Understanding the 14th Amendment – American Faith

The 14th Amendment to the United States Constitution is a pivotal piece of legislation that has had a profound impact on American society and the rights of its citizens. Ratified on July 9, 1868, the amendment was one of the Reconstruction Amendments passed in the aftermath of the Civil War. It sought to address the rights of newly freed slaves and to ensure equal protection under the law for all citizens.

History

The 14th Amendment was proposed in response to the end of the Civil War and the abolition of slavery. The 13th Amendment, ratified in 1865, had abolished slavery, but there was still a need to address the rights of the newly freed slaves. Many Southern states enacted “Black Codes,” which were laws designed to restrict the rights of African Americans and maintain white supremacy. These codes denied African Americans the right to vote, own property, and access equal protection under the law.

In response to these discriminatory practices, Congress passed the Civil Rights Act of 1866, which aimed to protect the rights of African Americans. However, there were concerns that the Act could be overturned by a future Congress. To ensure the permanence of these protections, Congress proposed the 14th Amendment.

Key Provisions of the Amendment

The 14th Amendment is divided into five sections, each addressing different aspects of citizenship and civil rights.

Section 1: Citizenship and Equal Protection

Section 1 of the 14th Amendment is the most well-known and frequently cited section. It contains three key clauses: the Citizenship Clause, the Due Process Clause, and the Equal Protection Clause.

The Citizenship Clause 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 clause overturned the Dred Scott v. Sandford (1857) Supreme Court decision, which had ruled that African Americans could not be considered citizens.

The Due Process Clause prohibits states from depriving “any person of life, liberty, or property, without due process of law.” This clause extends the protections of the Fifth Amendment, which previously only applied to the federal government, to state governments as well.

The Equal Protection Clause requires states to provide “equal protection of the laws” to all citizens within their jurisdiction. This clause has been the basis for many landmark Supreme Court decisions, including Brown v. Board of Education (1954), which declared racial segregation in public schools unconstitutional.

Section 2: Apportionment of Representatives

Section 2 of the 14th Amendment addresses the apportionment of representatives in Congress. It states that representation in the House of Representatives shall be based on the whole number of persons in each state, excluding Native Americans not taxed. This provision replaced the infamous “three-fifths compromise” from the original Constitution, which counted enslaved individuals as three-fifths of a person for representation purposes.

Section 3: Disqualification from Office

Section 3 of the 14th Amendment disqualifies individuals who had previously taken an oath to support the Constitution but later engaged in insurrection or rebellion against the United States from holding public office. This provision was aimed at preventing former Confederate officials from regaining power in the post-Civil War government.

Section 4: Public Debt

Section 4 of the 14th Amendment addresses the public debt of the United States. It states that the validity of the public debt, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. This provision aimed to ensure that the federal government would honor its financial obligations, including those incurred during the Civil War.

Section 5: Enforcement

Section 5 of the 14th Amendment grants Congress the power to enforce the provisions of the amendment through appropriate legislation. This section has been the basis for many civil rights laws passed by Congress, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

The Lasting Impact of the 14th Amendment

The 14th Amendment has had a profound impact on American society and the rights of its citizens. It has been the basis for numerous Supreme Court decisions that have expanded civil rights and liberties, including cases involving racial and gender discrimination, voting rights, and the rights of the LGBTQ+ community.

The amendment has also been used to incorporate many of the protections found in the Bill of Rights, applying them to state governments as well as the federal government. This process, known as “incorporation,” has ensured that all Americans enjoy the same fundamental rights, regardless of the state in which they reside.

Works Cited

“14th Amendment.” Legal Information Institute, Cornell Law School, www.law.cornell.edu/constitution/amendmentxiv.

“14th Amendment to the U.S. Constitution: Primary Documents in American History.” Library of Congress, www.loc.gov/rr/program/bib/ourdocs/14thamendment.html.

“History of the 14th Amendment.” National Constitution Center, constitutioncenter.org/interactive-constitution/amendment/amendment-xiv.

“The Reconstruction Amendments: The 14th Amendment.” National Archives, www.archives.gov/historical-docs/14th-amendment.