Reconstruction Amendments
   HOME

TheInfoList



OR:

The , or the , are the
Thirteenth In music or music theory, a thirteenth is the note thirteen scale degrees from the root of a chord and also the interval between the root and the thirteenth. The interval can be also described as a compound sixth, spanning an octa ...
, Fourteenth, and
Fifteenth In music, a fifteenth or double octave, abbreviated ''15ma'', is the interval between one musical note and another with one-quarter the wavelength or quadruple the frequency. It has also been referred to as the bisdiapason. The fourth harmonic, ...
amendments 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. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, adopted between 1865 and 1870. The amendments were a part of the implementation of the
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 Unio ...
of the American South which occurred after the war. The Thirteenth Amendment (proposed in 1864 and ratified in 1865) abolished slavery and involuntary servitude, except for those duly convicted of a crime. The Fourteenth Amendment (proposed in 1866 and ratified in 1868) addresses citizenship rights and equal protection of the laws for all persons. The Fifteenth Amendment (proposed in 1869 and ratified in 1870) prohibits discrimination in voting rights of citizens on the basis of "race, color, or previous condition of servitude." Males of all races, regardless of prior enslavement, could vote in some states of the early United States, such as New Jersey, provided that they could meet other requirements, such as property ownership. These amendments were intended to guarantee the freedom of the former slaves and grant certain civil rights to them and protect the former slaves and all citizens of the United States from discrimination. However, the promise of these amendments was eroded by state laws and federal court decisions throughout the late 19th century. They were not recognized until the Supreme Court decision in ''
Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...
'' in 1954 and laws such as the
Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
and the
Voting Rights Act of 1965 The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
.


Background

The Reconstruction Amendments were adopted between 1865 and 1870, the five years which immediately followed the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
. The last time the Constitution had been amended was with the Twelfth Amendment more than 60 years earlier in 1804. These three amendments were part of a large movement to
reconstruct 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 Unio ...
the United States which followed the Civil War. Their proponents believed that they would transform the United States from a country that was (in
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
's words) "half
slave Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
and half free" to one in which the constitutionally guaranteed "blessings of liberty" would be extended to the entire populace, including the former slaves and their descendants.


Thirteenth Amendment

The Thirteenth Amendment to the United States Constitution abolished
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
and
involuntary servitude Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit anothe ...
, except as a punishment for a crime. It was passed by the
U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
on April 8, 1864, and, after one unsuccessful vote and extensive legislative maneuvering by the Lincoln administration, the House followed suit on January 31, 1865. The measure was swiftly ratified by all but three
Union states During the American Civil War, the Union, also known as the North, referred to the United States led by President Abraham Lincoln. It was opposed by the secessionist Confederate States of America (CSA), informally called "the Confederacy" or "t ...
(the exceptions were Delaware, New Jersey, and Kentucky), and by a sufficient number of border and "reconstructed" Southern states, to be ratified by December 6, 1865. On December 18, 1865, Secretary of State
William H. Seward William Henry Seward (May 16, 1801 – October 10, 1872) was an American politician who served as United States Secretary of State from 1861 to 1869, and earlier served as governor of New York and as a United States Senator. A determined oppon ...
proclaimed it to have been incorporated into the federal Constitution. It became part of the Constitution 61 years after the Twelfth Amendment, the longest interval between constitutional amendments to date. Slavery had been tacitly enshrined in the original Constitution through provisions such as Article I, Section 2, Clause 3, commonly known as the Three-Fifths Compromise, which detailed how each state's total slave population would be factored into its total population
count Count (feminine: countess) is a historical title of nobility in certain European countries, varying in relative status, generally of middling rank in the hierarchy of nobility. Pine, L. G. ''Titles: How the King Became His Majesty''. New York: ...
for the purposes of apportioning seats in the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
and direct taxes among the states. Although many slaves had been declared free by Lincoln's 1863
Emancipation Proclamation The Emancipation Proclamation, officially Proclamation 95, was a presidential proclamation and executive order issued by United States President Abraham Lincoln on January 1, 1863, during the Civil War. The Proclamation changed the legal sta ...
, their legal status after the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
was uncertain.


Fourteenth Amendment

The Fourteenth Amendment to the United States Constitution was proposed by Congress on June 13, 1866. By July 9, 1868, it had received ratification by the legislatures of the required number of states in order to officially become the Fourteenth Amendment. On July 20, 1868, Secretary of State William Seward certified that it had been ratified and added to the federal Constitution. The amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to the treatment of
freedmen A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), abolitionism, emancipation (gra ...
following the war. The amendment was bitterly contested, particularly by Southern states, which were forced to ratify it in order to return their delegations to Congress. The Fourteenth Amendment is one of the most litigated parts of the Constitution, forming the basis for landmark decisions such as ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and s ...
'' (1973), regarding abortion, and ''
Bush v. Gore ''Bush v. Gore'', 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, th ...
'' (2000), regarding the 2000 presidential election. 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, which was adopted on July 9, 1868, which states: This clause reversed a portion of the ''Dred Scott v. Sandford'' decision, which had d ...
, the
Privileges or Immunities Clause The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868. Text of the clause The cl ...
, the
Due Process Clause In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...
, and the
Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
. The Citizenship Clause provides a broad definition of citizenship, overruling the Supreme Court's decision in ''
Dred Scott v. Sandford ''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, enslaved or free; th ...
'' (1857), which had held that Americans descended from Africans could not be citizens of the United States. The Privileges or Immunities Clause has been interpreted in such a way that it does very little. While "Section 2 of the Fourteenth Amendment reduces congressional representation for states that deny suffrage on racial grounds," it was not enforced after southern states disenfranchised blacks in the late 19th and early 20th centuries. While Northern Congressmen in 1900 raised objections to the inequities of southern states being apportioned seats based on total populations when they excluded blacks, Southern
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
representatives formed such a powerful bloc that opponents could not gain approval for change of apportionment. The Due Process Clause prohibits state and local government officials from depriving persons of life, liberty, or property without legislative authorization. This clause has also been used by the federal judiciary to make 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 to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
applicable to the states, as well as to recognize substantive and procedural requirements that state laws must satisfy. The Equal Protection Clause requires each state to provide equal protection under the law to all people within its
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
. This clause was the basis for the U.S. Supreme Court's ruling in ''
Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...
'' (1954), that
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 ...
in public schools was unconstitutional, and its prohibition of laws against interracial marriage, in its ruling in '' Loving v. Virginia'' (1967).


Fifteenth Amendment

The Fifteenth Amendment to the United States Constitution prohibits the federal and state governments from denying a citizen the
right to vote Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
based on that citizen's "
race Race, RACE or "The Race" may refer to: * Race (biology), an informal taxonomic classification within a species, generally within a sub-species * Race (human categorization), classification of humans into groups based on physical traits, and/or s ...
,
color Color (American English) or colour (British English) is the visual perceptual property deriving from the spectrum of light interacting with the photoreceptor cells of the eyes. Color categories and physical specifications of color are associ ...
, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments. By 1869, amendments had been passed to abolish slavery and provide citizenship and equal protection under the laws, but the narrow election of
Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union Ar ...
to the presidency in
1868 Events January–March * January 2 – British Expedition to Abyssinia: Robert Napier leads an expedition to free captive British officials and missionaries. * January 3 – The 15-year-old Mutsuhito, Emperor Meiji of Jap ...
convinced a majority of Republicans that protecting the franchise of black voters was important for the party's future. After rejecting broader versions of a suffrage amendment, Congress proposed a compromise amendment banning franchise restrictions on the basis of race, color, or previous servitude on February 26, 1869. The amendment survived a difficult ratification fight and was adopted on March 30, 1870. After blacks gained the vote, the
Ku Klux Klan The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and ...
directed some of their attacks to disrupt their political meetings and intimidate them at the polls, to suppress black participation. In the mid-1870s, there was a rise in new insurgent groups, such as the Red Shirts and
White League The White League, also known as the White Man's League, was a white paramilitary terrorist organization started in the Southern United States in 1874 to intimidate freedmen into not voting and prevent Republican Party political organizing. Its f ...
, who acted on behalf of the
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
to violently suppress black voting. While white Democrats regained power in southern state legislatures, through the 1880s and early 1890s, numerous blacks continued to be elected to local offices in many states, as well as to Congress as late as 1894. Beginning around 1900, states in the former Confederacy passed new constitutions and other laws that incorporated methods to disenfranchise blacks, such as
poll taxes 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 f ...
, residency rules, and literacy tests administered by white staff, sometimes with exemptions for whites via grandfather clauses. When challenges reached the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, it interpreted the amendment narrowly, ruling based on the stated intent of the laws rather than their practical effect. The results in voter suppression were dramatic, as voter rolls fell: nearly all blacks, as well as tens of thousands of poor whites in Alabama and other states, were forced off the voter registration rolls and out of the political system, effectively excluding millions of people from representation. In the twentieth century, the Court interpreted the amendment more broadly, striking down grandfather clauses in '' Guinn v. United States'' (1915). It took a quarter-century to finally dismantle the white primary system in the "
Texas primary cases White primaries were primary elections held in the Southern United States in which only white voters were permitted to participate. Statewide white primaries were established by the state Democratic Party units or by state legislatures in South C ...
" (1927–1953). With the South having become a one-party region after the disenfranchisement of blacks,
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
primaries were the only competitive contests in those states. But Southern states reacted rapidly to Supreme Court decisions, often devising new ways to continue to exclude blacks from voter rolls and voting; most blacks in the South did not gain the ability to vote until after the passage of the mid-1960s federal civil rights legislation and the beginning of federal oversight of voter registration and district boundaries. The Twenty-fourth Amendment (1964) forbade the requirement for poll taxes in federal elections; by this time five of the eleven southern states continued to require such taxes. Together with the U.S. Supreme Court ruling in ''
Harper v. Virginia State Board of Elections ''Harper v. Virginia State Board of Elections'', 383 U.S. 663 (1966), was a case in which the U.S. Supreme Court found that Virginia's poll tax was unconstitutional under the equal protection clause of the 14th Amendment. In the late 19th and ea ...
'' (1966), which forbade requiring poll taxes in state elections, blacks regained the opportunity to participate in the U.S. political system.


Erosion, litigation, and scope

The promise of these amendments was eroded by state laws and federal court decisions throughout the late 19th century before being restored in the second half of the twentieth century. In 1876 and beyond, some states passed
Jim Crow laws The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
that limited the rights of African-Americans. Important
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
decisions that undermined these amendments were the ''
Slaughter-House Cases The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision consolidating several cases that held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only pr ...
'' in 1873, which prevented rights guaranteed under the Fourteenth Amendment's privileges or immunities clause from being extended to rights under state law; and ''
Plessy v. Ferguson ''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision in which the Court ruled that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in qualit ...
'' in 1896 which originated the phrase "
separate but equal Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protec ...
" and gave federal approval to Jim Crow laws. The full benefits of the Thirteenth, Fourteenth, and Fifteenth amendments were not recognized until the Supreme Court decision in ''
Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...
'' in 1954 and laws such as the
Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
and the
Voting Rights Act of 1965 The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
.


See also


The Reconstruction Amendments: Essential Documents
(2 vols) (Kurt T. Lash, ed.) (University of Chicago Press, 2021) *
Crittenden Compromise The Crittenden Compromise was an unsuccessful proposal to permanently enshrine slavery in the United States Constitution, and thereby make it unconstitutional for future congresses to end slavery. It was introduced by United States Senator Jo ...
*
Corwin Amendment The Corwin Amendment was a proposed amendment to the United States Constitution that was never adopted. It would shield "domestic institutions" of the states from the federal constitutional amendment process and from abolition or interference by ...
*
National Freedom Day National Freedom Day is a United States observance on February 1 honoring the signing by President Abraham Lincoln of a joint House and Senate resolution that later was ratified as the 13th Amendment to the U.S. Constitution. President Lincoln si ...
*
Reconstruction Acts The Reconstruction Acts, or the Military Reconstruction Acts, (March 2, 1867, 14 Stat. 428-430, c.153; March 23, 1867, 15 Stat. 2-5, c.6; July 19, 1867, 15 Stat. 14-16, c.30; and March 11, 1868, 15 Stat. 41, c.25) were four statutes passed duri ...
*
Forty acres and a mule Forty acres and a mule was part of Special Field Orders No. 15, a wartime order proclaimed by Union General William Tecumseh Sherman on January 16, 1865, during the American Civil War, to allot land to some freed families, in plots of land no la ...
*
Ballot access in the United States Elections in the United States refers to the rules and procedures regulating the conditions under which a candidate, political party, or ballot measure is entitled to appear on voters' ballots. As the nation's election process is decentralized b ...
*
Black suffrage in the United States The history of black suffrage in the United States, or the right of African Americans to vote in elections, has had many advances and setbacks. Prior to the Civil War and the Reconstruction Amendments to the U.S. Constitution, some Black peopl ...
*
Voting rights in the United States Voting rights in the United States, specifically the enfranchisement and disenfranchisement of different groups, has been a moral and political issue throughout United States history. Eligibility to vote in the United States is governed by ...
*
List of amendments to the United States Constitution Thirty-three amendments to the United States Constitution have been proposed by the United States Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789. Twenty-seven of these, having bee ...
*
Slavery Abolition Act 1833 The Slavery Abolition Act 1833 (3 & 4 Will. IV c. 73) was an Act of the Parliament of the United Kingdom which provided for the gradual abolition of slavery in most parts of the British Empire. It was passed by Earl Grey's reforming administrat ...
(United Kingdom)


References

{{Authority control Amendments to the United States Constitution Politics of the American Civil War Reconstruction Era United States slavery law 1865 in American law 1866 in American law 1867 in American law 1868 in American law 1869 in American law 1870 in American law 1865 in American politics 1866 in American politics 1867 in American politics 1868 in American politics 1869 in American politics 1870 in American politics 1860s in the United States