The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.
The amendment's first section includes several clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause provides a broad definition of citizenship, nullifying the Supreme Court's decision in Dred Scott v. Sandford (1857), which had held that Americans descended from African slaves could not be citizens of the United States. Since the Slaughter-House Cases (1873), the Privileges or Immunities Clause has been interpreted to do very little.
The Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without a fair procedure. The Supreme Court has ruled this clause makes most of the Bill of Rights as applicable to the states as it is to the federal government, as well as to recognize substantive and procedural requirements that state laws must satisfy. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including all non-citizens, within its jurisdiction. This clause has been the basis for many decisions rejecting irrational or unnecessary discrimination against people belonging to various groups.
The second, third, and fourth sections of the amendment are seldom litigated. However, the second section's reference to "rebellion, or other crime" has been invoked as a constitutional ground for felony disenfranchisement. The fourth section was held, in Perry v. United States (1935), to prohibit a current Congress from abrogating a contract of debt incurred by a prior Congress. The fifth section gives Congress the power to enforce the amendment's provisions by "appropriate legislation"; however, under City of Boerne v. Flores (1997), this power may not be used to contradict a Supreme Court decision interpreting the amendment.
1868Jul, 28
The 14th Amendment to the United States Constitution is certified, establishing African American citizenship and guaranteeing due process of law.
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Events on 1868
- 24Feb
Impeachment of Andrew Johnson
Andrew Johnson becomes the first President of the United States to be impeached by the United States House of Representatives. He is later acquitted in the Senate. - 10Apr
British Expedition to Abyssinia
At Arogee in Abyssinia, British and Indian forces defeat an army of Emperor Tewodros II. While 700 Ethiopians are killed and many more injured, only two British/Indian troops die. - 16May
Impeachment of Andrew Johnson
United States President Andrew Johnson is acquitted in his impeachment trial by one vote in the United States Senate. - 25Sep
Grand Duke Alexei Alexandrovich of Russia
The Imperial Russian steam frigate Alexander Nevsky is shipwrecked off Jutland while carrying Grand Duke Alexei of Russia. - 27Nov
Battle of Washita River
American Indian Wars: Battle of Washita River: United States Army Lieutenant Colonel George Armstrong Custer leads an attack on Cheyenne living on reservation land.