The Fourteenth Amendment of the United States Constitution, adopted on July 28, 1868, is one of the most important and revolutionary amendments in American history. The Fourteenth Amendment was passed during the Reconstruction era of the Civil War and was mainly intended to give formerly enslaved African Americans citizenship and citizenship rights. The Fourteenth Amendment altered the legal landscape of the nation in establishing that all persons born or naturalized in the United States are to be considered citizens and are entitled to equal protection under the law. The Fourteenth Amendment has five sections and not only changed civil rights and liberties for the nation, but also vastly expanded the ability of the federal government to enforce those rights against state abuses.
What Rights Does the Fourteenth Amendment Guarantee?
The most important part of the Fourteenth Amendment is found in the first section, which provides:
-
Citizenship for all persons born or naturalized in the United States
-
Equal protection under the law
-
Due process before life, liberty, or property is taken away
-
The assurance that states cannot pass laws that take away the privileges or immunities of U. S. citizens
These assurances overturned past legal interpretations of the law that suggested African Americans did not have full citizenship and civil rights.
How Did the Amendment Change Representation in Congress?
Article I, Section 2 stated that enslaved individuals would be counted as three-fifths of a person for legislative representation only. The Fourteenth Amendment said representation would be based on the "whole number of persons" in each state, not counting any untaxed Native Americans. Furthermore, any state that did not allow eligible male citizens the right to vote would see its congressional representation proportionally reduced.
Who Was Barred from Holding Public Office?
It should also shed light on people who aided and abetted the Confederacy. Former civil and military officials take an oath to support the Constitution of the United States. This is a serious oath at that. If those officials engaged in any rebellion, there should be a prohibition against taking office. Removing that disqualification requires two-thirds of both Houses of Congress to agree.
What Does It Say About National Debt and Confederate Claims?
Section four simply recognized the United States' national debt, including the debt that was incurred, ignoring the context laid down during the insurrection acted upon during the Civil War. But also, in the next breathing moment is acknowledgement of debts and claims against the Confederacy that included debts for supporting slavery, and thus are legally void. At a minimum, it could rule out people who would expect compensation from a former slave owner.
How Can Congress Enforce the Amendment?
Similar to the Thirteenth Amendment, the final section of the Fourteenth Amendment provides Congress with the ability to enact laws to enforce the amendment. This provision has played a significant role in civil rights laws and actions, allowing the federal government some machinery to foster state compliance with the protections of the Constitution.
Who Were the Key Lawmakers Behind the Amendment?
Several significant lawmakers were involved in framing and supporting the amendment, including:
-
Rep. John A. Bingham (Ohio)
-
Sen. Jacob Howard (Michigan)
-
Rep. Henry Deming (Connecticut)
-
Sen. Benjamin G. Brown (Missouri)
-
Rep. Thaddeus Stevens (Pennsylvania)
The Congressional Joint Resolution for the amendment was passed on June 16, 1866, and was ratified on July 28, 1868.
Was the Fourteenth Amendment Immediately Effective?
The Fourteenth Amendment's commitment to equality was violated for years, despite unambiguous language and clear intent. Southern state governments continued to enact discriminatory laws like the Black Codes and Jim Crow laws. The constitutional harm perpetrated by the Court's racist ruling in Plessy v. Ferguson (1896) placed racism in the Constitution under the constitutional protection of "separate but equal." The amendment would not truly be given effect until the civil rights movement in the mid-20th century.
Why Is the Fourteenth Amendment Still Relevant Today?
The Fourteenth Amendment remains the foundation of civil rights law today. It has been cited in important U.S. Supreme Court cases addressing racial equality, same-sex marriage, the right to abortion, and beyond. The way the Fourteenth Amendment envisions citizenship, due process, and equal protection informed the conversations about what equality, justice, and liberty ultimately mean in America.
Check out: What are the U.S. Heat Advisories and What Causes Them? Check Facts Here
Conclusion
The Fourteenth Amendment changed the very character of American constitutionalism and civil rights. Although the amendment immediately faced resistance to its implementation, it planted the seeds of future litigation in the efforts to attain equal rights and justice for all. As a result, the ideals of citizenship, liberty, and equal protection are still part of the dialogue of American democratic thought.
Comments
All Comments (0)
Join the conversation