The Fourteenth Amendment is one of the most significant amendments to the United States Constitution. It was ratified in 1868, in the aftermath of the Civil War, and was designed to protect the rights of formerly enslaved people. The amendment contains several provisions related to citizenship, due process, and equal protection under the law.
Citizenship: The first section of the Fourteenth Amendment guarantees that anyone born or naturalized in the United States is a citizen. This provision overturned the Supreme Court’s decision in Dred Scott v. Sandford (1857), which ruled that enslaved people were not citizens and, therefore, had no legal rights. This provision has since been used to support the rights of minorities, including immigrants.
Equal Protection: The second section of the Fourteenth Amendment declares that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” This clause has been used to challenge discriminatory practices in voting, education, housing, and employment.
Due Process: The third section of the Fourteenth Amendment states that no person shall be deprived of life, liberty, or property without due process of the law. This clause has been used to protect a variety of individual rights, including the right to a fair trial, the right to an education, and the right to privacy.
Incorporation: The Fourteenth Amendment also incorporates the Bill of Rights into state law, meaning that the protections afforded by the first ten amendments now apply to the states as well as the federal government.
The Fourteenth Amendment has been the basis for many significant court cases over the past century. The most famous of these is Brown v. Board of Education (1954), which declared that segregation in public schools was unconstitutional. Other notable cases include Roe v. Wade (1973), which established a right to privacy when it comes to reproductive rights and Obergefell v. Hodges (2015), which legalized same-sex marriage.
However, the promise of the Fourteenth Amendment has not always been fully realized. It took many years for the Supreme Court to begin enforcing the amendment’s provisions, and many forms of discrimination persist to this day. The Black Lives Matter movement has brought renewed attention to the unequal treatment of African Americans in law enforcement and the criminal justice system.
In conclusion, the Fourteenth Amendment has played an essential role in expanding and protecting the rights of Americans, particularly those who have been historically marginalized. The guarantees of citizenship, due process, and equal protection under the law are fundamental to a just and democratic society. However, the work of realizing these guarantees is ongoing, and there is still much more to be done to ensure that all Americans enjoy the full rights and protections afforded by the Constitution.
The Fourteenth Amendment is another of the ReconstructionAmendments which were adopted after the Civil War. The 14th Amendment wasproposed on June 13, 1866. It was finally ratified by three-fourths of the states onJuly 9th, 1868.
The Fourteenth Amendment has been commonly argued as themost important piece of legislation in the Constitution, and quite possibly,the most important of all laws in the United States. Its original purpose wasto simply define what United States citizenship was, and provide for an outlineof all the rights that were to be recognized by law and not be infringed by anybody of Government,as well as other individuals. For the first time in the United States,citizenship rights were granted others that were not white male propertyowners. It was also a result from theDred Scottv. Sandfordcase,which ruled that all slaves and their descendants did not possessConstitutional rights. Needless to say, the 14th Amendment would overrule thatjudgment.
The Fourteenth Amendment also came into fruition as a contingency to the 13th Amendment, in order to protect the civil and human rights of recently freed slaves. The Fourteenth Amendment would deny for any person to be deprived of his/her life, property, or liberty without due process of the law, or equal protection under law.
The Fourteenth Amendment would include fivedistinct sections. The First Section would provide for the equal protection ofrights and laws to any citizen of the United States, and no person orgovernmental faction would have any authority on infringing upon such libertiesand rights.
The Second Section details the representation ofthe States in regards to elections of the President and Vice-President, as wellas Congress Representatives, State Officers, and members of the Legislature. Italso provided for the basic qualifications for a voter including that they mustbe males over the age of 21, residents of that particular state, and citizensof the United States. Those excluded for consideration would be if they were heldguilty of a crime, such as a rebellion. This section also provided thatRepresentatives of the states would be in direct correlation to the number ofinhabitants within its borders, excluding non-tax paying Indians.
The Third Section prescribes the details of thoseeligible for office or positions in Congress, the military, and civil offices,as well as the President and Vice-President. Any person that had previouslytaken an oath as a member of such offices or positions that had in any way rebelledagainst the Government or aided enemies of the State, would not be eligible forsuch considerations. However, Congress may issue an exception by a two-thirdsvote of each House.
The Fourth Section addresses the idea ofcompensation of pensions or bounties and other costs incurred by the Civil War.The public debt of the United States, as authorized by law, would becompensated as necessary. However, neither the United States nor any Statecould collect damages incurred in the Civil War that relate to the loss oremancipation of a slave. These claims would be held illegal under thisprovision and not be recognized under law. The lastarticle simply provided for the authorization of Congress to employ theprovisions of Fourteenth Amendment, as allowed by law.
