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The Fourteenth Amendment (Amendment XIV) to the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. This founding document, originally comprising seven articles, delineates the national frame of government. Its first t ...

United States Constitution
was adopted on July 9, 1868, as one of the
Reconstruction Amendments The , or the , are the Thirteenth In music or music theory, a thirteenth is the Musical note, note thirteen scale degrees from the root (chord), root of a chord (music), chord and also the interval (music), interval between the root an ...
. 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
former slaves
following the
American Civil War The American Civil War (also known by Names of the American Civil War, other names) was a civil war in the United States from 1861 to 1865, fought between northern U.S. state, states loyal to the Union (American Civil War), Union and south ...
. The amendment was bitterly contested, particularly by the states of the defeated
Confederacy Confederacy may refer to: A confederation, an association of sovereign states or communities. Examples include: * Battle of the Trench, Confederate tribes * Confederate States of America, a confederation of secessionist American states that existed ...

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 A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

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 Acting is an activity in which a story is told by means of its enactment Enactment may refer to: Law * Enactment of a bill, when a bill becomes law * Enacting formula, formulaic words in a bill or act which introduce its provisions * Enactm ...
on behalf of such officials. The amendment's first section includes several clauses: the
Citizenship Clause The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Ame ...
,
Privileges or Immunities Clause The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution The Constitution of the United States is the supreme law of the United States of America. This founding document, originally co ...
, Due Process Clause, and
Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstr ...
. 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 The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision that held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that ar ...
'' (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 A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are th ...

Bill of Rights
as applicable to the states as it is to the federal government, as well as to recognize
substantive A noun (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the Roman ...
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 Jurisdiction (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the ...
. 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 disenfranchisementDisfranchisement, also called disenfranchisement, or voter disqualification is the revocation of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. Disf ...
. The fourth section was held, in '' Perry v. United States'' (1935), to prohibit a current
Congress Congresses are formal meetings of the representatives of different countries A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective identity, ...

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.


Section 1: Citizenship and civil rights


Background

Section 1 of the amendment formally defines United States citizenship and also protects various
civil rights Civil and political rights are a class of rights Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to ...
from being abridged or denied by any state or
state actor In United States The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a country Contiguous United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington ...
. Abridgment or denial of those civil rights by private persons is not addressed by this amendment; the Supreme Court held in the ''
Civil Rights Cases The ''Civil Rights Cases'', 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciar ...
'' (1883) that the amendment was limited to "state action" and, therefore, did not authorize the Congress to outlaw
racial discrimination Racial discrimination is any discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discrimin ...

racial discrimination
by private individuals or organizations (though Congress can sometimes reach such discrimination via other parts of the Constitution such as the
Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress The United States Congress or U.S. Congress is the bicameral ...
which Congress used to enact the
Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individual ...
(the Supreme Court upheld this approach in '' Heart of Atlanta Motel v. United States'' (1964))). U.S. Supreme Court Justice
Joseph P. Bradley Joseph Philo Bradley (March 14, 1813 – January 22, 1892) was an American jurist best known for his service on the United States Supreme Court, and on the Electoral Commission that decided the disputed 1876 presidential election. Early lif ...
commented in the ''Civil Rights Cases'' that "individual invasion of individual rights is not the subject-matter of the ourteenthAmendment. It has a deeper and broader scope. It nullifies and makes void all state legislation, and state action of every kind, which impairs the privileges and immunities of citizens of the United States, or which injures them in life, liberty or property without due process of law, or which denies to any of them the equal protection of the laws." The
Radical Republicans The Radical Republicans were a faction of American politicians within the Republican Party of the United States from around 1854 (before the American Civil War The American Civil War (also known by Names of the American Civil War, othe ...
who advanced the Thirteenth Amendment hoped to ensure broad civil and human rights for the newly freed people—but its scope was disputed before it even went into effect. The framers of the Fourteenth Amendment wanted these principles enshrined in the Constitution to protect the new Civil Rights Act from being declared unconstitutional by the Supreme Court and also to prevent a future Congress from altering it by a mere majority vote.
Eric Foner Eric Foner (; born February 7, 1943) is an American historian ( 484– 425 BC) was a Greek historian who lived in the 5th century BC and one of the earliest historians whose work survives. A historian is a person who studies and writes about th ...
, "The Second American Revolution", ''In These Times'', September 1987; reprinted in ''Civil Rights Since 1787'', ed. Jonathan Birnbaum & Clarence Taylor, NYU Press, 2000.
This section was also in response to violence against black people within the
Southern States Southern States may refer to: *The independent states of the Southern hemisphere The Southern Hemisphere is the half (hemisphere Hemisphere may refer to: * A half of a sphere As half of the Earth * A hemispheres of Earth, hemisphere of Earth ...
. The Joint Committee on Reconstruction found that only a Constitutional amendment could protect black people's rights and welfare within those states. The U.S. Supreme Court stated in '' Shelley v. Kraemer'' (1948) that the historical context leading to the Fourteenth Amendment's adoption must be taken into account, that this historical context reveals the Amendment's fundamental purpose and that the provisions of the Amendment are to be construed in light of this fundamental purpose. In its decision the Court said: Section 1 has been the most frequently litigated part of the amendment, and this amendment in turn has been the most frequently litigated part of the Constitution.


Citizenship Clause

The Citizenship Clause overruled the Supreme Court's ''Dred Scott'' decision that
black people Black people is a racialized In sociology Sociology is the study of society, human social behaviour, patterns of social relationships, social interaction, and culture that surrounds everyday life. It is a social science that uses variou ...
were not citizens and could not become citizens, nor enjoy the benefits of citizenship. Some members of Congress voted for the Fourteenth Amendment in order to eliminate doubts about the constitutionality of the
Civil Rights Act of 1866 The Civil Rights Act of 1866 (, enacted April 9, 1866, reenacted 1870) was the first United States federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United ...
, or to ensure that no subsequent Congress could later repeal or alter the main provisions of that Act. The Civil Rights Act of 1866 had granted citizenship to all people born in the United States if they were not subject to a foreign power, and this clause of the Fourteenth Amendment constitutionalized this rule. According to
Garrett Epps Garrett Epps (born 1950 in Richmond, Virginia (Thus do we reach the stars) , image_map = , mapsize = 250 px , map_caption = Location within Virginia , pushpin_map ...

Garrett Epps
, professor of constitutional law at the University of Baltimore, "Only one group is not 'subject to the jurisdiction'
f the United States F, or f, is the sixth letter in the modern English alphabet and the ISO basic Latin alphabet The ISO basic Latin alphabet is a Latin-script alphabet A Latin-script alphabet (Latin alphabet or Roman alphabet) is an alphabet that uses L ...
— accredited foreign diplomats and their families, who can be expelled by the federal government but not arrested or tried." The U.S. Supreme Court stated in '' Elk v. Wilkins'' (1884) with respect to the purpose of the Citizenship Clause and the words "persons born or naturalized in the United States" and "subject to the jurisdiction thereof" in this context: There are varying interpretations of the original intent of Congress and of the ratifying states, based on statements made during the congressional debate over the amendment, as well as the customs and understandings prevalent at that time. Some of the major issues that have arisen about this clause are the extent to which it included
Native Americans Native Americans may refer to: Ethnic groups * Indigenous peoples of the Americas, the pre-Columbian peoples of North and South America and their descendants * Native Americans in the United States * Indigenous peoples in Canada, the indigenous p ...
, its coverage of non-citizens legally present in the United States when they have a child, whether the clause allows revocation of citizenship, and whether the clause applies to
illegal immigrants Illegal immigration refers to the migration of people into a country in violation of the immigration law Immigration law refers to the national statuteA statute reffers to the body of law that are made by legislature of the nation with instrumen ...
. Historian
Eric Foner Eric Foner (; born February 7, 1943) is an American historian ( 484– 425 BC) was a Greek historian who lived in the 5th century BC and one of the earliest historians whose work survives. A historian is a person who studies and writes about th ...
, who has explored the question of U.S. birthright citizenship to other countries, argues that: Garrett Epps also stresses, like Eric Foner, the equality aspect of the Fourteenth Amendment:


Native Americans

During the original congressional debate over the amendment Senator
Jacob M. Howard Mr. Howard Jacob Merritt Howard (July 10, 1805April 2, 1871) was an American attorney and politician. He was most notable for his service as a U.S. Representative and U.S. Senator from the state of Michigan Michigan () is a U.S. state ...
of Michigan—the author of the Citizenship ClauseLaFantasie, Glenn (March 20, 2011
The erosion of the Civil War consensus
''
Salon Salon may refer to: * Beauty salon A beauty salon or beauty parlor is an establishment dealing with Cosmetics, cosmetic treatments for men and women. There's a difference between a beauty salon and a beauty parlor which is that a beauty salo ...
''
—described the clause as having the same content, despite different wording, as the earlier Civil Rights Act of 1866, namely, that it excludes
Native Americans Native Americans may refer to: Ethnic groups * Indigenous peoples of the Americas, the pre-Columbian peoples of North and South America and their descendants * Native Americans in the United States * Indigenous peoples in Canada, the indigenous p ...
who maintain their tribal ties and "persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers". According to historian Glenn W. LaFantasie of
Western Kentucky University Western Kentucky University is a public university in Bowling Green, Kentucky. It was founded by the Commonwealth of Kentucky in 1906, though its roots reach back a quarter-century earlier. It operates regional campuses in Glasgow, Kentucky, Glas ...
, "A good number of his fellow senators supported his view of the citizenship clause." Others also agreed that the children of ambassadors and foreign ministers were to be excluded. Senator
James Rood Doolittle James Rood Doolittle (January 3, 1815July 27, 1897) was an Americans, American politician who served as a United States Senate, U.S. Senator from Wisconsin from March 4, 1857, to March 4, 1869. He was a strong supporter of President of the Unite ...
of Wisconsin asserted that all Native Americans were subject to United States jurisdiction, so that the phrase "Indians not taxed" would be preferable, but Senate Judiciary Committee Chairman
Lyman Trumbull Lyman Trumbull (October 12, 1813 – June 25, 1896) was a United States Senator from Illinois and the co-author of the Thirteenth Amendment to the United States Constitution. Born in Colchester, Connecticut, Trumbull established a law pract ...

Lyman Trumbull
and Howard disputed this, arguing that the federal government did not have full jurisdiction over Native American tribes, which govern themselves and make treaties with the United States.Congressional Globe, 1st Session, 39th Congress, pt. 4, p. 2895
. Howard additionally stated the word jurisdiction meant "the same jurisdiction in extent and quality as applies to every citizen of the United States now" and that the U.S. possessed a "full and complete jurisdiction" over the person described in the amendment.
In '' Elk v. Wilkins'' (1884), the clause's meaning was tested regarding whether birth in the United States automatically extended national citizenship. The Supreme Court held that Native Americans who voluntarily quit their tribes did not automatically gain national citizenship. The issue was resolved with the passage of the
Indian Citizenship Act of 1924 President Coolidge stands with four Osage Indians at a White House ceremony The Indian Citizenship Act of 1924, also known as the Snyder Act, (, enacted June 2, 1924) was an Act of the United States Congress The United States Congress ...
, which granted full U.S. citizenship to indigenous peoples.


Children born to foreign nationals

The Fourteenth Amendment provides that children born in the United States and subject to its jurisdiction become American citizens at birth. The principal framer John Armor Bingham said during the 39th United States Congress two years before its passing: At the time of the amendment's passage, President
Andrew Johnson Andrew Johnson (December 29, 1808 July 31, 1875) was the 17th president of the United States The president of the United States (POTUS) is the and of the . The president directs the of the and is the of the . The power of the pre ...

Andrew Johnson
and three senators, including Trumbull, the author of the Civil Rights Act, asserted that both the Civil Rights ActCongressional Globe, 1st Session, 39th Congress, pt. 1, p. 2893
. From the debate on the Civil Rights Act:

Mr. Johnson: "... Who is a citizen of the United States is an open question. The decision of the courts and doctrine of the commentators is, that every man who is a citizen of the State becomes ipso facto a citizen of the United States; but there is no definition as to how citizenship can exist in the United States except through the medium of a citizenship in a State ..."Congressional Globe, 1st Session, 39th Congress, pt. 1, p. 498
. The debate on the Civil Rights Act contained the following exchange:Mr. Cowan: "I will ask whether it will not have the effect of naturalizing the children of Chinese and Gypsies born in this country?" Mr. Trumbull: "Undoubtedly." ... Mr. Trumbull: "I understand that under the naturalization laws the children who are born here of parents who have not been naturalized are citizens. This is the law, as I understand it, at the present time. Is not the child born in this country of German parents a citizen? I am afraid we have got very few citizens in some of the counties of good old Pennsylvania if the children born of German parents are not citizens." Mr. Cowan: "The honorable Senator assumes that which is not the fact. The children of German parents are citizens; but Germans are not Chinese; Germans are not Australians, nor Hottentots, nor anything of the kind. That is the fallacy of his argument." Mr. Trumbull: "If the Senator from Pennsylvania will show me in the law any distinction made between the children of German parents and the children of Asiatic parents, I may be able to appreciate the point which he makes; but the law makes no such distinction; and the child of an Asiatic is just as much of a citizen as the child of a European."
and the Fourteenth Amendment would confer citizenship to children born to

foreign national A foreign national is any person A person (plural people or persons) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of socia ...
s in the United States. Senator
Edgar Cowan Edgar Cowan (September 19, 1815August 31, 1885) was an American lawyer and Republican politician from Greensburg, Pennsylvania Greensburg is a city in and the county seat A county seat is an administrative center, seat of government, or capita ...
of Pennsylvania had a decidedly different opinion.Congressional Globe, 1st Session, 39th Congress, pt. 1, p. 2891
. From the debate on the Civil Rights Act:

Mr. Cowan: "Therefore I think, before we assert broadly that everybody who shall be born in the United States shall be taken to be citizen of the United States, we ought to exclude others besides Indians not taxed, because I look upon Indians not taxed as being much less dangerous and much less pestiferous to a society than I look upon Gypsies. I do not know how my honorable friend from California looks upon Chinese, but I do know how some of his fellow citizens regard them. I have no doubt that now they are useful, and I have no doubt that within proper restraints, allowing that State and the other Pacific States to manage them as they may see fit, they may be useful; but I would not tie their hands by the Constitution of the United States so as to prevent them hereafter from dealing with them as in their wisdom they see fit ..." Some scholars dispute whether the Citizenship Clause should apply to the children of

today, as "the problem... did not exist at the time".Lee, Margaret.
Birthright Citizenship Under the 14th Amendment of Persons Born in the United States to Alien Parents
",
Congressional Research Service The Congressional Research Service (CRS) is a public policy Public policy is an institutionalized proposal to solve relevant and real-world problems, guided by a conception and implemented by programs as a course of action created and/or enac ...

Congressional Research Service
(August 12, 2010): "Over the last decade or so, concern about illegal immigration has sporadically led to a re-examination of a long-established tenet of U.S. citizenship, codified in the Citizenship Clause of the Fourteenth Amendment of the U.S. Constitution and §301(a) of the Immigration and Nationality Act (INA) (8 U.S.C. §1401(a)), that a person who is born in the United States, subject to its jurisdiction, is a citizen of the United States regardless of the race, ethnicity, or alienage of the parents... some scholars argue that the Citizenship Clause of the Fourteenth Amendment should not apply to the children of unauthorized aliens because the problem of unauthorized aliens did not exist at the time the Fourteenth Amendment was considered in Congress and ratified by the states."
In the 21st century, Congress has occasionally discussed passing a statute or a constitutional amendment to reduce the practice of "
birth tourism Birth tourism is the practice of traveling to another country for the purpose of giving birth in that country. The main reason for birth tourism is to obtain citizenship for the child in a country with birthright citizenship (''jus soli ''Jus so ...
", in which a foreign national gives birth in the United States to gain the child's citizenship. The clause's meaning with regard to a child of immigrants was tested in '' United States v. Wong Kim Ark'' (1898). The Supreme Court held that under the Fourteenth Amendment, a man born within the United States to Chinese citizens who have a permanent domicile and residence in the United States and are carrying out business in the United States—and whose parents were not employed in a diplomatic or other official capacity by a foreign power—was a citizen of the United States. Subsequent decisions have applied the principle to the children of foreign nationals of non-Chinese descent. According to the ''
Foreign Affairs Manual The ''Foreign Affairs Manual'' (FAM) is published by the United States Department of State and can be accessed on the department's website. It contains the United States Department of State#Mission Statement, functional statements, United States De ...
'', which is published by the
State Department The United States Department of State (DOS), or State Department, is an executive department The United States federal executive departments are the principal units of the Federal government of the United States, executive branch of the fede ...
, "Despite widespread
popular belief Popular beliefs are studied as a sub-field of social science Social science is the branch A branch ( or , ) or tree branch (sometimes referred to in botany Botany, also called , plant biology or phytology, is the science of pla ...
, U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the ourteenthAmendment."


Loss of citizenship

Loss of national citizenship is possible only under the following circumstances: * Fraud in the
naturalization Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn i ...
process. Technically, this is not a loss of citizenship but rather a voiding of the purported naturalization and a declaration that the immigrant ''never was'' a citizen of the United States.Current policies are a

.
* Affiliation with an "anti-American" organization (such as the Communist party or other totalitarian party, or a terrorist organization) within five years of naturalization. The State Department views such affiliations as sufficient evidence that an applicant must have lied or concealed evidence in the naturalization process. * Other-than-honorable discharge from the U.S. armed forces before five years of honorable service, if honorable service was the basis for the naturalization. * Voluntary relinquishment of citizenship. This may be accomplished either through renunciation procedures specially established by the State Department or through other actions that demonstrate desire to give up national citizenship. For much of the country's history, voluntary acquisition or exercise of a foreign citizenship was considered sufficient cause for revocation of national citizenship. This concept was enshrined in a series of treaties between the United States and other countries (the
Bancroft Treaties The Bancroft treaties, also called the Bancroft conventions, were a series of agreements made in the late 19th and early 20th centuries between the United States The United States of America (USA), commonly known as the United States (U.S. ...
). However, the Supreme Court repudiated this concept in '' Afroyim v. Rusk'' (1967), as well as '' Vance v. Terrazas'' (1980), holding that the Citizenship Clause of the Fourteenth Amendment barred the Congress from revoking citizenship. However, it has been argued that Congress can revoke citizenship that it has previously granted to a person not born in the United States.


Privileges or Immunities Clause

The Privileges or Immunities Clause, which protects the privileges and immunities of national citizenship from interference by the states, was patterned after the
Privileges and Immunities Clause The Privileges and Immunities Clause (U.S. Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. This founding document, originally comprising seven article ...
of Article IV, which protects the privileges and immunities of state citizenship from interference by other states.''
Slaughter-House Cases The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision that held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that ar ...
'', .
In the ''
Slaughter-House Cases The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision that held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that ar ...
'' (1873), the Supreme Court concluded that the Constitution recognized two separate types of citizenship—"national citizenship" and "state citizenship"—and the Court held that the Privileges or Immunities Clause prohibits states from interfering only with privileges and immunities possessed by virtue of national citizenship. The Court concluded that the privileges and immunities of national citizenship included only those rights that "owe their existence to the Federal government, its National character, its Constitution, or its laws". The Court recognized few such rights, including access to seaports and navigable waterways, the right to run for federal office, the protection of the federal government while on the high seas or in the jurisdiction of a foreign country, the right to travel to the seat of government, the right to peaceably assemble and petition the government, the privilege of the writ of habeas corpus, and the right to participate in the government's administration. This decision has not been overruled and has been specifically reaffirmed several times. Largely as a result of the narrowness of the ''Slaughter-House'' opinion, this clause subsequently lay dormant for well over a century. In '' Saenz v. Roe'' (1999), the Court ruled that a component of the " right to travel" is protected by the Privileges or Immunities Clause: Justice Miller actually wrote in the ''Slaughter-House Cases'' that the right to become a citizen of a state (by residing in that state) "is conferred by ''the very article'' under consideration" (emphasis added), rather than by the "clause" under consideration. In '' McDonald v. Chicago '' (2010), Justice
Clarence Thomas Clarence Thomas (born June 23, 1948) is an associate justice of the Supreme Court of the United States An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States The Supreme ...
, while concurring with the majority in incorporating the Second Amendment against the states, declared that he reached this conclusion through the Privileges or Immunities Clause instead of the Due Process Clause.
Randy Barnett Randy Evan Barnett (born February 5, 1952) is an American legal scholar and lawyer. He serves as the Patrick Hotung Professor of Constitutional Law at Georgetown University Georgetown University is a private Jesuit research university A re ...

Randy Barnett
has referred to Justice Thomas's concurring opinion as a "complete restoration" of the Privileges or Immunities Clause. In '' Timbs v. Indiana'' (2019), Justice Thomas and Justice
Neil Gorsuch Neil McGill Gorsuch ( ; born August 29, 1967) is an associate justice of the Supreme Court of the United States An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States Th ...
, in separate concurring opinions, declared the Excessive Fines Clause of the Eighth Amendment was incorporated against the states through the Privileges or Immunities Clause instead of the Due Process Clause.


Due Process Clause


General aspects

Due process deals with the
administration of justice The Administration of Justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to d ...
and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court has described due process consequently as “the protection of the individual against arbitrary action.” In 1855, the Supreme Court explained that, to ascertain whether a process is due process, the first step is to "examine the constitution itself, to see whether this process be in conflict with any of its provisions".'' Murray v. Hoboken Land'', In ''
Hurtado v. California ''Hurtado v. California'', 110 U.S. 516 (1884),. was a landmark case decided by the Supreme Court of the United States, United States Supreme Court that allowed State governments of the United States, state governments, as distinguished from the Fed ...
'' (1884), the U.S. Supreme Court said:''
Hurtado v. California ''Hurtado v. California'', 110 U.S. 516 (1884),. was a landmark case decided by the Supreme Court of the United States, United States Supreme Court that allowed State governments of the United States, state governments, as distinguished from the Fed ...
'',
The Due Process Clause has been used to strike down legislation. The
Fifth Fifth is the Ordinal number (linguistics), ordinal form of the number 5, five. Fifth or The Fifth may refer to: * Fifth Amendment to the United States Constitution, as in the expression "pleading the Fifth" * Fifth column, a political term * Fifth ...
and Fourteenth Amendments for example do not prohibit governmental regulation for the public welfare. Instead, they only direct the process by which such regulation occurs. As the Court has held before, such due process "demands only that the law shall not be unreasonable, arbitrary, or capricious, and that the means selected shall have a real and substantial relation to the object sought to be attained." Despite the foregoing citation the Due Process Clause enables the Supreme Court to exercise its power of
judicial review Judicial review is a process under which executive Executive may refer to: Role, title, or function * Executive (government), branch of government that has authority and responsibility for the administration of state bureaucracy * Executive, ...
, "because the due process clause has been held by the Court applicable to matters of substantive law as well as to matters of procedure." Justice
Louis Brandeis Louis Dembitz Brandeis (; November 13, 1856 – October 5, 1941) was an American lawyer and associate justice Associate justice or associate judge is the title for a member of a judicial panel who is not the chief justice The chief jus ...
observed in his concurrence opinion in ''
Whitney v. California ''Whitney v. California'', 274 U.S. 357 (1927), was a United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America The United States of Amer ...
'', 274 U.S. 357, 373 (1927), that " spite arguments to the contrary which had seemed to me persuasive, it is settled that the due process clause of the Fourteenth Amendment applies to matters of substantive law as well as to matters of procedure. Thus all fundamental rights comprised within the term liberty are protected by the Federal Constitution from invasion by the States." The Due Process Clause of the Fourteenth Amendment applies only against the states, but it is otherwise textually identical to the Due Process Clause of the Fifth Amendment, which applies against the federal government; both clauses have been interpreted to encompass identical doctrines of
procedural due process Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property. When the government seeks to deprive a person of one of those inte ...
and
substantive due process In United States constitutional law United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution The Constitution of the United States is the supreme law of the U ...
. Procedural due process is the guarantee of a fair legal process when the government tries to interfere with a person's protected interests in life, liberty, or property, and substantive due process is the guarantee that the fundamental rights of citizens will not be encroached on by government. Furthermore, as observed by Justice
John M. Harlan II John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an Associate Justice Associate justice or associate judge is the title for a member of a judicial panel who is not the chief justice ...
in his dissenting opinion in '' Poe v. Ullman'', 367 U.S. 497, 541 (1961), quoting ''Hurtado v. California'', 110 U.S. 516, 532 (1884), "the guaranties of due process, though having their roots in
Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a Royal charter, royal charter of rights agreed to by King John of England at Runnymede, near Windsor, Berkshire, Windsor, on ...

Magna Carta
's 'per legem terrae' and considered as procedural safeguards 'against executive usurpation and tyranny', have in this country 'become bulwarks also against arbitrary legislation'." The Due Process Clause of the Fourteenth Amendment also incorporates most of the provisions in the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are th ...

Bill of Rights
, which were originally applied against only the federal government, and applies them against the states. The Due Process clause applies regardless whether one is a citizen of the United States of America or not.


Specific aspects

The
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or Americ ...

Supreme Court of the United States
interprets the clauses broadly, concluding that these clauses provide three protections:
procedural due process Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property. When the government seeks to deprive a person of one of those inte ...
(in civil and criminal proceedings);
substantive due process In United States constitutional law United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution The Constitution of the United States is the supreme law of the U ...
; and as the vehicle for the
incorporation of the Bill of Rights Incorporation, in United States law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, which prescribes the foundation of the federal governmen ...
. These aspects will be discussed in the sections below.


=Substantive due process

= Beginning with '' Allgeyer v. Louisiana'' (1897), the U.S. Supreme Court interpreted the Due Process Clause as providing
substantive A noun (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the Roman ...
protection to private contracts, thus prohibiting a variety of social and economic regulation; this principle was referred to as "
freedom of contract Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions Economic sanctions ...
". A unanimous court held with respect to the noun "liberty" mentioned in the Fourteenth Amendment's Due Process Clause:
The 'liberty' mentioned in he Fourteenthamendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties, to be free to use them in all lawful ways, to live and work where he will, to earn his livelihood by any lawful calling, to pursue any livelihood or
avocation An avocation is an activity that someone engages in as a hobby outside their main occupation. There are many examples of people whose professions were the ways that they made their livings, but for whom their activities outside their workplaces we ...
, and for that purpose ''to enter into all contracts which may be proper, necessary, and essential'' to his carrying out to a successful conclusion the purposes above mentioned.
Relying on the principle of "freedom of contract" the Court struck down a law decreeing maximum hours for workers in a bakery in '' Lochner v. New York'' (1905) and struck down a minimum wage law in '' Adkins v. Children's Hospital'' (1923). In '' Meyer v. Nebraska'' (1923), the Court stated that the "liberty" protected by the Due Process Clause However, the Court did uphold some economic regulation, such as state
Prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture Manufacturing is the production of goods In economics Economics () is the social science that st ...
laws ('' Mugler v. Kansas'', 1887), laws declaring maximum hours for mine workers ('' Holden v. Hardy'', 1898), laws declaring maximum hours for female workers ('' Muller v. Oregon'', 1908), and President
Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States The president of the United States (POTUS) is the head of state and head of gove ...

Woodrow Wilson
's intervention in a railroad strike (''Wilson v. New'', 1917), as well as federal laws regulating narcotics (''United States v. Doremus'', 1919). The Court repudiated, but did not explicitly overrule, the "freedom of contract" line of cases in '' West Coast Hotel v. Parrish'' (1937). In its decision the Court stated: The Court has interpreted the term "liberty" in the Due Process Clauses of the
Fifth Fifth is the Ordinal number (linguistics), ordinal form of the number 5, five. Fifth or The Fifth may refer to: * Fifth Amendment to the United States Constitution, as in the expression "pleading the Fifth" * Fifth column, a political term * Fifth ...
and Fourteenth Amendments in '' Bolling v. Sharpe'' (1954) broadly: In '' Poe v. Ullman'' (1961), dissenting judge
John Marshall Harlan II John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an Associate Justice of the United States Supreme Court, Associate Justice of the Supreme Court of the United States, U.S. Supreme Cou ...

John Marshall Harlan II
adopted a broad view of the "liberty" protected by the Fourteenth Amendment Due Process clause: Although the "freedom of contract" described above has fallen into disfavor, by the 1960s, the Court had extended its interpretation of substantive due process to include other rights and freedoms that are not enumerated in the Constitution but that, according to the Court, extend or derive from existing rights. For example, the Due Process Clause is also the foundation of a constitutional
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, en ...
. The Court first ruled that privacy was protected by the Constitution in ''
Griswold v. Connecticut ''Griswold v. Connecticut'', 381 U.S. 479 (1965), was a landmark decision Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantia ...
'' (1965), which overturned a Connecticut law criminalizing
birth control Birth control, also known as contraception, anticonception, and fertility control, is a method or device used to prevent pregnancy Pregnancy, also known as gestation, is the time during which one or more offspring develops inside a woma ...
. While Justice wrote for the majority that the right to privacy was found in the "penumbras" of various provisions in the Bill of Rights, Justices
Arthur Goldberg Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American statesman and jurist who served as the 9th U.S. Secretary of Labor, an Associate Justice of the Supreme Court of the United States An associate justice of the Supreme ...

Arthur Goldberg
and
John Marshall Harlan II John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an Associate Justice of the United States Supreme Court, Associate Justice of the Supreme Court of the United States, U.S. Supreme Cou ...

John Marshall Harlan II
wrote in concurring opinions that the "liberty" protected by the Due Process Clause included individual privacy. The above mentioned broad view of liberty embraced by dissenting judge John Marshall Harlan II '' Poe v. Ullman'' (1961) was adopted by the Supreme Court in ''Griswold v. Connecticut''. The
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, en ...
was the basis for '' Roe v. Wade'' (1973), in which the Court invalidated a Texas law forbidding abortion except to save the mother's life. Like Goldberg's and Harlan's concurring opinions in ''Griswold'', the majority opinion authored by Justice
Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an American lawyer and jurist who served as an from 1970 until 1994. Appointed by Republican President , Blackmun ultimately became one of the most liberal justices on the Court. He ...
located the right to privacy in the Due Process Clause's protection of liberty. The decision disallowed many state and federal abortion restrictions, and it became one of the most controversial in the Court's history. In '' Planned Parenthood v. Casey'' (1992), the Court decided that "the essential holding of ''Roe v. Wade'' should be retained and once again reaffirmed". In '' Lawrence v. Texas'' (2003), the Court found that a Texas law against same-sex sexual intercourse violated the right to privacy. In '' Obergefell v. Hodges'' (2015), the Court ruled that the fundamental right to marriage included same-sex couples being able to marry.


=Procedural due process

= When the government seeks to burden a person's protected liberty interest or property interest, the Supreme Court has held that procedural due process requires that, at a minimum, the government provide the person notice, an opportunity to be heard at an oral hearing, and a decision by a neutral decision-maker. For example, such process is due when a government agency seeks to terminate civil service employees, expel a student from public school, or cut off a welfare recipient's benefits. The Court has also ruled that the Due Process Clause requires judges to recuse themselves in cases where the judge has a
conflict of interest A conflict of interest (COI) is a situation in which a person A person (plural people or persons) is a being that has certain capacities or attributes such as reason Reason is the capacity of consciously applying logic Logic is an i ...
. For example, in ''
Caperton v. A.T. Massey Coal Co. ''Caperton v. A. T. Massey Coal Co.'', 556 U.S. 868 (2009), is a case in which the United States Supreme Court held that the Due Process Clause of the Fourteenth Amendment requires a judge to recuse themselves not only when actual bias has been ...
'' (2009), the Court ruled that a justice of the
Supreme Court of Appeals of West Virginia The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia West Virginia () is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States The United States o ...
had to recuse himself from a case involving a major contributor to his campaign for election to that court.


=Incorporation

= While many state constitutions are modeled after the United States Constitution and federal laws, those state constitutions did not necessarily include provisions comparable to the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are th ...

Bill of Rights
. In ''
Barron v. Baltimore ''Barron v. Baltimore'', 32 U.S. (7 Pet.) 243 (1833), is a landmark A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In ...
'' (1833), the Supreme Court unanimously ruled that the Bill of Rights restrained only the federal government, not the states. However, the Supreme Court has subsequently held that most provisions of the Bill of Rights apply to the states through the Due Process Clause of the Fourteenth Amendment under a doctrine called "
incorporation Incorporation may refer to: * Incorporation (business), the creation of a corporation * Incorporation of a place, creation of municipal corporation such as a city or county * Incorporation (academic), awarding a degree based on the student having a ...
". Whether incorporation was intended by the amendment's framers, such as John Bingham, has been debated by legal historians. According to legal scholar , the framers and early supporters of the Fourteenth Amendment believed that it would ensure that the states would be required to recognize the same individual rights as the federal government; all these rights were likely understood as falling within the "privileges or immunities" safeguarded by the amendment. By the latter half of the 20th century, nearly all of the rights in the Bill of Rights had been applied to the states. The Supreme Court has held that the amendment's Due Process Clause incorporates all of the substantive protections of the
First First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record A world record is usually the best global and most important performance that is ever recorded and officially verified in a specific skill ...
,
Second The second (symbol: s, also abbreviated: sec) is the base unit of time Time is the continued sequence of existence and event (philosophy), events that occurs in an apparently irreversible process, irreversible succession from the past, th ...
, Fourth, Fifth (except for its Grand Jury Clause) and Sixth Amendments, along with the Excessive Fines Clause and Cruel and Unusual Punishment Clause of the Eighth Amendment. While the Third Amendment has not been applied to the states by the Supreme Court, the
Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals The United States courts of appeals or circuit courts are the intermediate appellate courts of the Un ...
ruled that it did apply to the states within that circuit's jurisdiction in '' Engblom v. Carey''. The Seventh Amendment right to jury trial in civil cases has been held not to be applicable to the states, but the amendment's Re-Examination Clause does apply to "a case tried before a jury in a state court and brought to the Supreme Court on appeal". The Excessive Fines Clause of the Eighth Amendment became the last right to be incorporated when the Supreme Court ruled in '' Timbs v. Indiana'' (2019) that right to apply to the states.


Equal Protection Clause

The Equal Protection Clause was created largely in response to the lack of equal protection provided by law in states with Black Codes. Under Black Codes, blacks could not sue, give evidence, or be witnesses. They also were punished more harshly than whites. The Supreme Court in '' Strauder v. West Virginia'' said the Fourteenth Amendment not only gave citizenship and the privileges of citizenship to persons of color, it denied to any State the power to withhold from them the equal protection of the laws, and authorized Congress to enforce its provisions by appropriate legislation. In 1880, the Supreme Court stated in ''Strauder v. West Virginia'' specifically that the Equal Protection Clause was The Equal Protection Clause applies to citizens and non-citizens alike. The clause mandates that individuals in similar situations be treated equally by the law. The purpose of the clause is not only to guarantee equality both in laws for security of person as well as in proceedings, but also to insure the "equal right to the laws of due process and impartially administered before the courts of justice". Although the text of the Fourteenth Amendment applies the Equal Protection Clause only against the states, the Supreme Court, since '' Bolling v. Sharpe'' (1954), has applied the clause against the federal government through the Due Process Clause of the Fifth Amendment under a doctrine called " reverse incorporation". In '' Yick Wo v. Hopkins'' (1886), the Supreme Court has clarified that the meaning of "person" and "within its jurisdiction" in the Equal Protection Clause would not be limited to discrimination against African Americans, but would extend to other races, colors, and nationalities such as (in this case) legal aliens in the United States who are Chinese citizens:'' Yick Wo v. Hopkins'', . Persons "within its jurisdiction" are entitled to equal protection from a state. Largely because the
Privileges and Immunities Clause The Privileges and Immunities Clause (U.S. Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. This founding document, originally comprising seven article ...
of Article IV has from the beginning guaranteed the privileges and immunities of citizens in the several states, the Supreme Court has rarely construed the phrase "within its jurisdiction" in relation to natural persons. In ''
Plyler v. Doe ''Plyler v. Doe'', 457 U.S. 202 (1982), was a case in which the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciary of the United States, federal judi ...
'' (1982), where the Court held that aliens illegally present in a state are ''within its jurisdiction'' and may thus raise equal protection claims''
Plyler v. Doe ''Plyler v. Doe'', 457 U.S. 202 (1982), was a case in which the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciary of the United States, federal judi ...
'', .
the Court explicated the meaning of the phrase "within its jurisdiction" as follows: " e of the phrase 'within its jurisdiction' confirms the understanding that the Fourteenth Amendment's protection extends to anyone, citizen or stranger, who is subject to the laws of a State, and reaches into every corner of a State's territory." The Court reached this understanding among other things from Senator Howard, a member of the Joint Committee of Fifteen, and the floor manager of the amendment in the Senate. Senator Howard was explicit about the broad objectives of the Fourteenth Amendment and the intention to make its provisions applicable to all who "may happen to be" within the jurisdiction of a state: The relationship between the Fifth and Fourteenth Amendments was addressed by Justice Field in ''Wong Wing v. United States'' (1896). He observed with respect to the phrase "within its jurisdiction": "The term 'person', used in the Fifth Amendment, is broad enough to include any and every human being within the jurisdiction of the republic. A resident, alien born, is entitled to the same protection under the laws that a citizen is entitled to. He owes obedience to the laws of the country in which he is domiciled, and, as a consequence, he is entitled to the equal protection of those laws. ... The contention that persons within the territorial jurisdiction of this republic might be beyond the protection of the law was heard with pain on the argument at the bar—in face of the great constitutional amendment which declares that no State shall deny to any person within its jurisdiction the equal protection of the laws." The Supreme Court also decided whether foreign corporations are also ''within the jurisdiction'' of a state, ruling that a foreign corporation which sued in a state court in which it was not licensed to do business to recover possession of property wrongfully taken from it in another state was ''within the jurisdiction'' and could not be subjected to unequal burdens in the maintenance of the suit. When a state has admitted a foreign corporation to do business within its borders, that corporation is entitled to equal protection of the laws but not necessarily to identical treatment with domestic corporations. In '' Santa Clara County v. Southern Pacific Railroad'' (1886), the court reporter included a statement by Chief Justice
Morrison Waite Morrison Remick "Mott" Waite (November 29, 1816 – March 23, 1888) was an attorney, judge, and politician from Ohio Ohio is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Of the List of ...
in the decision's headnote: This
dictum In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal term ...
, which established that corporations enjoyed
personhood Personhood is the status of being a person A person (plural people or persons) is a being that has certain capacities or attributes such as reason Reason is the capacity of consciously applying logic by Logical consequence, drawing conclusion ...
under the Equal Protection Clause, was repeatedly reaffirmed by later courts. It remained the predominant view throughout the twentieth century, though it was challenged in dissents by justices such as
Hugo Black Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator The United States Senate is the upper chamber of the United States Congress The United S ...

Hugo Black
and . Between 1890 and 1910, Fourteenth Amendment cases involving corporations vastly outnumbered those involving the rights of blacks, 288 to 19. In the decades following the adoption of the Fourteenth Amendment, the Supreme Court overturned laws barring blacks from
juries A jury is a sworn body of people (the jurors) convened to render an impartial verdict In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's d ...
('' Strauder v. West Virginia'', 1880) or discriminating against
Chinese American Chinese Americans are Americans Americans are the and of the .; ; ''Ricketts v. Attorney General''897 F.3d 491, 494 n.3 (3d Cir. 2018) (" and are not ous. While all citizens are nationals, not all nationals are citizens."); ''United ...
s in the regulation of laundry businesses (''Yick Wo v. Hopkins'', 1886), as violations of the Equal Protection Clause. However, in ''
Plessy v. Ferguson ''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, U.S. Supreme Court in which the Court ruled that racial segregation laws did ...
'' (1896), the Supreme Court held that the states could impose
racial segregation Racial segregation is the systematic separation of people into race (human classification), racial or other Ethnicity, ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crimes against hum ...
so long as they provided similar facilities—the formation of the "
separate but equal Separate but equal was a legal doctrine in United States constitutional law United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution The Constitution of the Un ...
" doctrine. The Court went even further in restricting the Equal Protection Clause in '' Berea College v. Kentucky'' (1908), holding that the states could force private actors to discriminate by prohibiting colleges from having both black and white students. By the early 20th century, the Equal Protection Clause had been eclipsed to the point that Justice
Oliver Wendell Holmes, Jr. Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932.And as Acting Chief Justice of the United States in January–Fe ...
dismissed it as "the usual last resort of constitutional arguments". The Court held to the "separate but equal" doctrine for more than fifty years, despite numerous cases in which the Court itself had found that the segregated facilities provided by the states were almost never equal, until '' Brown v. Board of Education'' (1954) reached the Court. In ''Brown'' the Court ruled that even if segregated black and white schools were of equal quality in facilities and teachers, segregation was inherently harmful to black students and so was unconstitutional. ''Brown'' met with a campaign of resistance from white Southerners, and for decades the federal courts attempted to enforce ''Brown''s mandate against repeated attempts at circumvention. This resulted in the controversial
desegregation busing Race-integration busing in the United States (also known as simply busing or by its critics as forced busing) was the practice of assigning and transporting students to schools within or outside their local school districts in an effort to divers ...
decrees handed down by federal courts in various parts of the nation. In '' Parents Involved in Community Schools v. Seattle School District No. 1'' (2007), the Court ruled that race could not be the determinative factor in determining to which public schools parents may transfer their children. In ''
Plyler v. Doe ''Plyler v. Doe'', 457 U.S. 202 (1982), was a case in which the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciary of the United States, federal judi ...
'' (1982) the Supreme Court struck down a Texas statute denying free public education to illegal immigrants as a violation of the Equal Protection Clause of the Fourteenth Amendment because discrimination on the basis of illegal immigration status did not further a substantial state interest. The Court reasoned that illegal aliens and their children, though not citizens of the United States or Texas, are people "in any ordinary sense of the term" and, therefore, are afforded Fourteenth Amendment protections. In '' Hernandez v. Texas'' (1954), the Court held that the Fourteenth Amendment protects those beyond the racial classes of white or "
Negro In the English language, negro is a term historically used to denote persons considered to be of Black Black is a color which results from the absence or complete absorption of visible light Light or visible light is electromagneti ...

Negro
" and extends to other racial and ethnic groups, such as
Mexican American Mexican Americans ( es, mexicano-estadounidenses or ) are Americans Americans are the Citizenship of the United States, citizens and United States nationality law, nationals of the United States of America.; ; ''Ricketts v. Attorney Gene ...
s in this case. In the half-century following ''Brown'', the Court extended the reach of the Equal Protection Clause to other historically disadvantaged groups, such as women and illegitimate children, although it has applied a somewhat less stringent standard than it has applied to governmental discrimination on the basis of race ('' United States v. Virginia'' (1996); '' Levy v. Louisiana'' (1968)). The Supreme Court ruled in '' Regents of the University of California v. Bakke'' (1978) that
affirmative action Affirmative action refers to a set of policies and practices within a government or organization seeking to increase the representation of particular groups based on their gender, race, sexuality, creed or nationality in areas in which they are u ...
in the form of
racial quota Racial quotas in employment and education are numerical requirements for hiring, promoting, admitting and/or graduating members of a particular Race (classification of human beings), racial group. Racial quotas are often established as means of dim ...
s in
public university #REDIRECT Public university #REDIRECT Public university #REDIRECT Public university#REDIRECT Public university A public university or public college is a university or college that is in state ownership or receives significant Government spending, ...
admissions was a violation of Title VI of the
Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individual ...
; however, race could be used as one of several factors without violating of the Equal Protection Clause or Title VI. In '' Gratz v. Bollinger'' (2003) and '' Grutter v. Bollinger'' (2003), the Court considered two race-conscious admissions systems at the
University of Michigan , mottoeng = "Arts, Knowledge, Truth" , former_names = Catholepistemiad, or University of Michigania (1817–1821) , budget = $8.99 billion (2018) , endowment = $17 billion (2021)As of October 25, 2021. ...

University of Michigan
. The university claimed that its goal in its admissions systems was to achieve
racial diversity A race is a grouping of human Humans (''Homo sapiens'') are the most populous and widespread species of primates, characterized by bipedality, opposable thumbs, hairlessness, and intelligence allowing the use of culture, language and too ...
. In ''Gratz'', the Court struck down a points-based undergraduate admissions system that added points for minority status, finding that its rigidity violated the Equal Protection Clause; in ''Grutter'', the Court upheld a race-conscious admissions process for the university's law school that used race as one of many factors to determine admission. In '' Fisher v. University of Texas'' (2013), the Court ruled that before race can be used in a public university's admission policy, there must be no workable race-neutral alternative. In '' Schuette v. Coalition to Defend Affirmative Action'' (2014), the Court upheld the constitutionality of a state constitutional prohibition on the state or local use of affirmative action. ''
Reed v. Reed ''Reed v. Reed'', 404 U.S. 71 (1971), was a landmark decision Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the ...
'' (1971), which struck down an Idaho probate law favoring men, was the first decision in which the Court ruled that arbitrary gender discrimination violated the Equal Protection Clause. In '' Craig v. Boren'' (1976), the Court ruled that statutory or administrative sex classifications had to be subjected to an intermediate standard of judicial review. ''Reed'' and ''Craig'' later served as precedents to strike down a number of state laws discriminating by gender. Since '' Wesberry v. Sanders'' (1964) and ''
Reynolds v. Sims ''Reynolds v. Sims'', 377 U.S. 533 (1964), was a United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the Federal judiciary of the United States, federal judiciary of the United States of Ame ...
'' (1964), the Supreme Court has interpreted the Equal Protection Clause as requiring the states to apportion their congressional districts and state legislative seats according to "
one man, one vote#REDIRECT One man, one vote One man, one vote (or one person, one vote) expresses the principle that individuals should have equal representation in voting. This slogan is used by advocates of political equality to refer to such electoral reforms ...
". The Court has also struck down redistricting plans in which race was a key consideration. In '' Shaw v. Reno'' (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations. The Equal Protection Clause served as the basis for the decision in '' Bush v. Gore'' (2000), in which the Court ruled that no constitutionally valid recount of Florida's votes in the 2000 presidential election could be held within the needed deadline; the decision effectively secured Bush's victory in the disputed election. In ''
League of United Latin American Citizens v. Perry ''League of United Latin American Citizens v. Perry'', 548 U.S. 399 (2006), is a Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciary of the United Sta ...
'' (2006), the Court ruled that
House Majority Leader Party leaders and whips of the United States House of Representatives The United States House of Representatives is the lower house of the United States Congress, with the United States Senate, Senate being the upper house. Together they ...
Tom DeLay Thomas Dale DeLay (; born April 8, 1947) is an American author and retired politician who served as a member of the United States House of Representatives, representing Texas's 22nd congressional district from 1985 until 2006. He was Republica ...
's Texas redistricting plan intentionally diluted the votes of
Latinos Hispanic and Latino Americans ( es, Estadounidenses hispanos y latinos; pt, Estadunidenses hispânicos e latinos) are Americans Americans are the citizens Citizenship is a relationship between an individual and a state to which th ...

Latinos
and thus violated the Equal Protection Clause.


State actor doctrine

Before '' United States v. Cruikshank'', 92 U.S. 542 (1876) was decided by United States Supreme Court, the case was decided as a circuit case (Federal Cases No. 14897). Presiding of this circuit case was judge
Joseph P. Bradley Joseph Philo Bradley (March 14, 1813 – January 22, 1892) was an American jurist best known for his service on the United States Supreme Court, and on the Electoral Commission that decided the disputed 1876 presidential election. Early lif ...
who wrote at page 710 of Federal Cases No. 14897 regarding the Fourteenth Amendment to the United States Constitution: The above quote was quoted by United Supreme Court in ''
United States v. Harris ''United States v. Harris'', 106 U.S. 629 (1883), or the ''Ku Klux Kase'', was a case in which the US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of Amer ...
'', 106 U.S. 629 (1883) and supplemented by a quote from the majority opinion in '' United States v. Cruikshank'', 92 U.S. 542 (1876) as written by Chief Justice
Morrison Waite Morrison Remick "Mott" Waite (November 29, 1816 – March 23, 1888) was an attorney, judge, and politician from Ohio Ohio is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Of the List of ...
: Individual liberties guaranteed by the United States Constitution, other than the Thirteenth Amendment's ban on slavery, protect not against actions by private persons or entities, but only against actions by government officials. Regarding the Fourteenth Amendment, the Supreme Court ruled in '' Shelley v. Kraemer'' (1948): " e action inhibited by the first section of the Fourteenth Amendment is only such action as may fairly be said to be that of the States. That Amendment erects no shield against merely private conduct, however discriminatory or wrongful." The court added in ''
Civil Rights Cases The ''Civil Rights Cases'', 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciar ...
'' (1883): "It is State action of a particular character that is prohibited. Individual invasion of individual rights is not the subject matter of the amendment. It has a deeper and broader scope. It nullifies and makes void all State legislation, and State action of every kind, which impairs the privileges and immunities of citizens of the United States, or which injures them in life, liberty, or property without due process of law, or which denies to any of them the equal protection of the laws." Vindication of federal constitutional rights are limited to those situations where there is "state action" meaning action of government officials who are exercising their governmental power. In ''Ex parte Virginia'' (1880), the Supreme Court found that the prohibitions of the Fourteenth Amendment "have reference to actions of the political body denominated by a State, by whatever instruments or in whatever modes that action may be taken. A State acts by its legislative, its executive, or its judicial authorities. It can act in no other way. The constitutional provision, therefore, must mean that no agency of the State, or of the officers or agents by whom its powers are exerted, shall deny to any person within its jurisdiction the equal protection of the laws. Whoever, by virtue of public position under a State government, deprives another of property, life, or liberty, without due process of law, or denies or takes away the equal protection of the laws, violates the constitutional inhibition; and as he acts in the name and for the State, and is clothed with the State's power, his act is that of the State."''Jackson v. Metropolitan Edison Co'', . There are however instances where people are the victims of civil-rights violations that occur in circumstances involving both government officials and private actors. In the 1960s, the United States Supreme Court adopted an expansive view of state action opening the door to wide-ranging civil-rights litigation against private actors when they act as
state actor In United States The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a country Contiguous United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington ...
s (i.e., acts done or otherwise "sanctioned in some way" by the state). The Court found that the state action doctrine is equally applicable to denials of privileges or immunities, due process, and equal protection of the laws. The critical factor in determining the existence of state action is not governmental involvement with private persons or private corporations, but "the inquiry must be whether there is a sufficiently close nexus between the State and the challenged action of the regulated entity so that the action of the latter may be fairly treated as that of the State itself". "Only by sifting facts and weighing circumstances can the nonobvious involvement of the State in private conduct be attributed its true significance." The Supreme Court asserted that plaintiffs must establish not only that a private party "acted under color of the challenged statute, but also that its actions are properly attributable to the State".'' Flagg Bros., Inc. v. Brooks'', . "And the actions are to be attributable to the State apparently only if the State compelled the actions and not if the State merely established the process through statute or regulation under which the private party acted." The rules developed by the Supreme Court for business regulation are that (1) the "mere fact that a business is subject to state regulation does not by itself convert its action into that of the State for purposes of the Fourteenth Amendment", and (2) "a State normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must be deemed to be that of the State".


Section 2: Apportionment of Representatives

Under Article I, Section 2, Clause 3, the basis of representation of each state in the
House of Representatives House of Representatives is the name of legislative bodies A legislature is a deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) who use parliamentary procedure Parliamentary procedure is ...
was determined by adding three-fifths of each state's slave population to its free population. Because slavery (except as punishment for crime) had been abolished by the Thirteenth Amendment, the freed slaves would henceforth be given full weight for purposes of apportionment. This situation was a concern to the Republican leadership of Congress, who worried that it would increase the political power of the former slave states, even as such states continued to deny freed slaves the right to vote. Two solutions were considered: * reduce the Congressional representation of the former slave states (for example, by basing representation on the number of legal voters rather than the number of inhabitants) * guarantee freed slaves the right to vote On January 31, 1866, the House of Representatives voted in favor of a proposed constitutional amendment that would reduce a state's representation in the House in proportion to which that state used "race or color" as a basis to deny the right to vote in that state. The amendment failed in the Senate, partly because radical Republicans foresaw that states would be able to use ostensibly race-neutral criteria, such as educational and property qualifications, to disenfranchise the freed slaves without negative consequence. So the amendment was changed to penalize states in which the vote was denied to male citizens over twenty-one for ''any'' reason other than participation in crime. Later, the Fifteenth Amendment was adopted to guarantee the right to vote could not be denied based on race or color. The effect of Section 2 was twofold: * Although the three-fifths clause was not formally repealed, it was effectively removed from the Constitution. In the words of the Supreme Court in '' Elk v. Wilkins'', Section2 "abrogated so much of the corresponding clause of the original Constitution as counted only three-fifths of such persons
lavesLaves may refer to: * Fritz Laves (1906-1978), a German mineralogist and crystallographer, best known for his description of the intermetallic An intermetallic (also called an intermetallic compound, intermetallic alloy, ordered intermetallic all ...
. * It was intended to penalize, by means of reduced Congressional representation, states that withheld the franchise from adult male citizens for any reason other than participation in crime. This, it was hoped, would induce the former slave states to recognize the political rights of the former slaves, without directly forcing them to do so—something that it was thought the states would not accept.


Enforcement

The first reapportionment after the enactment of the Fourteenth Amendment occurred in 1873, based on the 1870 census. Congress appears to have attempted to enforce the provisions of Section 2, but was unable to identify enough disenfranchised voters to make a difference to any state's representation. In the implementing statute, Congress added a provision stating that A nearly identical provision remains in federal law to this day. Despite this legislation, in subsequent reapportionments, no change has ever been made to any state's Congressional representation on the basis of the Amendment. Bonfield, writing in 1960, suggested that " e hot political nature of such proposals has doomed them to failure". Aided by this lack of enforcement,
southern states Southern States may refer to: *The independent states of the Southern hemisphere The Southern Hemisphere is the half (hemisphere Hemisphere may refer to: * A half of a sphere As half of the Earth * A hemispheres of Earth, hemisphere of Earth ...
continued to use pretexts to prevent many blacks from voting until the passage of the
Voting Rights Act of 1965 Voting is a method for a group, such as a meeting or an electorate Electorate may refer to: * The people who are eligible to vote in an Election#Electorate, election, especially their number e.g. the term ''size of (the) electorate'' * The dom ...
. In the
Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a United States federal court, federal court located in Richmond, Virginia, with appellate jurisdiction over the United States district court, district cou ...
case of ''Saunders v Wilkins'' (1945), Saunders claimed that Virginia should have its Congressional representation reduced because of its use of a
poll tax A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources. Head taxes were important sources of revenue for many governments fr ...
and other voting restrictions. The plaintiff sued for the right to run for Congress at large in the state, rather than in one of its designated Congressional districts. The lawsuit was dismissed as a
political question In United States constitutional law United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution The Constitution of the United States is the supreme law of the U ...
.


Influence on voting rights

Some have argued that Section 2 was implicitly repealed by the Fifteenth Amendment, but the Supreme Court acknowledged Section2 in later decisions. In '' Minor v. Happersett'' (1875), the Supreme Court cited Section2 as supporting its conclusion that the right to vote was not among the "privileges and immunities of citizenship" protected by Section 1. Women would not achieve equal voting rights throughout the United States until the adoption of Nineteenth Amendment in 1920. In ''
Richardson v. Ramirez ''Richardson v. Ramirez'', 418 U.S. 24 (1974), is a decision by the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciary of the United States, federal ...
'' (1974), the Court cited Section2 as justifying the states disenfranchising felons. In '' Hunter v. Underwood'' (1985), a case involving disenfranchising black misdemeanants, the Supreme Court concluded that the Tenth Amendment cannot save legislation prohibited by the subsequently enacted Fourteenth Amendment. More specifically the Court concluded that laws passed with a discriminatory purpose are not excepted from the operation of the Equal Protection Clause by the "other crime" provision of Section 2. The Court held that Section2 "was not designed to permit the purposeful racial discrimination ..which otherwise violates ection of the Fourteenth Amendment."


Criticism

Abolitionist leaders criticized the amendment's failure to specifically prohibit the states from denying people the right to vote on the basis of race. Section 2 protects the right to vote only of adult males, not adult females, making it the only provision of the Constitution to explicitly discriminate on the basis of sex. Section2 was condemned by women's suffragists, such as
Elizabeth Cady Stanton Elizabeth Cady Stanton (November 12, 1815 – October 26, 1902) was an American writer and activist who was a leader of the women's rights movement in the U.S. during the mid- to late-1800s. She was the main force behind the 1848 Seneca Falls C ...

Elizabeth Cady Stanton
and , who had long seen their cause as linked to that of black rights. The separation of black civil rights from women's civil rights split the two movements for decades.


Section 3: Disqualification from office for insurrection or rebellion

Soon after losing the
Civil War A civil war, also known as an intrastate war in polemology, is a war War is an intense armed conflict between states State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine publis ...
in 1865, states that had been part of the
Confederacy Confederacy may refer to: A confederation, an association of sovereign states or communities. Examples include: * Battle of the Trench, Confederate tribes * Confederate States of America, a confederation of secessionist American states that existed ...

Confederacy
began to send "unrepentant" former Confederates (such as the Confederacy's former vice president, Alexander H. Stephens) to Washington as Senators and Representatives. Congress refused to seat them and drafted Section 3 to perpetuate, as a constitutional imperative, that any who violate their oath to the Constitution are to be barred from public office. Section 3 disqualifies from federal or state office anyone who, having taken an oath as a public official to support the Constitution, subsequently engages in "insurrection or rebellion" against United States or gives "aid and comfort" to its enemies. Southerners strongly opposed it, arguing it would hurt reunification of the country. Section 3 does not specify how it is to be invoked, but by precedent disqualification is imposed by simple majorities of the House and Senate (separately), and can be removed by a supermajority of each. After the amendment's adoption in 1868, disqualification was seldom enforced in the South. At the urging of President
Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant; ; April 27, 1822July 23, 1885) was an American military leader who served as the 18th president of the United States The president of the United States (POTUS) is the head of state and he ...

Ulysses S. Grant
, in 1872 Congress passed the Amnesty Act, which removed the disqualification from all but the most senior Confederates. In 1898, as a "gesture of national unity" during the
Spanish–American War The Spanish–American War (April 21 – August 13, 1898, es, Guerra hispano-estadounidense or ; fil, Digmaang Espanyol-Amerikano) was an armed conflict War is an intense armed conflict between State (polity), states, governments, S ...
, Congress passed another law broadening the amnesty. Congress posthumously lifted the disqualification from Confederate general
Robert E. Lee Robert Edward Lee (January 19, 1807 – October 12, 1870) was an American Confederate general best known for his service to the Confederate States of America The Confederate States of America (CSA), commonly referred to as the Co ...

Robert E. Lee
in 1975, and Confederate president
Jefferson Davis Jefferson Finis Davis (June 3, 1808December 6, 1889) was an American politician who served as the president of the Confederate States The president of the Confederate States was the head of state A head of state (or chief of state) i ...

Jefferson Davis
in 1978. These waivers do not bar Section 3 from being used today. Since
Reconstruction Reconstruction may refer to: Politics, history, and sociology *Reconstruction (law), the transfer of a company's (or several companies') business to a new company *''Perestroika'' (Russian for "reconstruction"), a late 20th century Soviet Union ...
, Section 3 has been invoked only once: it was used to block
Socialist Party of America The Socialist Party of America (SPA) was a socialist Socialism is a political Politics (from , ) is the set of activities that are associated with Decision-making, making decisions in Social group, groups, or other forms of Power (so ...
member of
Wisconsin Wisconsin () is a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspaper ...

Wisconsin
convicted of violating the
Espionage Act The Espionage Act of 1917 is a United States federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, which prescribes the foundation o ...
for opposing US entry into
World War I World War I, often abbreviated as WWI or WW1, also known as the First World War or the Great War, was a global war A world war is "a war engaged in by all or most of the principal nations of the world". The term is usually reserved for ...

World War I
from assuming his seat in the House of Representatives in 1919 and 1920. Berger's conviction was overturned by the
Supreme Court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

Supreme Court
in '' Berger v. United States'' (1921), after which he was elected to three successive terms in the 1920s; he was seated for all three terms.


2021 United States Capitol attack

On January 10, 2021,
Nancy Pelosi Nancy Patricia Pelosi (; ; born March 26, 1940) is an American politician serving as Speaker of the United States House of Representatives The speaker of the United States House of Representatives, commonly known as the speaker of the H ...

Nancy Pelosi
, the
Speaker of the House File:Marshal's chair Sejm Plenary Hall.JPG, 250px, Marshal's chair in the Sejm of the Republic of Poland, Sejm, lower chamber of the Polish Parliament The speaker of a deliberative assembly, especially a Legislature, legislative body, is its chai ...
, formally requested Representatives' input as to whether to pursue Section 3 disqualification of former US president Donald Trump because of his role in the attack on the United States Capitol on January 6. Unlike
impeachment Impeachment is the process by which a legislative body A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) ...
, which requires a supermajority to convict, disqualification under Section 3 would only require a simple majority of each house of Congress. The Section 3 disqualification could be imposed by Congress passing a law or a nonbinding resolution stating that the January 6 riot was an insurrection, and that anyone who swore to uphold the Constitution and who incited or participated in the riot is disqualified under Section 3. Some legal experts believe a court would then be required to make a final determination that Trump was disqualified under Section 3. A state may also make a determination that Trump is disqualified under Section 3 from appearing on that state's ballot. Trump could appeal in court any disqualification by Congress or by a state. In addition to state or federal legislative action, a court action could be brought against Trump seeking his disqualification under Section 3. On January 11, 2021, Representative
Cori Bush Cori Anika Bush (born July 21, 1976) is an American politician, registered nurse, pastor, and activist serving as the U.S. Representative for . The district includes all of the city of St. Louis and most of northern St. Louis County. A memb ...
(Democrat from Missouri) and 47 cosponsors introduced a resolution calling for expulsion, under Section 3, of members of Congress who voted against certifying the results of the 2020 US presidential election or incited the January 6 riot. Those named in the resolution included Republican Representatives of Alabama and
Louie Gohmert Louis Buller Gohmert Jr. (; born August 18, 1953) is an American attorney and former judge currently serving as the U.S. Representative from Texas Texas (, ) is a state in the South Central United States, South Central region of the Unit ...
of Texas, who took part in the rally that preceded the riot, and Republican Senators
Josh Hawley Joshua David Hawley (born December 31, 1979) is an American politician, lawyer, and former professor who has served as the Seniority in the United States Senate, junior United States Senate, United States senator from Missouri since 2019. A mem ...

Josh Hawley
of Missouri and
Ted Cruz Rafael Edward "Ted" Cruz (; born December 22, 1970) is an American politician and attorney serving as the for since 2013. A member of the , Cruz served as from 2003 to 2008. After graduating from and , Cruz pursued a career in politi ...
of Texas, who objected to counting electoral votes to certify the 2020 presidential election result.


Section 4: Validity of public debt

Section 4 confirmed the legitimacy of all
public debt In public finance Public finance is the study of the role of the government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and me ...
appropriated by the Congress. It also confirmed that neither the United States nor any state would pay for the loss of slaves or debts that had been incurred by the Confederacy. For example, during the
Civil War A civil war, also known as an intrastate war in polemology, is a war War is an intense armed conflict between states State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine publis ...
several British and French banks had lent large sums of money to the Confederacy to support its war against the Union. In ''Perry v. United States'' (1935), the Supreme Court ruled that under Section4 voiding a United States bond "went beyond the congressional power". The debt-ceiling crises of
2011 A series of protests and government overthrows, known as the Arab Spring The Arab Spring ( ar, الربيع العربي) was a series of anti-government protests, uprisings, and armed rebellions that spread across much of the Arab worl ...
and
2013 2013 was designated as: *International Year of Water Cooperation *International Year of Quinoa Quinoa (''Chenopodium quinoa''; or , from Quechuan languages, Quechua ' or ') is a flowering plant in the Amaranthaceae, amaranth family. It ...
raised the question of what is the President's authority under Section 4. During the 2011 crisis, former President
Bill Clinton William Jefferson Clinton ('' né'' Blythe III; born August 19, 1946) is an American politician and attorney who served as the 42nd president of the United States The president of the United States (POTUS) is the head of state and ...

Bill Clinton
said he would invoke the Fourteenth Amendment to raise the debt ceiling if he were still in office, and force a ruling by the Supreme Court. Some, such as legal scholar
Garrett Epps Garrett Epps (born 1950 in Richmond, Virginia (Thus do we reach the stars) , image_map = , mapsize = 250 px , map_caption = Location within Virginia , pushpin_map ...

Garrett Epps
, fiscal expert
Bruce Bartlett Bruce Reeves Bartlett (born October 11, 1951) is an American historian and author. He served as a domestic policy adviser to Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician who served as ...
and Treasury Secretary
Timothy Geithner Timothy Franz Geithner (; born August 18, 1961) is a former American central bank A central bank, reserve bank, or monetary authority is an institution that manages the currency and monetary policy of a State (polity), state or formal moneta ...
, have argued that a debt ceiling may be unconstitutional and therefore void as long as it interferes with the duty of the government to pay interest on outstanding bonds and to make payments owed to pensioners (that is,
Social Security Welfare (or commonly, social welfare) is a type of government support intended to ensure that members of a society can meet basic human needs Maslow's hierarchy of needs is an idea in psychology Psychology is the science of mind and ...
and Railroad Retirement Act recipients). Legal analyst Jeffrey Rosen has argued that Section4 gives the President unilateral authority to raise or ignore the national debt ceiling, and that if challenged the Supreme Court would likely rule in favor of expanded executive power or dismiss the case altogether for lack of
standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle The a ...
.
Erwin Chemerinsky Erwin Chemerinsky (born May 14, 1953) is an American legal scholar known for his studies of United States constitutional law and federal civil procedure. He served as the founding Dean (education), dean of the University of California, Irvine Schoo ...
, professor and dean at
University of California, Irvine School of Law The University of California, Irvine School of Law is the law school A law school (also known as a law centre or college of law) is an institution specializing in legal education Legal education is the education of individuals in the prin ...
, has argued that not even in a "dire financial emergency" could the President raise the debt ceiling as "there is no reasonable way to interpret the Constitution that llows him to do so.
Jack Balkin Jack M. Balkin (born August 13, 1956) is an American legal scholar. He is the Knight Professor of Constitutional Law and the First Amendment at Yale Law School Yale Law School (often referred to as Yale Law or YLS) is the law school of Yale Univ ...

Jack Balkin
, Knight Professor of Constitutional Law at
Yale University Yale University is a private Private or privates may refer to: Music * "In Private "In Private" was the third single in a row to be a charting success for United Kingdom, British singer Dusty Springfield, after an absence of nearly two ...
, opined that like Congress the President is bound by the Fourteenth Amendment, for otherwise, he could violate any part of the amendment at will. Because the President must obey the Section4 requirement not to put the validity of the public debt into question, Balkin argued that President Obama would have been obliged "to prioritize incoming revenues to pay the public debt, interest on government bonds and any other 'vested' obligations. What falls into the latter category is not entirely clear, but a large number of other government obligations—and certainly payments for future services—would not count and would have to be sacrificed. This might include, for example,
Social Security Welfare (or commonly, social welfare) is a type of government support intended to ensure that members of a society can meet basic human needs Maslow's hierarchy of needs is an idea in psychology Psychology is the science of mind and ...
payments."


Section 5: Power of enforcement

The opinion of the Supreme Court in ''The
Slaughter-House Cases The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision that held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that ar ...
'', 83 U.S. (16 Wall.) 36 (1873) stated with a view to the
Reconstruction Amendments The , or the , are the Thirteenth In music or music theory, a thirteenth is the Musical note, note thirteen scale degrees from the root (chord), root of a chord (music), chord and also the interval (music), interval between the root an ...
and about the Fourteenth Amendment's Section5
Enforcement Clause A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language "''The United States Congress, Congress shall have power to enforce this article by appropriate legislation''" is used, with s ...
in light of said Amendent's
Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstr ...
: Section 5, also known as the Enforcement Clause of the Fourteenth Amendment, enables Congress to pass laws enforcing the amendment's other provisions. In ''Ex Parte Virginia'' (1879) the U.S. Supreme Court explained the scope of Congress’ §5 power in the following broad terms: "Whatever legislation is appropriate, that is, adapted to carry out the objects the amendments have in view, whatever tends to enforce submission to the prohibitions they contain, and to secure to all persons the enjoyment of perfect equality of civil rights and the equal protection of the laws against State denial or invasion, if not prohibited, is brought within the domain of congressional power." In the ''
Civil Rights Cases The ''Civil Rights Cases'', 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciar ...
'' (1883),''Civil Rights Cases'', . the Supreme Court interpreted Section5 narrowly, stating that "the legislation which Congress is authorized to adopt in this behalf is not general legislation upon the rights of the citizen, but corrective legislation". In other words, the amendment authorizes Congress to pass laws only to combat violations of the rights protected in other sections. In '' Katzenbach v. Morgan'' (1966), the Court upheld Section 4(e) of the
Voting Rights Act of 1965 Voting is a method for a group, such as a meeting or an electorate Electorate may refer to: * The people who are eligible to vote in an Election#Electorate, election, especially their number e.g. the term ''size of (the) electorate'' * The dom ...
, which prohibits certain forms of literacy requirements as a condition to vote, as a valid exercise of Congressional power under Section5 to enforce the Equal Protection Clause. The Court ruled that Section5 enabled Congress to act both remedially and prophylactically to protect the rights guaranteed by the amendment. However, in '' City of Boerne v. Flores'' (1997), the Court narrowed Congress's enforcement power, holding that Congress may not enact legislation under Section5 that substantively defines or interprets Fourteenth Amendment rights. The Court ruled that legislation is valid under Section5 only if there is a "congruence and proportionality" between the injury to a person's Fourteenth Amendment right and the means Congress adopted to prevent or remedy that injury.


Selected Supreme Court cases


Citizenship

* 1884: '' Elk v. Wilkins'' * 1898: '' United States v. Wong Kim Ark'' * 1967: '' Afroyim v. Rusk'' * 1980: '' Vance v. Terrazas''


Privileges or immunities

* 1873: ''
Slaughter-House Cases The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision that held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that ar ...
'' * 1875: '' Minor v. Happersett'' * 1908: '' Twining v. New Jersey'' * 1920: '' United States v. Wheeler'' * 1948: '' Oyama v. California'' * 1999: '' Saenz v. Roe''


Incorporation

* 1833: ''
Barron v. Baltimore ''Barron v. Baltimore'', 32 U.S. (7 Pet.) 243 (1833), is a landmark A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In ...
'' * 1873: ''
Slaughter-House Cases The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision that held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that ar ...
'' * 1883: ''
Civil Rights Cases The ''Civil Rights Cases'', 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciar ...
'' * 1884: ''
Hurtado v. California ''Hurtado v. California'', 110 U.S. 516 (1884),. was a landmark case decided by the Supreme Court of the United States, United States Supreme Court that allowed State governments of the United States, state governments, as distinguished from the Fed ...
'' * 1897: '' Chicago, Burlington & Quincy Railroad v. Chicago'' * 1900: '' Maxwell v. Dow'' * 1908: '' Twining v. New Jersey'' * 1925: '' Gitlow v. New York'' * 1932: ''
Powell v. Alabama ''Powell v. Alabama'', 287 U.S. 45 (1932), was a landmark United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America The United States of ...
'' * 1937: ''
Palko v. Connecticut ''Palko v. Connecticut'', 302 U.S. 319 (1937), was a Supreme Court of the United States, United States Supreme Court case concerning the Incorporation (Bill of Rights), incorporation of the Fifth Amendment to the United States Constitution, Fifth A ...
'' * 1947: '' Adamson v. California'' * 1952: ''
Rochin v. California ''Rochin v. California'', 342 U.S. 165 (1952), was a case decided by the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciary of the United States, fe ...
'' * 1961: '' Mapp v. Ohio'' * 1962: '' Robinson v. California'' * 1963: '' Gideon v. Wainwright'' * 1964: ''
Malloy v. Hogan ''Malloy v. Hogan'', 378 U.S. 1 (1964), was a case in which the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciary of the United States, federal ju ...
'' * 1967: '' Reitman v. Mulkey'' * 1968: '' Duncan v. Louisiana'' * 1969: '' Benton v. Maryland'' * 1970: '' Goldberg v. Kelly'' * 1972: '' Furman v. Georgia'' * 1974: '' Goss v. Lopez'' * 1975: '' O'Connor v. Donaldson'' * 1976: '' Gregg v. Georgia'' * 2010: '' McDonald v. Chicago'' * 2019: '' Timbs v. Indiana''


Substantive due process

* 1876: '' Munn v. Illinois'' * 1887: '' Mugler v. Kansas'' * 1897: '' Allgeyer v. Louisiana'' * 1905: '' Lochner v. New York'' * 1908: '' Muller v. Oregon'' * 1923: '' Adkins v. Children's Hospital'' * 1923: '' Meyer v. Nebraska'' * 1925: ''
Pierce v. Society of Sisters ''Pierce v. Society of Sisters'', 268 U.S. 510 (1925), was an early 20th-century United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the Federal judiciary of the United States, federal judicia ...
'' * 1934: '' Nebbia v. New York'' * 1937: ''West Coast Hotel Co. v. Parrish'' * 1965: ''
Griswold v. Connecticut ''Griswold v. Connecticut'', 381 U.S. 479 (1965), was a landmark decision Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantia ...
'' * 1973: '' Roe v. Wade'' * 1992: '' Planned Parenthood v. Casey'' * 1996: ''BMW of North America, Inc. v. Gore'' * 1997: ''Washington v. Glucksberg'' * 2003: ''State Farm v. Campbell'' * 2003: '' Lawrence v. Texas'' * 2015: '' Obergefell v. Hodges''


Equal protection

* 1880: '' Strauder v. West Virginia'' * 1886: '' Yick Wo v. Hopkins'' * 1886: '' Santa Clara County v. Southern Pacific Railroad'' * 1896: ''
Plessy v. Ferguson ''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, U.S. Supreme Court in which the Court ruled that racial segregation laws did ...
'' * 1908: '' Berea College v. Kentucky'' * 1917: ''Buchanan v. Warley'' * 1942: ''Skinner v. Oklahoma'' * 1944: ''Korematsu v. United States'' * 1948: '' Shelley v. Kraemer'' * 1954: '' Hernandez v. Texas'' * 1954: '' Brown v. Board of Education'' * 1954: '' Bolling v. Sharpe'' * 1962: ''Baker v. Carr'' * 1967: ''Loving v. Virginia'' * 1971: ''
Reed v. Reed ''Reed v. Reed'', 404 U.S. 71 (1971), was a landmark decision Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the ...
'' * 1971: ''Palmer v. Thompson'' * 1972: ''Eisenstadt v. Baird'' * 1973: ''San Antonio Independent School District v. Rodriguez'' * 1976: ''Examining Board v. Flores de Otero'' * 1978: '' Regents of the University of California v. Bakke'' * 1982: ''
Plyler v. Doe ''Plyler v. Doe'', 457 U.S. 202 (1982), was a case in which the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciary of the United States, federal judi ...
'' * 1982: ''Mississippi University for Women v. Hogan'' * 1986: ''Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico'' * 1996: '' United States v. Virginia'' * 1996: ''Romer v. Evans'' * 2000: '' Bush v. Gore''


Felon disenfranchisement

* 1974: ''
Richardson v. Ramirez ''Richardson v. Ramirez'', 418 U.S. 24 (1974), is a decision by the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciary of the United States, federal ...
'' * 1985: '' Hunter v. Underwood''


Power of enforcement

* 1883: ''
Civil Rights Cases The ''Civil Rights Cases'', 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the Supreme court, highest court in the Federal judiciar ...
'' * 1966: '' Katzenbach v. Morgan'' * 1976: ''Fitzpatrick v. Bitzer'' * 1997: '' City of Boerne v. Flores'' * 1999: ''Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank'' * 2000: ''United States v. Morrison'' * 2000: ''Kimel v. Florida Board of Regents'' * 2001: ''Board of Trustees of the University of Alabama v. Garrett'' * 2003: ''Nevada Department of Human Resources v. Hibbs'' * 2004: ''Tennessee v. Lane'' * 2013: ''Shelby County v. Holder''


Adoption


Proposal by Congress

In the final years of the
American Civil War The American Civil War (also known by Names of the American Civil War, other names) was a civil war in the United States from 1861 to 1865, fought between northern U.S. state, states loyal to the Union (American Civil War), Union and south ...
and the Reconstruction Era that followed, Congress repeatedly debated the rights of black former slaves freed by the 1863 Emancipation Proclamation and the 1865 Thirteenth Amendment, the latter of which had formally abolished slavery. Following the passage of the Thirteenth Amendment by Congress, however, History of the United States Republican Party, Republicans grew concerned over the increase it would create in the congressional representation of the Democratic Party (United States), Democratic-dominated
Southern States Southern States may refer to: *The independent states of the Southern hemisphere The Southern Hemisphere is the half (hemisphere Hemisphere may refer to: * A half of a sphere As half of the Earth * A hemispheres of Earth, hemisphere of Earth ...
. Because the full population of freed slaves would now be counted for determining congressional representation, rather than the three-fifths previously mandated by the Three-Fifths Compromise, the
Southern States Southern States may refer to: *The independent states of the Southern hemisphere The Southern Hemisphere is the half (hemisphere Hemisphere may refer to: * A half of a sphere As half of the Earth * A hemispheres of Earth, hemisphere of Earth ...
would dramatically increase their power in the population-based
House of Representatives House of Representatives is the name of legislative bodies A legislature is a deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) who use parliamentary procedure Parliamentary procedure is ...
, regardless of whether the former slaves were allowed to vote.Stromberg, "A Plain Folk Perspective" (2002), p. 111. Republicans began looking for a way to offset this advantage, either by protecting and attracting votes of former slaves, or at least by discouraging their disenfranchisement. In 1865, Congress passed what would become the
Civil Rights Act of 1866 The Civil Rights Act of 1866 (, enacted April 9, 1866, reenacted 1870) was the first United States federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United ...
, guaranteeing citizenship without regard to race, color, or previous condition of slavery or involuntary servitude. The bill also guaranteed equal benefits and access to the law, a direct assault on the Black Codes passed by many post-war states. The Black Codes attempted to return ex-slaves to something like their former condition by, among other things, restricting their movement, forcing them to enter into year-long labor contracts, prohibiting them from owning firearms, and preventing them from suing or testifying in court. Although strongly urged by moderates in Congress to sign the bill, President of the United States, President
Andrew Johnson Andrew Johnson (December 29, 1808 July 31, 1875) was the 17th president of the United States The president of the United States (POTUS) is the and of the . The president directs the of the and is the of the . The power of the pre ...

Andrew Johnson
vetoed it on March 27, 1866. In his veto message, he objected to the measure because it conferred citizenship on the freedmen at a time when 11 out of 36 states were unrepresented in the Congress, and that it discriminated in favor of African-Americans and against whites. Three weeks later, Johnson's veto was overridden and the measure became law. Despite this victory, even some Republicans who had supported the goals of the Civil Rights Act began to doubt that Congress really possessed constitutional power to turn those goals into laws. The experience also encouraged both radical and moderate Republicans to seek Constitutional guarantees for black rights, rather than relying on temporary political majorities. More than seventy proposals for an amendment were drafted. In late 1865, the United States Congress Joint Committee on Reconstruction, Joint Committee on Reconstruction proposed an amendment stating that any citizens barred from voting on the basis of race by a state would not be counted for purposes of representation of that state. This amendment passed the House, but was blocked in the Senate by a coalition of Radical Republicans led by Charles Sumner, who believed the proposal a "compromise with wrong", and Democratic Party (United States), Democrats opposed to black rights. Consideration then turned to a proposed amendment by Representative John Bingham, John A. Bingham of Ohio, which would enable Congress to safeguard "equal protection of life, liberty, and property" of all citizens; this proposal failed to pass the House. In April 1866, the Joint Committee forwarded a third proposal to Congress, a carefully negotiated compromise that combined elements of the first and second proposals as well as addressing the issues of Confederate debt and voting by ex-Confederates. The House of Representatives passed ''House Resolution 127, 39th Congress'' several weeks later and sent to the Senate for action. The resolution was debated and several amendments to it were proposed. Amendments to Sections 2, 3, and4 were adopted on June 8, 1866, and the modified resolution passed by a 33 to 11 vote (5 absent, not voting). The House agreed to the Senate amendments on June 13 by a 138–36 vote (10 not voting). A concurrent resolution requesting the President to transmit the proposal to the executives of the several states was passed by both houses of Congress on June 18. The
Radical Republicans The Radical Republicans were a faction of American politicians within the Republican Party of the United States from around 1854 (before the American Civil War The American Civil War (also known by Names of the American Civil War, othe ...
were satisfied that they had secured civil rights for blacks, but were disappointed that the amendment would not also secure political rights for blacks; in particular, the right to vote.Carter, Dan. ''When the War Was Over: The Failure of Self-Reconstruction in the South, 1865–1867'', pp. 242–243 (LSU Press 1985). For example, Thaddeus Stevens, a leader of the disappointed
Radical Republicans The Radical Republicans were a faction of American politicians within the Republican Party of the United States from around 1854 (before the American Civil War The American Civil War (also known by Names of the American Civil War, othe ...
, said: "I find that we shall be obliged to be content with patching up the worst portions of the ancient edifice, and leaving it, in many of its parts, to be swept through by the tempests, the frosts, and the storms of despotism."Graber, "Subtraction by Addition?" (2012), pp. 1501–1502. Abolitionist Wendell Phillips called it a "fatal and total surrender". This point would later be addressed by the Fifteenth Amendment.


Ratification by the states

On June 16, 1866, Secretary of State William Seward transmitted the Fourteenth Amendment to the governors of the several states for its ratification. State legislatures in every formerly Confederate state, with the exception of Tennessee, refused to ratify it. This refusal led to the passage of the Reconstruction Acts. Ignoring the existing state governments, military government was imposed until new civil governments were established and the Fourteenth Amendment was ratified. It also prompted Congress to pass a law on March 2, 1867, requiring that a former Confederate state must ratify the Fourteenth Amendment before "said State shall be declared entitled to representation in Congress". The first twenty-eight states to ratify the Fourteenth Amendment were: # Connecticut: June 30, 1866 # New Hampshire: July 6, 1866 # Tennessee: July 18, 1866 # New Jersey: September 11, 1866 (rescinded ratification February 20, 1868/March 24, 1868; re-ratified April 23, 2003) # Oregon: September 19, 1866 (rescinded ratification October 16, 1868; re-ratified April 25, 1973) # Vermont: October 30, 1866 # New York (state), New York: January 10, 1867 # Ohio: January 11, 1867 (rescinded ratification January 13, 1868; re-ratified March 12, 2003) # Illinois: January 15, 1867 # West Virginia: January 16, 1867 # Michigan: January 16, 1867 # Minnesota: January 16, 1867 # Kansas: January 17, 1867 # Maine: January 19, 1867 # Nevada: January 22, 1867 # Indiana: January 23, 1867 # Missouri: January 25, 1867 # Pennsylvania: February 6, 1867 # Rhode Island: February 7, 1867 #
Wisconsin Wisconsin () is a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspaper ...

Wisconsin
: February 13, 1867 # Massachusetts: March 20, 1867 # Nebraska: June 15, 1867 # Iowa: March 16, 1868 # Arkansas: April 6, 1868 # Florida: June 9, 1868 # North Carolina: July 4, 1868 (after rejection December 14, 1866) # Louisiana: July 9, 1868 (after rejection February 6, 1867) # South Carolina: July 9, 1868 (after rejection December 20, 1866) If rescission by Ohio and New Jersey were illegitimate, South Carolina would have been the 28th state to ratify the amendment, enough for the amendment to be a part of the Constitution. Otherwise, only 26 states ratified the amendment out of the needed 28. Ohio and New Jersey's rescissions (which occurred after Democrats retook the states legislature) caused significant controversy and debate, but as this controversy occurred ratification by other states continued: On July 20, 1868, United States Secretary of State, Secretary of State William H. Seward certified that if withdrawals of ratification by New Jersey and Ohio were illegitimate, then the amendment had become part of the Constitution on July 9, 1868, with ratification by South Carolina as the 28th state. The following day, Congress declared New Jersey's recession of the amendment “scandalous”, rejected the act and then adopted and transmitted to the Department of State a concurrent resolution declaring the Fourteenth Amendment to be a part of the Constitution and directing the Secretary of State to Promulgation, promulgate it as such, thereby establishing a precedent that a state cannot rescind a ratification. Ultimately, New Jersey and Ohio were named in the congressional resolution as having ratified the amendment, as well as Alabama, making 29 states in total. On the same day, one more State ratified: On July 27, Secretary Seward received the formal ratification from Georgia. The following day, July 28, Secretary Seward issued his official proclamation certifying the adoption of the Fourteenth Amendment. Secretary Seward stated that his proclamation was "in conformance" to the resolution by Congress, but his official list of States included both Alabama and Georgia, as well as Ohio and New Jersey. Ultimately, regardless of the legal status of New Jersey's and Ohio's rescission, the amendment would have passed at the same time because of Alabama and Georgia's ratifications. The inclusion of Ohio and New Jersey has led some to question the validity of the rescission of a ratification. The inclusion of Alabama and Georgia has called that conclusion into question. While there have been Supreme Court cases dealing with ratification issues, this particular question has never been adjudicated. On October 16, 1868, three months after the amendment was ratified and part of the Constitution, Oregon rescinded its ratification bringing the number of states that had the amendment actively ratified to 27 (for nearly a year), but this had no actual impact on the US Constitution or the 14th Amendment's standing. The Fourteenth Amendment was subsequently ratified: Since Ohio and New Jersey re-ratified the Fourteenth Amendment in 2003, all U.S. states that existed during Reconstruction have ratified the amendment.


See also

* Jus soli * United States constitutional criminal procedure * United States labor law


Notes


References


Bibliography

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Further reading

* * *
Pdf.
:* ''See also''
Symposium: the Maryland Constitutional Law Schmooze
special issue of the ''University of Maryland School of Law#Publications, Maryland Law Review''. * *
Pdf.
* :* ''Response to McConnell:'' ::* ''Response to Klarman:''


External links

* (PDF, providing text of amendment and dates of ratification)



* [http://stafnelaw.com/wp-content/uploads/2017/08/Congressional-Debates-of-the-14th-Amendment.pdf Congressional Debates of the Fourteenth Amendment to the United States Constitution], provides a transcript of the debates in Congress. * {{DEFAULTSORT:14 Fourteenth Amendment to the United States Constitution, 1868 in American law, Fourteenth Amendment to the United States Constitution 1868 in American politics Aftermath of the American Civil War Amendments to the United States Constitution Police legislation History of civil rights in the United States Reconstruction Era United States Fourteenth Amendment case law July 1868 events