. Epps follows every twist of Congress's response
to this problem, and his energetic prose transforms potentially tedious congressional debates into riveting reading. Continued
below…
He illuminates the fine points, such as the distinction in the 19th century between civil
rights—relating to property and employment, which many thought blacks should have—and political rights, which
some thought only educated men of wealth should have. Congressmen were not the only people energized by the conundrums of
electoral representation. Susan B. Anthony and Elizabeth Cady Stanton petitioned for women's suffrage on the same grounds
as blacks. While Congress hammered out the 14th and 15th Amendments, white Southerners were putting in place the Jim Crow
codes that would subvert those amendments until the 1960s. As constitutional scholar and novelist Epps (The Shad Treatment)
notes in a rousing afterword, there are many corners in which they are not fully realized today.
Recommended Reading: No
State Shall Abridge: The Fourteenth Amendment and the Bill of Rights. From
Library Journal: Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to
incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional
scholars, with the Attorney General in the wings, he rebuts their argument with vigor and effectiveness, conclusively demonstrating
the legitimacy of the incorporation thesis. He does so by placing the Amendment in the stew of history: by examining first
the historical context, and then Republican ideology as reflected in legislative debate over the 13th and 14th amendments
as well as over the 1866 Civil Rights Act. Taking the legal story down to the present, Curtis traces the Court's gradual acceptance
of incorporation, until Cardozo in Palko and then until the Burger Court. A bold, forcefully argued, important study.
Recommended Reading: We the
People: The Fourteenth Amendment and the Supreme Court. Description: Several of the most divisive moral
conflicts that have beset Americans in the period since World War II have been transmuted into constitutional conflicts and
resolved as such. In his new book, eminent legal scholar Michael Perry evaluates the grave charge that the modern Supreme
Court has engineered a "judicial usurpation of politics." In particular, Perry inquires which of several major Fourteenth
Amendment conflicts--over race segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion,
and physician-assisted suicide--have been resolved as they should have been. He lays the necessary groundwork for his inquiry
by addressing questions of both constitutional theory and constitutional history. A clear-eyed examination of some of the
perennial controversies in American life, We the People is a major contribution to modern constitutional studies.
Recommended Reading: Abraham Lincoln: Redeemer President (Library of Religious Biography). Description: Since its original publication in 1999, "Abraham Lincoln: Redeemer
President" has garnered numerous accolades, including the prestigious 2000 Lincoln Prize. Allen Guelzo's peerless biography
of America's most celebrated president
is now available for the first time in a fine paperback edition. The first "intellectual biography" of Lincoln,
this work explores the role of ideas in Lincoln's life, treating
him as a serious thinker deeply involved in the nineteenth-century debates over politics, religion, and culture. Written with
passion and dramatic impact, Guelzo's masterful study offers a revealing new perspective on a man whose life was in many ways
a paradox. As journalist Richard N. Ostling notes, "Much has been written about Lincoln's
belief and disbelief," but Guelzo's extraordinary account "goes deeper."
Recommended Reading: Battle Cry of Freedom: The Civil War Era
(Oxford History of the United States)
(Hardcover: 952 pages). Description: Published in 1988
to universal acclaim, this single-volume treatment of the Civil War quickly became recognized as the new standard in its field.
James M. McPherson, who won the Pulitzer Prize for this book, impressively
combines a brisk writing style with an admirable thoroughness. James McPherson's fast-paced narrative fully integrates the
political, social, and military events that crowded the two decades from the outbreak of one war in Mexico
to the ending of another at Appomattox. Packed with drama
and analytical insight, the book vividly recounts the momentous episodes that preceded the Civil War including the Dred Scott
decision, the Lincoln-Douglas debates, and John Brown's raid on Harper's Ferry. Continued below...
It flows into
a masterful chronicle of the war itself--the battles, the strategic maneuvering by each side, the politics, and the personalities.
Particularly notable are McPherson's new views on such matters as Manifest Destiny, Popular Sovereignty, Sectionalism, and
slavery expansion issues in the 1850s, the origins of the Republican Party, the causes of secession, internal dissent and
anti-war opposition in the North and the South, and the reasons for the Union's victory. The
book's title refers to the sentiments that informed both the Northern and Southern views of the conflict. The South seceded
in the name of that freedom of self-determination and self-government for which their fathers had fought in 1776, while the
North stood fast in defense of the Union founded by those fathers as the bulwark of American
liberty. Eventually, the North had to grapple with the underlying cause of the war, slavery, and adopt a policy of emancipation
as a second war aim. This "new birth of freedom," as Lincoln called it, constitutes the proudest
legacy of America's bloodiest conflict.
This authoritative volume makes sense of that vast and confusing "second American Revolution" we call the Civil War, a war
that transformed a nation and expanded our heritage of liberty. . Perhaps more than any other book, this one belongs on the bookshelf of every Civil War buff.
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