The Fourteenth Amendment

The 14th Amendment to the United States Constitution is a significant piece of legislation that was adopted on July 9, 1868. It contains several crucial provisions that have had a profound impact on American society.  The 14^th Amendment states:

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.”

Please note that this is the official text of the 14th Amendment as ratified in 1868.

The key components of the 14^th Amendment are as follows:

Citizenship Clause: The first section of the 14th Amendment establishes birthright citizenship, stating 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 grants citizenship to anyone born on U.S. soil, regardless of their parents’ citizenship or immigration status.

Equal Protection Clause: The second section contains the Equal Protection Clause, which ensures that no state can deny any person within its jurisdiction equal protection of the laws. This clause has been interpreted to prohibit various forms of discrimination, including racial, gender, and religious discrimination, and has been used to support civil rights movements and advance equality.

Due Process Clause: Also in the second section, the Due Process Clause declares that no state shall deprive any person of life, liberty, or property without due process of law. This clause provides protection against arbitrary government action and guarantees that individuals are treated fairly and have the right to a fair legal process.

Privileges or Immunities Clause: The third section includes the Privileges or Immunities Clause, which states that no state shall make or enforce any law that abridges the privileges or immunities of U.S. citizens. Although this clause has been interpreted narrowly by the courts, it serves as an additional protection for individual rights.

The 14th Amendment was primarily enacted to secure and protect the civil rights of formerly enslaved African Americans following the abolition of slavery. Over time, it has been utilized in numerous landmark Supreme Court cases to extend its protections to other marginalized groups, such as women, racial and ethnic minorities, immigrants, and the LGBTQ+ community.

The 14th Amendment has played a crucial role in shaping American jurisprudence and promoting equality and fairness under the law. Its provisions continue to be central to discussions on civil rights, constitutional interpretation, and the pursuit of social justice in the United States.