why is the 14th amendment important essay

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The first amendment, module 14: the 14th amendment: battles for freedom and equality.

The 14th Amendment wrote the Declaration of Independence's promise of freedom and equality into the Constitution. Ratified after the Civil War, this amendment transformed the Constitution forever and is at the core of a period that many scholars refer to as our nation’s “Second Founding.” Even so, the 14th Amendment remains the focus of many of today’s most important constitutional debates (and Supreme Court cases). In many ways, the history of the modern Supreme Court is largely a history of modern-day battles over the 14th Amendment's meaning. So many of the constitutional cases that Americans care about today turn on the 14th Amendment.

Download all materials for this module as a PDF

Learning Objectives

• Explain why the 14th Amendment was added to the Constitution. 
• Identify the core principles in clauses of the 14th Amendment. 
• Summarize how the Supreme Court has interpreted the meaning of the 14th Amendment.
• Evaluate the effect of the 14th Amendment on liberty and equality.

14.1 Activity: Why Did We Need the 14th Amendment

• Student Instructions
• Teacher Notes

Purpose Ratified after the Civil War, the 14th Amendment wrote the Declaration of Independence’s promise of freedom and equality into the Constitution. It transformed the Constitution forever. And it’s at the heart of what many scholars refer to as America’s “Second Founding.” In this activity, you will examine why the 14th Amendment was needed in its own time.

Process In this clip from FOURTEEN: A Theatrical Performance —an original play written and produced by the National Constitution Center—performers read sections of the Black Codes. White Southerners passed these laws after the Civil War, seeking to impose second-class citizenship on African Americans and reduce many formerly enslaved people to conditions that resembled slavery. However, African Americans fought back against these laws, often using petitions like the one in the clip from the South Carolina Colored Convention to advance their own vision of post-Civil War America. 

Begin by reading the text of the Black Codes from South Carolina and Mississipp i and the related background summaries from the Founders’ Library . 

Then watch the video clip from FOURTEEN: The Black Codes.

In small groups, discuss the following questions and record your group’s answers:

• When were the Black Codes passed by the ex-Confederate states?
• What did these states hope to achieve by passing them?
• What was the response of the Colored Conventions? How would you describe their constitutional vision for post-Civil War America?
• What changes were the Colored Conventions calling for during this period?
• What founding principles did the Colored Conventions emphasize in their push for reform? What rights did they emphasize?
• To what degree did the 14thAmendment realize the constitutional vision of the Colored Conventions?

As a class, share your group’s responses to the discussion questions. 

Launch Have the students read the text of the Black Codes from South Carolina and Mississippi and the related background summaries from the Founders’ Library . Then give students time to watch the video clip from FOURTEEN : The Black Codes and discuss the big ideas it presents. 

Activity Synthesis Have students share one takeaway from 14th Amendment: The Black Codes video that they did not know before watching the clip.

As a class, have students share their group’s responses to the discussion questions. 

• To what degree did the 14th Amendment realize the constitutional vision of the Colored Conventions?

Use those responses to discuss the effects of Black Codes on African Americans in the South and to explore the role of state Colored Conventions in fighting for a different vision of post-Civil War America.

Activity Extension (optional) Have students explore the Colored Conventions Project page and write a short essay on a new source. 

14.2 Activity: Big Ideas of The 14th Amendment

Purpose The 14th Amendment’s powerful language transformed the Constitution forever. In this activity, you will analyze the text of the 14th Amendment, break down its key parts, and explore the big ideas enshrined in its text.

Process Watch the video of Reconstruction historian Eric Foner discussing the origins and meaning of the 14thAmendment. Video: Eric Foner on the Origins and Meaning of the 14th Amendment .

Next, complete the Activity Guide: Introduction to the 14th Amendment worksheet. Split up into groups, review your assigned a key clause of the 14th Amendment,  and share with the larger group.

As background support, review the Info Brief: Reconstruction and America’s “Second Founding. ”

Finally, present your group’s assigned clause to the class. If this is not your section, take notes and complete your worksheet. Your class will then discuss the big ideas contained in the 14th Amendment and how the amendment remains relevant today. Explore the following key questions:

• Why do you think that the Reconstruction generation added that language to the Constitution? 
• What big idea did it write into the Constitution?
• How did it respond to the Civil War and the challenges of Reconstruction in its own time?
• How does it remain relevant today? What are some of the modern debates over its meaning and application?

At the end of this module, you will build your own virtual exhibit, so begin to take notes on the stories, images, primary sources, and Supreme Court cases that you may want to include in your exhibit. Think about what stories you will tell. 

Launch Review the big ideas of the 14th Amendment. There are multiple parts to the 14th Amendment. Focus on Sections 1 and 5. 

As background, watch Eric Foner on the Origins and Meaning of the 14th Amendment and review Activity Guide: Introduction to the 14th Amendment.

Read the Amendment over as a class and then have students complete the worksheet in groups. Assign each group a key clause of the 14th Amendment. Have them read the Common Interpretation essay in the Interactive Constitution, use the Drafting Table tool to explore the debates over their clause and its framing history, and complete a chart on their assigned clause.  

Activity Synthesis Have students present their assigned clause to the class. Groups should address the following key questions:

• What big idea did the clause write into the Constitution?

Then as a class, have students summarize the significance of the 14th Amendment as a whole and its big ideas. What did it add to the Constitution? 

14.2 Activity Guide: Introduction to the 14th Amendment

14.2 info brief: reconstruction and america’s “second founding”, 14.3 video activity: 14th amendment.

Purpose  In this activity, you will explore how the 14th Amendment was created, what it says, and debates over how to interpret it. 

Process Watch the following video about the 14th Amendment.

Then, complete the Video Reflection: The 14th Amendment worksheet.

Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions.

Launch Give students time to watch the video and answer the questions. 

Activity Synthesis Have students share their responses in small groups and then discuss as a class.

14.3 Video Reflection: The 14th Amendment

14.4 activity: tests of the 14th amendment.

Purpose The 14th Amendment is the focus of many of the most important constitutional debates (and Supreme Court cases) today. In many ways, the history of the modern Supreme Court is really a history of modern-day battles over the 14th Amendment’s meaning. So many of the constitutional cases that you care about today turn on the text of the amendment. In this activity, you will connect cases to the clauses and big ideas in the 14th Amendment, and then summarize the cases for your assigned theme. 

Process Complete the Case Brief: Tests of the 14th Amendment worksheet to review key cases based on the 14th Amendment’s big ideas.

• United States v. Wong Kim Ark (1898)
• Brown v. Board of Education of Topeka (1954)
• Gideon v. Wainwright (1963)
• Loving v. Virginia (1967)
• Obergefell v. Hodges (2015)
• United States v. Virginia (1996)
• Dobbs v. Jackson Women’s Health Organization (2022)

Each group completes a short presentation of the case for the class that includes visuals.

Launch Briefly review the cases that students will research and assign small groups to each case. 

Activity Synthesis Have students share their assigned  Case Brief: Tests of the 14th Amendment with a short presentation of the case for the class that includes visuals and quotes.

Activity Extension (Optional) Have students analyze cases that limit the 14th Amendment: The Slaughter-House Cases , the Civil Rights Cases , and Plessy v. Ferguson . Read the excerpts in the Founders' Library and develop a case brief for the class. 

14.4 Case Brief: Tests of the 14th Amendment

14.4 primary source: united states v. wong kim ark (1898), 14.4 primary source: brown v. board of education of topeka (1954), 14.4 primary source: gideon v. wainwright (1963), 14.4 primary source: loving v. virginia (1967), 14.4 primary source: obergefell v. hodges (2015), 14.4 primary source: united states v. virginia (1996), 14.4 primary source: dobbs v. jackson women’s health organization (2022), 14.5 activity: showcasing the 14th amendment.

Purpose The 14th Amendment’s powerful language transformed the Constitution forever. In this activity, you will design your own museum exhibit to teach about the history and significance of the 14th Amendment.

Process Complete the Activity Guide: Showcasing the 14th Amendment worksheet and then create your own interactive museum exhibit that showcases the 14th amendment using the Activity Tool: Create Your Own Museum .

Launch Discuss with students the role of museums as keepers of history. Share with them this quote. “Museums are storytellers. They exist because once upon a time some person or group believed there was a story worth telling, over and over, for generations to come.” - Leslie Bedford

Activity Synthesis Students are tasked with building their own online exhibit. Prior to launching into activity, discuss with them the goal of a museum, the role of storytelling but also the burden of choosing who’s story to tell and from what perspective. 

Key questions to place on board for their work:

• Who is the story about?
• What point of view are you taking?
• What goes wrong?
• What events happen?
• What details will you share and what will you let go of?
• How does it end?
• Why does this story matter to the audiences engaging with the exhibit?

Encourage students to add images, video, text, and audio to make their exhibit multimodal and engaging.   

14.5 Activity Tool: Create Your Own Museum

14.5 activity guide: showcasing the 14th amendment, 14.6 test your knowledge.

Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered.

Complete the questions in the following quiz to test your knowledge.

This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available.

14.6 Interactive Knowledge Check: The 14th Amendment: Battles for Freedom and Equality

14.6 printable knowledge check: the 14th amendment: battles for freedom and equality, previous module, module 13: voting rights in america, next module, module 15: article v and the 27 amendments.

With the Constitution, the Founding generation created the greatest charter of freedom in the history of the world. However, the Founding generation did not believe that it had a monopoly on constitutional wisdom. Therefore, the founders set out a formal amendment process that allowed later generations to revise our nation’s charter and “form a more perfect Union.” They wrote this process into Article V of the Constitution. Over time, the American people have used this amendment process to transform the Constitution by adding a Bill of Rights, abolishing slave...

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14th Amendment Importance

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  What Is the 14th Amendment?

The Fourteenth Amendment to the United States Constitution, ratified on July 9, 1868, is one of the Reconstruction Amendments that was adopted after the Civil War. It contains several major clauses that have had a significant impact on American law and society.

The most significant provisions of the 14th Amendment include the following.

The Citizenship Clause

The Citizenship Clause of the 14th Amendment unequivocally states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

This provision was designed to override the Dred Scott decision, which denied African Americans, enslaved or free, the rights of citizenship. The Citizenship Clause firmly establishes the principle of jus soli, meaning “right of the soil,” under which anyone born on U.S. soil, with few exceptions, such as children of foreign diplomats, is automatically granted U.S. citizenship. This clause has been the center of debates surrounding immigration and birthright citizenship.

An example of the application of the Citizenship Clause is the case United States v. Wong Kim Ark (1898). Wong Kim Ark was born in San Francisco to Chinese parents who were legal residents at the time. After a trip to China, he was denied reentry into the U.S. based on the Chinese Exclusion Act. The Supreme Court ruled in Wong Kim Ark’s favor, stating that he was a U.S. citizen by virtue of his birth in the United States, thereby establishing a strong legal precedent for birthright citizenship.

The Due Process Clause

The Due Process Clause of the 14th Amendment prohibits state and local governments from depriving individuals of “life, liberty, or property, without due process of law.” This clause extends the protections of the Fifth Amendment, which originally applied only to actions of the federal government. The Due Process Clause is not just limited to procedural fairness but also includes a substantive component, often referred to as “substantive due process.”

For example, the landmark case of Roe v. Wade (1973) utilized substantive due process to protect a woman’s right to have an abortion. The Supreme Court held that a state law that banned abortions, except to save the life of the mother, was unconstitutional and that women have the constitutional right to privacy for personal decisions, which includes the decision to have an abortion.

The Equal Protection Clause

The Equal Protection Clause of the 14th Amendment mandates that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” This means that states must apply the law equally and cannot discriminate against individuals or groups based on protected characteristics such as race, religion, and sex. This clause forms the foundation for many civil rights lawsuits and has been instrumental in combating discrimination.

One significant application of the Equal Protection Clause was in the case of Brown v. Board of Education (1954). In this case, the Supreme Court held that state laws establishing racial segregation in public schools were unconstitutional, even if the segregated schools were otherwise equal in quality. The court ruled that segregation itself was harmful and a violation of the equal protection rights of African American students. This decision marked a significant step forward in the civil rights movement and set the stage for future legislation to outlaw racial discrimination.

Why Is the 14th Amendment Important?

What are some legal issues associated with the 14th amendment, do i need a lawyer for help with 14th amendment issues.

The importance of the 14th Amendment lies in its broad protection of civil rights against state infringement. Since its adoption, it has played a crucial role in many landmark court decisions that have shaped the United States.

Firstly, the significance of the 14th Amendment is that it is vital in defining citizenship. By providing a clear definition of who is a citizen, it overturned the Dred Scott v. Sandford (1857) decision, which stated that African Americans could not be citizens.

Secondly, through the Due Process Clause, the 14th Amendment has been used to apply most of the protections of the Bill of Rights to the states. This process is known as incorporation.

Finally, the Equal Protection Clause has been central to many civil rights cases. It played a key role in ending racial segregation in schools (Brown v. Board of Education, 1954), and it underpinned the Supreme Court’s decision to legalize same-sex marriage across all states (Obergefell v. Hodges, 2015).

Legal issues associated with the 14th Amendment primarily pertain to violations of 14th Amendment rights , namely the denial of due process and equal protection under the law.

Due process violations arise when a state denies an individual of their life, liberty, or property without adhering to legal procedures and fairness. Due process, as defined by the 14th Amendment, has two aspects – procedural and substantive. Procedural due process ensures fair procedures, including proper notice and the opportunity to be heard before a neutral judge. It applies in cases of deprivation of both tangible (like a government benefit) and intangible (like reputation) property interests.

Substantive due process, on the other hand, protects certain fundamental rights from governmental interference. It’s this principle that has been used to affirm rights not explicitly stated in the constitution, like the right to marry, the right to procreate, the right to custody of one’s children, and more recently in the cases of Roe v. Wade and Obergefell v. Hodges, the right to an abortion and the right to marry someone of the same sex, respectively.

In terms of due process violations, consider an example where a state enacts a law permitting the arbitrary detention of individuals without trial. This would fundamentally violate procedural due process rights as it bypasses the person’s right to a fair hearing and legal representation.

Equal protection violations occur when a state discriminates against certain individuals or groups without ample justification. Discrimination, in this context, refers to disparate treatment of individuals or groups based on certain traits, like race, religion, or sex. Any law or policy that classifies based on these characteristics is subject to strict scrutiny – the highest level of judicial review – and will likely be declared unconstitutional unless the state can prove that the law is narrowly tailored to serve a compelling government interest.

For instance, in the context of racial discrimination, the landmark Brown v. Board of Education case serves as a pertinent example. Racial segregation in public schools was deemed a violation of the equal protection clause of the 14th Amendment. Despite the prior ruling in Plessy v. Ferguson that supported the notion of “separate but equal,” the Supreme Court in the Brown case determined that segregated public schools were inherently unequal and, therefore, unconstitutional.

These violations of 14th Amendment rights can give rise to substantial lawsuits. Individuals or groups can bring forward such 14th Amendment lawsuits against states or state actors for their actions or laws that contravene the 14th Amendment. In these cases, the plaintiffs often seek redress for the violation of their constitutional rights and may seek changes to the offending laws or policies. As the 14th Amendment continues to be a cornerstone of civil rights in America, the importance of understanding and upholding its principles remains paramount.

Understanding the complexities of the 14th Amendment can be challenging, and legal issues involving constitutional law are often complex. If you believe your 14th Amendment rights have been violated, it would be beneficial to consult with a knowledgeable attorney.

A government lawyer from LegalMatch can help you understand your rights, navigate the legal process, and represent your interests in court. Don’t hesitate to use LegalMatch to find the right lawyer for your situation.

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The Fourteenth Amendment to the US Constitution Essay

Introduction.

• Interpretation of the 14th amendment

Affirmative action

This amendment was approved on July 1868. The amendment contained two important clauses that marked the history of Civil rights movement in the US. These are the Equal protection clause and the Due Process clause.

The former guaranteed equal protection of the law while the latter protected individuals from deprivation of life, liberty and property by the state without the due process of law. This article looks into the various interpretations given to the Fourteenth Amendment, limitations to its applications and the affirmative action.

Interpretation of the 14 th amendment

The problem that faced the court was in determining what could qualify as equal protection. The first attempt to interpret the Equal protection clause was made in the infamous case of Plessy Vs Ferguson (1896) , which advocated for racial segregation. Justice Brown was concerned with the reasonableness of the clause.

He argued that when the court is reviewing state legislation it should consider regulation of public order and the tradition or custom of the people. “In short, the Court created a very lenient standard when reviewing state legislation: If a statute promotes order or can be characterized as a tradition or custom… the statute meets the requirements of the clause” (Peter, 1998, Par 3).

In Brown Vs Board of Education (1954) however, the Equal Protection clause was given a new meaning. Justice Earl Warren found that segregated facilities did not amount to equal protection in law. He stated:

“…the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others…are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment” (Brown Vs Board of Education, 1954).

Hernandez v. Texas (1954) the Court found that the Equal Protection clause to apply to not only whites and blacks but also other races and ethnic groups. Among these, other races were the Mexican-Americans. Since Brown case, women and illegitimate children have been included in the Equal Protection Clause.

“The Supreme Court accepted the concept of distinction by class, that is, between “white” and Hispanic, and found that when laws produce unreasonable and different treatment on such a basis, the constitutional guarantee of equal protection is violated” (Carl 1982. Par.2).

The Due Process Clause was not only meant to protect basic procedural rights but also substantive rights. In the case of Gitlow Vs New York (1925) , protection of press from abridgement by the legislature was held to be some of the fundamental freedoms protected by the ‘due process’ clause of the fourteenth Amendment from infringement by the state. Here it was dealing with the substantive rights incorporated in the bill of rights.

However, the decision in Muller Vs Oregon (1908), showed that the state could restrict working hours of women if doing so was in their best interest. This decision was made in due regard to the physical health of a woman. It was held that the physical role of women in childbirth and their social role in the society is an issue of public interest permitting the state to regulate their working hours notwithstanding the ‘due process’ clause of the Fourteenth Amendment.

Even though it offered a starting point, the Fourteenth Amendment was seen not to be enough to curb discrimination and racial segregation. More positive measures were needed to protect minority groups in the US.

“Affirmative Action refers to a set of practices undertaken… to go beyond non-discrimination, with the goal of actively improving the economic status of minorities and women with regard to employment, education, and business ownership and growth” (Holzer & Neumark 2005, Par. 1).

Affirmative Action was first introduced by President John F. Kennedy in the 1961 Executive Order 10925. Thereafter, several more orders were passed to deal with discrimination in employment. Other laws dealing with equal protection were subsequently enacted to outlaw discrimination such as the 1964 Civil Rights Act. Title II of the Act prohibited discrimination in public accommodations while title IV prohibited race and sex discrimination in employment.

Courts too have joined hands in the fight. For example in Davis vs. Bakke (1978) , where the court found that Bakke had been denied equal protection of the law by the University of California by being refused admission in the school even though his grades were better than the minority’s admitted. This was done in line with a two-track admission system for blacks and whites. Even thought the decision overruled the affirmative action policy, it was viewed as a victory to proponents of affirmative action because it was a fight against racial segregation.

Affirmative action-together with anti-discrimination laws and legislation-has rendered rights of minority groups in the labor market as well as public academic institutions more apparent. Therefore we cannot bow to the critics propositions that affirmative action promotes discrimination and racism.

“Laws barring race- or sex-conscious behavior in hiring, promotions, and discharges are likely to undermine not only explicit forms of Affirmative Action, but also any prohibitions of discrimination that rely on disparate impact analyses for their enforcement” (Holzer and Neumark, 2006, Par, 11).

The Fourteenth amendment has been classified as the most far-reaching amendment in the history of the US constitution especially to the minority groups. “The Fourteenth Amendment itself was the fruit of a necessary and wise solution for a comparable problem” (Howard 2000).

It came at a time when civil rights movements were at the peak and has contributed significantly to the redemption of minority from past discriminatory activities. It created awareness to the whole world on the injustices of racial segregation and prompted the public to take corrective measures, which have no doubt yielded a lot of success.

Brown V Board of Education. (1945). Massive Resistance” to Integration . Web.

Carl. V. (1982). Allsup, Hernandez V state of Texas . Texas. Texas State Historical Association.

Gitlow V. New York . (2011). In Encyclopedia Britannica. Web.

Holzer H. and Neumark D. (2006). Journal of Policy Analysis and Management: Affirmative Action: What do we know? Published by Urban Institute.

Howard. N.M. (2000). The Amendment that Refused to Die: Equality and Justice Deferred: The History of the Fourteenth Amendment. Madison Books.

Peter, M. (1998). Princeton university law Journals: Past and future of Affirmative action Volume I. Issue 2 Springs. Web.

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IvyPanda. (2024, January 26). The Fourteenth Amendment to the US Constitution. https://ivypanda.com/essays/the-fourteenth-amendment-to-the-us-constitution/

"The Fourteenth Amendment to the US Constitution." IvyPanda , 26 Jan. 2024, ivypanda.com/essays/the-fourteenth-amendment-to-the-us-constitution/.

IvyPanda . (2024) 'The Fourteenth Amendment to the US Constitution'. 26 January.

IvyPanda . 2024. "The Fourteenth Amendment to the US Constitution." January 26, 2024. https://ivypanda.com/essays/the-fourteenth-amendment-to-the-us-constitution/.

1. IvyPanda . "The Fourteenth Amendment to the US Constitution." January 26, 2024. https://ivypanda.com/essays/the-fourteenth-amendment-to-the-us-constitution/.

Bibliography

IvyPanda . "The Fourteenth Amendment to the US Constitution." January 26, 2024. https://ivypanda.com/essays/the-fourteenth-amendment-to-the-us-constitution/.

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The Fourteenth Amendment was ratified on July 9, 1868. The amendment granted citizenship to those born or naturalized in the United States and guaranteed freedom, due process, and equal protection under the law to all Americans. In doing so, it expanded the scope of the Constitution’s protection of individual liberty; now the Constitution protected rights not only from infringement by the federal government, but from infringement by state and local government as well.

The Fourteenth Amendment’s ratification generated some controversy for a time, particularly from legal scholars of the South who claimed that the amendment was invalid because of its ratification process. Despite withdrawing their approval of the amendment, two states (Ohio and New Jersey) were counted as ratifiers of the amendment. Aware of this difficulty, Secretary of State Seward waited until Alabama and Georgia had additionally ratified before officially certifying the Fourteenth Amendment on July 28. Southerners still argued that the amendment was invalid, however, because the beaten southern states, then ruled by federal military commissions, were forced to ratify the amendment in order to regain their full legal status.

Since the 1860s,  all of the originally dissenting states have approved the Fourteenth Amendment, putting to rest any question of its legal status. A number of landmark Supreme Court cases have relied on Section 1’s provisions for due process, equal protection, and privileges and immunities for all U.S. citizens.

Below is a collection of resources recognizing this important piece of American law. Browse these resources or jump from section to section by clicking the links below:

Full text of the Fourteenth Amendment

Relevant supreme court cases from the first amendment library.

Selected online resources

Commentary and articles from JMC fellows

Amendment XIV Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Explore the 14th Amendment at NCC’s Interactive Constitution >>

From JMC’s First Amendment Library:

Gitlow v. New York (1925)

Prior to the Fourteenth Amendment, the Bill of Rights applied only to the federal government, and did not restrict state legislatures. In Gitlow , the Supreme Court decided that the Fourteenth Amendment extended the freedom of speech and press provisions in the Bill of Rights to apply to the individual states. During the first Red Scare in the wake of World War I, Benjamin Gitlow was charged under New York’s “Anarchy Law of 1902” for publishing a “Left Wing Manifesto” in a socialist newspaper. The court upheld Gitlow’s conviction, with vigorous dissents from Justice Brandeis and Justice Holmes, but in doing so ruled that the case fell under federal authority.

Read more about Gitlow v. New York >>

Cantwell v. Connecticut (1940)

In Cantwell v. Connecticut , the Court applied the Free Exercise Clause to state and local government for the first time. Prior to the Fourteenth Amendment, constitutional rights, such as those enumerated in the Bill of Rights, applied only to the federal government. In the Cantwell decision, the Free Exercise clause from the First Amendment was “incorporated” into the Court’s understanding of the protections guaranteed by the Fourteenth Amendment against both federal and state authority.

Read more about Cantwell v. Connecticut >>

Everson v. Board of Education (1947)

The Court examined whether a New Jersey law allowing reimbursements to parents who sent their children on buses operated by the public transportation system to public and private schools, including parochial Catholic schools, was indirect aid to religion and thus a violation of the Establishment Clause of the First Amendment. In a 5-4 decision, the Court ruled that the law was constitutional, because the transportation reimbursements were provided to all students regardless of religion. Also, the reimbursements were made directly to parents and not to any religious institution. This case also applied the Establishment Clause to the actions of state governments.

Read more about Everson v. Board of Education >>

Selected Online Resources

Selected online resources on the Fourteenth Amendment:

National Constitution Center’s Interactive Constitution

The National Constitution Center offers a collection of introductory essays by top liberal and conservative legal scholars that give overviews of each clause of the Fourteenth Amendment as agreed upon by both authors, as well as separate brief statements of these scholars’ disagreements about the meaning of each clause.

Visit NCC’s Interactive Constitution >>

The Library of Congress Web Guide to the Fourteenth Amendment

The Library of Congress has amassed a variety of resources on the Fourteenth Amendment, including primary documents from the time of ratification and related exhibitions and websites.

Explore the Library of Congress web guide >>

Harper’s Weekly Resources on the Fourteenth Amendment

Harper’s Weekly was one of the most widely read journals during the Civil War era. HarpWeek , an organization that has indexed all of Harper’s Weekly , has a webpage devoted to the journal’s coverage of the Fourteenth Amendment. The primary source materials on the site are include editorials, stories, illustrations, cartoons, as well as documents from key political and military figures of the time. Additionally, HarpWeek has added an annotated timeline, biographical sketches, and a glossary of terms.

Visit the HarpWeek Fourteenth Amendment page >>

The Heritage Guide to the Constitution

The Heritage Foundation’s Guide to the Constitution includes scholarly essays on each component of the Fourteenth Amendment.

Explore Heritage’s essays on the Fourteenth Amendment >>

* If you are a JMC fellow who’s published on the Fourteenth Amendment or its history and controversies, and would like your work included here, send it to us at [email protected] . 

Commentary and articles from JMC fellows:

The Impact of the Fourteenth Amendment

Rogers Smith, “Birthright Citizenship and the Fourteenth Amendment in 1868 and 2008.” ( University of Pennsylvania Journal of Constitutional Law 11, 2009)

Keith E. Whittington (co-author), American Constitutionalism: Powers, Rights, and Liberties . (Oxford University Press, 2014) TEXTBOOK

Keith E. Whittington, “Congress Before the Lochner Court.” ( Boston University Law Review 85.3, 2005)

Michael Zuckert, “Congressional Power under the Fourteenth Amendment.” ( Constitutional Commentary 3.123, 1986)

Michael Zuckert, “The Fourteenth Amendment.” ( Federalism in America: An Encyclopedia , Greenwood Press, 2005)

Reconstruction

Keith E. Whittington, “The Road Not Taken: Dred Scott, Constitutional Law, and Political Questions.” ( Journal of Politics 63.2, 2001)

Incorporation

George Thomas, “The Riddle of the Fourteenth Amendment: A Reply to Professor Wildenthal.” ( Ohio State Law Journal 68, 2007)

The Equal Protection Clause

Rogers Smith, “Equal Protection Remedies: The Errors of Liberal Ways and Means.” ( Journal of Political Philosophy 1.3, 1993)

The Due Process Clause and Privileges or Immunities Clause

George Thomas, “Who’s Afraid of Original Meaning?” ( Policy Review , Hoover Institution, December 2010 & January 2011)

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14th Amendment and Equal Protection

How did two Supreme

In 1896, the Supreme Court ruled in Plessy v. Ferguson (1896) that separate accommodations based on race was constitutional. 58 years later in Brown v. The Board of Education of Topeka (1954) the court ruled that separate accommodations based on race were inherently unequal and so unconstitutional. The lesson below explores how the Supreme Court reversed its own precedent on this critically important issue.

As a condition of re-joining the Union after the Civil War, former Confederate states had to ratify what have become known as the “Civil War” Amendments. The Thirteenth Amendment ended slavery; the Fourteenth Amendment granted citizenship to and protected the civil rights of former slaves; and the Fifteenth gave adult black men the right to vote. Unfortunately, the amendments alone proved insufficient to protect African Americans’ rights. Beginning in 1877, laws curbing the civil rights of Blacks began sweeping through Southern state legislatures. These laws became known as “Jim Crow” laws after a black minstrel character. Segregation became a legal requirement and not merely a cultural norm in every Southern state as well as some Northern ones. In 1896, Homer A. Plessy challenged a Louisiana statue necessitating separate rail cars for black and white passengers. Plessy claimed the law violated the Fourteenth Amendment’s Equal Protection clause, which requires that a state must not “deny to any person within its jurisdiction the equal protection of the laws.” The Supreme Court disagreed with Plessy’s argument and instead upheld the Louisiana law. In the process, the Court established the doctrine of “separate but equal.” Though the  Plessy v. Ferguson (1896)  decision never actually used that famous phrase, the ruling upheld the constitutionality of racially separate public accommodations as long as those accommodations were otherwise equal. The lone dissenting Justice in  Plessy,  John Harlan, objected to the majority’s decision: “[I]n view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.” Public schools were able to remain segregated under the  Plessy  ruling. As public education became more common in the Twentieth Century, the Supreme Court’s “separate but equal” doctrine began to have more of an effect on children. Black schools and white schools often received disproportionate funding from state and local governments. In Washington DC, lack of new construction caused overcrowding in black schools, while nearby white schools were under-used. In the Twentieth Century, community-based groups paired with the NAACP to conduct targeted legal challenges to the “separate but equal” doctrine. Their goal was to overturn the “separate but equal” doctrine by building a case that would force the Supreme Court to declare that even if accommodations were “equal” in other ways, segregation itself was unconstitutional. One of the most promising fronts was in the arena of public education. Topeka, Kansas’ school system provided the perfect case because the school buildings, textbooks, materials and teacher salaries were virtually equal in black and white schools. Topeka’s Board of Education operated under an 1879 law, “Schools in Unorganized Counties,” that permitted, but did not require, segregation. In 1951, thirteen parents sued on behalf of their twenty children. Oliver Brown, father of third-grader Linda Brown, became the named plaintiff. After making its way through the District Courts, the  Brown  case went to the Supreme Court. In 1954, sixty years after  Plessy v. Ferguson , the Supreme Court ruled unanimously in  Brown v. Board   of Education  that “separate but equal” was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. The Court cited a series of tests performed by two psychologists, Kenneth and Mamie Clark, demonstrating that segregation had a negative effect on the psyche of black children, instilling in them a sense of inferiority: “To separate [children] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.”  Plessy was officially overturned, as separate accommodations were judges to be “inherently unequal.” Writing for the unanimous Court, Justice Earl Warren stated, “Segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities, even though the physical facilities and other ‘tangible’ factors may be equal. The ‘separate but equal’ doctrine adopted in  Plessy v. Ferguson  has no place in the field of public education.” After the 1954 decision in  Brown v. Board of Education  declared state-mandated segregation in public schools unconstitutional, the case was re-argued to determine how to correct the violations. In a directive known as  Brown   II , the Supreme Court ordered District Courts to determine whether local governments were pursuing integration “with all deliberate speed.” Some states and localities began earnest efforts to integrate, while others used the “deliberate speed” provision to delay integration. In the case of Little Rock Arkansas, integration came only after the President mobilized the National Guard to enforce it.

Discussion Questions

What Supreme Court decision established the doctrine of “separate but equal”? What Kansas law did the  Brown  plaintiffs want struck down? How did the Court rule, and what was the constitutional reasoning? What was the  Brown II  ruling? What role was there for other branches and levels of government in enforcing  Brown   II ? Why might it have taken nearly sixty years to the Supreme Court to get to its current interpretation of the 14 th  Amendment? What might this suggest about the importance of looking at the historical context of Supreme Court rulings?

What role was there for other branches and levels of government in enforcing the Court’s ruling? Create a brief PowerPoint presentation in which you develop your response. Though  Brown  is perhaps the most known public education case, it is not the only suit brought against the segregationist laws governing state and local education systems.  Brown  itself was actually a combination of five cases- Brown  (Topeka, Kansas),  Davis  (Farmville, Virginia),  Belton  (Wilmington, Delaware),  Bolling  (Washington, D.C.), and  Briggs  (Clarendon County, South Carolina). You can learn more about the other four cases using the resources below:

• Belton v. Gebhart (Bulah v. Gebhart) ,  Brown Foundation
• Bolling, et. al. v. C. Melvine Sharpe, et. al. ,  Brown Foundation
• Briggs v. R.W. Elliott ,  Brown Foundation
• Davis, et. al. v. County School Board of Prince Edward County , Brown Foundation
• View the complete  Brown v. Board DBQ lesson
• Plessy v. Ferguson  (1896)
• A law that permitted but did not require segregation. The law’s name was “Schools in Unorganized Counties”(1879).
• The Court ruled for Brown and held that separate accommodations were inherently unequal and thus violated the Fourteenth Amendment’s equal protection clause. The Court cited the psychological harm that segregation had on black children.
• The Brown II ruling ordered District Courts to ensure that schools were taking steps to ensure nondiscrimination “with all deliberate speed.”
• Accept reasoned answers.

Extensions Answer Key

Milestone Documents

14th Amendment to the U.S. Constitution: Civil Rights (1868)

Citation: The House Joint Resolution Proposing the 14th Amendment to the Constitution, June 16, 1866; Enrolled Acts and Resolutions of Congress, 1789-1999; General Records of the United States Government; Record Group 11; National Archives.

View All Pages in the National Archives Catalog

View Transcript

Passed by Congress June 13, 1866, and ratified July 9, 1868, the 14th Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people.

Following the Civil War, Congress submitted to the states three amendments as part of its Reconstruction program to guarantee equal civil and legal rights to Black citizens. A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.

Another equally important provision was the statement that “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The right to due process of law and equal protection of the law now applied to both the federal and state governments.

On June 16, 1866, the House Joint Resolution proposing the 14th Amendment to the Constitution was submitted to the states. On July 28, 1868, the 14th amendment was declared, in a certificate of the Secretary of State, ratified by the necessary 28 of the 37 States, and became part of the supreme law of the land.

Congressman John A. Bingham of Ohio, the primary author of the first section of the 14th Amendment, intended that the amendment also nationalize the Bill of Rights by making it binding upon the states. When introducing the amendment, Senator Jacob Howard of Michigan specifically stated that the privileges and immunities clause would extend to the states “the personal rights guaranteed and secured by the first eight amendments.” Historians disagree on how widely Bingham's and Howard's views were shared at the time in the Congress, or across the country in general. No one in Congress explicitly contradicted their view of the amendment, but only a few members said anything at all about its meaning on this issue. For many years, the Supreme Court ruled that the amendment did not extend the Bill of Rights to the states.

Not only did the 14th Amendment fail to extend the Bill of Rights to the states; it also failed to protect the rights of Black citizens. A legacy of Reconstruction was the determined struggle of Black and White citizens to make the promise of the 14th Amendment a reality. Citizens petitioned and initiated court cases, Congress enacted legislation, and the executive branch attempted to enforce measures that would guard all citizens’ rights. While these citizens did not succeed in empowering the 14th Amendment during Reconstruction, they effectively articulated arguments and offered dissenting opinions that would be the basis for change in the 20th century.

Teach with this document.

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AMENDMENT XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

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Primary Sources on Slavery Winter 2004

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69 | The Reception and Impact of the Declaration of Independence, 1776-1826 | Winter 2023

68 | The Role of Spain in the American Revolution | Fall 2023

67 | The Influence of the Declaration of Independence on the Civil War and Reconstruction Era | Summer 2023

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The Reconstruction Amendments: Official Documents as Social History

By eric foner.

Like other Radical Republicans, Stevens believed that Reconstruction was a golden opportunity to purge the nation of the legacy of slavery and create a "perfect republic," whose citizens enjoyed equal civil and political rights, secured by a powerful and beneficent national government. In his speech on June 13 he offered an eloquent statement of his political dream—"that the intelligent, pure and just men of this Republic . . . would have so remodeled all our institutions as to have freed them from every vestige of human oppression, of inequality of rights, of the recognized degradation of the poor, and the superior caste of the rich." Stevens went on to say that the proposed amendment did not fully live up to this vision. But he offered his support. Why? "I answer, because I live among men and not among angels." A few moments later, the Fourteenth Amendment was approved by the House. It became part of the Constitution in 1868. The Fourteenth Amendment did not fully satisfy the Radical Republicans. It did not abolish existing state governments in the South and made no mention of the right to vote for blacks. Indeed it allowed a state to deprive black men of the suffrage, so long as it suffered the penalty of a loss of representation in Congress proportionate to the black percentage of its population. (No similar penalty applied, however, when women were denied the right to vote, a provision that led many advocates of women’s rights to oppose ratification of this amendment.) Nonetheless, the Fourteenth Amendment was the most important constitutional change in the nation’s history since the Bill of Rights. Its heart was the first section, which declared all persons born or naturalized in the United States (except Indians) to be both national and state citizens, and which prohibited the states from abridging their "privileges and immunities," depriving any person of life, liberty, or property without due process of law, or denying them "equal protection of the laws." In clothing with constitutional authority the principle of equality before the law regardless of race, enforced by the national government, this amendment permanently transformed the definition of American citizenship as well as relations between the federal government and the states, and between individual Americans and the nation. We live today in a legal and constitutional system shaped by the Fourteenth Amendment. The Fourteenth Amendment was one of three changes that altered the Constitution during the Civil War and Reconstruction. The Thirteenth Amendment, ratified in 1865, irrevocably abolished slavery throughout the United States. The Fifteenth, which became part of the Constitution in 1870, prohibited the states from depriving any person of the right to vote because of race (although leaving open other forms of disenfranchisement, including sex, property ownership, literacy, and payment of a poll tax). In between came the Reconstruction Act of 1867, which gave the vote to black men in the South and launched the short-lived period of Radical Reconstruction, during which, for the first time in American history, a genuine interracial democracy flourished. "Nothing in all history," wrote the abolitionist William Lloyd Garrison, equaled "this . . . transformation of four million human beings from . . . the auction-block to the ballot-box." These laws and amendments reflected the intersection of two products of the Civil War era—a newly empowered national state and the idea of a national citizenry enjoying equality before the law. These legal changes also arose from the militant demands for equal rights from the former slaves themselves. As soon as the Civil War ended, and in some places even before, blacks gathered in mass meetings, held conventions, and drafted petitions to the federal government, demanding the same civil and political rights as white Americans. Their mobilization (given moral authority by the service of 200,000 black men in the Union Army and Navy in the last two years of the war) helped to place the question of black citizenship on the national agenda. The Reconstruction Amendments, and especially the Fourteenth, transformed the Constitution from a document primarily concerned with federal-state relations and the rights of property into a vehicle through which members of vulnerable minorities could stake a claim to substantive freedom and seek protection against misconduct by all levels of government. The rewriting of the Constitution promoted a sense of the document’s malleability, and suggested that the rights of individual citizens were intimately connected to federal power. The Bill of Rights had linked civil liberties and the autonomy of the states. Its language—"Congress shall make no law"—reflected the belief that concentrated power was a threat to freedom. Now, rather than a threat to liberty, the federal government, declared Charles Sumner, the abolitionist US senator from Massachusetts, had become "the custodian of freedom." The Reconstruction Amendments assumed that rights required political power to enforce them. They not only authorized the federal government to override state actions that deprived citizens of equality, but each ended with a clause empowering Congress to "enforce" them with "appropriate legislation." Limiting the privileges of citizenship to white men had long been intrinsic to the practice of American democracy. Only in an unparalleled crisis could these limits have been superseded, even temporarily, by the vision of an egalitarian republic embracing black Americans as well as white and presided over by the federal government. Constitutional amendments are often seen as dry documents, of interest only to specialists in legal history. In fact, as the amendments of the Civil War era reveal, they can open a window onto broad issues of political and social history. The passage of these amendments reflected the immense changes American society experienced during its greatest crisis. The amendments reveal the intersection of political debates at the top of society and the struggles of African Americans to breathe substantive life into the freedom they acquired as a result of the Civil War. Their failings—especially the fact that they failed to extend to women the same rights of citizenship afforded black men—suggest the limits of change even at a time of revolutionary transformation. Moreover, the history of these amendments underscores that rights, even when embedded in the Constitution, are not self-enforcing and cannot be taken for granted. Reconstruction proved fragile and short-lived. Traditional ideas of racism and localism reasserted themselves, Ku Klux Klan violence disrupted the Southern Republican party, and the North retreated from the ideal of equality. Increasingly, the Supreme Court reinterpreted the Fourteenth Amendment to eviscerate its promise of equal citizenship. By the turn of the century, the Fourteenth and Fifteenth Amendments had become dead letters throughout the South. A new racial system had been put in place, resting on the disenfranchisement of black voters, segregation in every area of life, unequal education and job opportunities, and the threat of violent retribution against those who challenged the new order. The blatant violation of the Fourteenth and Fifteenth Amendments occurred with the acquiescence of the entire nation. Not until the 1950s and 1960s did a mass movement of black southerners and white supporters, coupled with a newly activist Supreme Court, reinvigorate the Reconstruction Amendments as pillars of racial justice. Today, in continuing controversies over abortion rights, affirmative action, the rights of homosexuals, and many other issues, the interpretation of these amendments, especially the Fourteenth, remains a focus of judicial decision-making and political debate. We have not yet created the "perfect republic" of which Stevens dreamed. But more Americans enjoy more rights and freedoms than ever before in our history.

Eric Foner , the DeWitt Clinton Professor of History at Columbia University, is the author of numerous books on the Civil War and Reconstruction. His most recent book, The Fiery Trial: Abraham Lincoln and American Slavery (2010), has received the Pulitzer, Bancroft, and Lincoln Prizes.

Suggested Sources

Books and printed materials.

A selection of relevant books by the author of this essay: Foner, Eric. Forever Free: The Story of Emancipation and Reconstruction. New York: Knopf, 2005.

Foner, Eric. Nothing But Freedom: Emancipation and Its Legacy. Baton Rouge: Louisiana State University Press, 2007.

Foner, Eric. Reconstruction: America’s Unfinished Revolution, 1863–1807. New York: Perennial Classics, 2002.

On the adoption of the Reconstruction Amendments: Maltz, Earl M. Civil Rights, the Constitution, and Congress, 1863–1869 . Lawrence: University Press of Kansas, 1990.

The Reconstruction Amendments’ Debates: The Legislative History and Contemporary Debates in Congress on the 13th, 14th, and 15th Amendments . Richmond: Commission on Constitutional Government, 1963.

Richards, David A. Conscience and the Constitution: History, Theory, and Law of the Reconstruction Amendments. Princeton: Princeton University Press, 1993.

On Thaddeus Stevens: Stevens, Thaddeus. The Selected Papers of Thaddeus Stevens. Beverly Wilson Palmer and Holly Byers Ochoa, eds. 2 vols. Pittsburgh: University of Pittsburgh Press, 1997.

Internet Resources

Yale University’s "Avalon Project" for a multitude of documents related to American legal and constitutional history:  http://avalon.law.yale.edu/default.asp

For images of manuscript copies of the amendments, transcripts of their texts, and brief background information, see the National Archives’ "Our Documents" site: http://www.ourdocuments.gov/doc.php?doc=40 [Thirteenth Amendment] http://www.ourdocuments.gov/doc.php?doc=43 [Fourteenth Amendment] http://www.ourdocuments.gov/doc.php?doc=44 [Fifteenth Amendment]

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Here’s Why the 14th Amendment Is a Big Deal

The 'equal protection' amendment, which has been used in some of the Supreme Court's most famous cases, turns 147 today.

Getty Images

Demonstrators protest in front of the U.S. Supreme Court while George W. Bush vs. Al Gore is being heard inside December 11, 2000 in Washington, D.C.

When it comes to constitutional amendments, the 14th Amendment has played a big role in moving society forward. It was adopted 147 years ago today, on July 28, 1868, after being initially delayed, when legislatures in Ohio and New Jersey played take-backsies. Lawmakers from the two states ratified the amendment, but then passed resolutions rescinding their support. (Strangely, it took until 2003 for the two states to reverse that decision , according to Politico.) That didn’t matter, as three-quarters of the states approved the amendment by this date. 

The amendment answered the citizenship question for African-Americans after the Civil War. “All persons born or naturalized in the United States … are citizens of the United States and of the state wherein they reside.” It extended “due process” to the states, not just the federal government and offered “equal protection of the laws.”

Plessy v. Ferguson: Of course, the understanding of the amendment has changed over the years. The first landmark case to really test the 14th Amendment was Plessy v. Ferguson in 1896. In Plessy, the Supreme Court said segregation was constitutionally acceptable as long as the facilities were equal. This “separate but equal” mantra allowed for the birth of the Jim Crow South, in which everything from water fountains to public schooling was legally segregated.

Brown v. Board of Education: Nearly 60 years later, the Supreme Court used the 14th Amendment to give segregation another look. In Brown v. Board of Education of Topeka in 1954, the court decided that “separate educational facilities are inherently unequal,” and thus violated the Equal Protection Clause of the 14th Amendment.  The ruling overturned Plessy and forced desegregation. 

Roe v. Wade: Nineteen years after that, the court used the 14th Amendment in a more creative way, legalizing abortion in the United States. In Roe, the court said Americans had a “right to privacy,” pulling text from the Constitution’s First, Fourth, Ninth and, yes, 14th amendments. Jane Roe’s right to privacy was violated by the Texas statute that banned abortions except to save the life of the mother.

Bush v. Gore: In 2000, amid the Florida recount that would decide the presidency, George W. Bush’s lawyers successfully argued that the recount violated the 14th Amendment’s Equal Protection Clause because different standards of counting were used in different municipalities. The court’s decision effectively killed the recount and Bush became the country’s 43rd president that January.

Obergefell v. Hodges: Just last month, the 14th Amendment was again applied , this time to make gay marriage legal across the land. Justice Anthony Kennedy wrote that “no union is more profound than marriage” and that the Due Process Clause extends to “certain personal choices central to individual dignity and autonomy, including intimate choices that define personal identity and beliefs.” He used the equal protection portion of the amendment, too, saying that it “prohibits this unjustified infringement of the fundamental right to marry.” As of June 26, 2015, same-sex marriage became legal in all 50 states.   

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The Crucial Importance of the 14th Amendment in American History

This essay about the 14th Amendment highlights its crucial role in shaping American civil rights and legal history. It emphasizes the amendment’s significance in promoting equality, protecting citizenship rights, and defining the relationship between the federal government and individual states. By prohibiting discrimination and granting citizenship to all born or naturalized in the United States, the 14th Amendment has been instrumental in advancing social progress and addressing systemic injustices. This summary encapsulates the essay’s exploration of the enduring importance and impact of the 14th Amendment on American society. On PapersOwl, there’s also a selection of free essay templates associated with American History.

How it works

The 14th Amendment is like the backbone of American civil rights law. It’s been around since 1868, and let me tell you, it’s been a game-changer. This little piece of legal jargon has done wonders for making sure everyone gets a fair shake under the law, especially those who’ve been pushed to the sidelines.

One of the coolest things about the 14th Amendment is how it’s all about equal treatment. Basically, it says that states can’t go around treating people differently based on stuff like race or background.

That might not seem like a big deal now, but back in the day, it was revolutionary. This part of the amendment has been the driving force behind a bunch of court cases that have torn down segregation, boosted voting rights, and made sure everyone can love who they want to love.

But wait, there’s more! The 14th Amendment also tackles the whole citizenship thing. It says that if you’re born or naturalized in the good ol’ U.S. of A., you’re automatically a citizen. That might not sound like newsflash material today, but back when it was written, it was a huge deal. It basically said to everyone, “Hey, you belong here, no matter where your ancestors came from.” That’s some powerful stuff right there.

And let’s not forget about how the 14th Amendment shook things up between the federal government and the states. It gave the feds more power to step in and make sure everyone’s rights were being respected. So when issues like education or housing discrimination popped up, Uncle Sam could roll up his sleeves and do something about it. It was a real game-changer in terms of making sure everyone had a fair shot at the American Dream.

Therefore, although the 14th Amendment may appear to be just another legalese, it really is quite important. It has been upholding justice and serving as a constant reminder that we are all in this together for more than a century. And that’s something to celebrate in a nation as diverse and complex as ours.

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All Amendments to the US Constitution

By: History.com Editors

Updated: July 17, 2023 | Original: June 14, 2021

Even before the U.S. Constitution was created, its framers understood that it would have to be amended to confront future challenges and adapt and grow alongside the new nation. In creating the amendment process for what would become the permanent U.S. Constitution, the framers made constitutional reform easier—but not too easy.

According to Article V of the Constitution, an amendment must either be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate , or by a constitutional convention called for by two-thirds of state legislatures. Either way, a proposed amendment only becomes part of the Constitution when ratified by legislatures or conventions in three-fourths of the states (38 of 50 states).

Since the Constitution was ratified in 1789, hundreds of thousands of bills have been introduced attempting to amend it. But only 27 amendments to the U.S. Constitution have been ratified , out of 33 passed by Congress and sent to the states. Under Article V, states also have the option of petitioning Congress to call a constitutional convention if two-thirds of state legislatures agree to do so. This has never occurred, though state legislatures have passed hundreds of resolutions over the years calling for a constitutional convention over issues ranging from a balanced budget to campaign finance reform.

Here is a summary of the 27 amendments to the Constitution:

First Amendment (ratified 1791)

In order to secure support for the Constitution among Anti- Federalists , who feared it gave too much power to the national government at the expense of individual states, James Madison agreed to draft a Bill of Rights during the first session of Congress. Of these first 10 amendments, the First Amendment is arguably the most famous and most important. It states that Congress can pass no law that encroaches on an American freedom of religion, freedom of speech, freedom of the press, freedom to assemble and freedom to petition the government. These fundamental rights of thought and expression go to the heart of the revolutionary idea of popular government, as envisioned in the Declaration of Independence .

Second Amendment (ratified 1791)

The text of the Second Amendment reads: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” During the Revolutionary War era, “militia” referred to groups of men who banded together to protect their communities, towns, colonies and eventually states.

Differing interpretations of the amendment have fueled a long-running debate over the original intention of the Second Amendment. The crux of the debate is whether the amendment protects the right of private individuals to keep and bear arms, or whether it instead protects a collective right that should be exercised only through formal militia units. Those who argue it is a collective right point to the “well-regulated Militia” clause in the Second Amendment. Gun rights supporters, as well as Supreme Court decisions such as District of Columbia v. Heller (2008), have argued the Second Amendment protects the right of an individual person to keep and bear arms for the purposes of self defense.

Third Amendment (ratified 1791)

This amendment prohibits the quartering of militia in private homes in either war or peacetime without consent of the homes’ owners. As a reaction against past laws allowing British soldiers to take shelter in colonists’ homes whenever they wanted, the Third Amendment doesn’t appear to have much constitutional relevance today, as the federal government is unlikely to ask private citizens to house soldiers. The Supreme Court has never decided a case on the basis of the Third Amendment, but it has referred to its protections in cases surrounding issues of property and privacy rights.

Fourth Amendment (ratified 1791)

The Fourth Amendment’s guarantee of “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures” also grew directly out of colonial Americans’ experiences prior to the Revolutionary War . Most notably, British authorities made use of general warrants, which were court orders that allowed government officials to conduct searches basically without limitations. Beginning in the 20th century, with the growth in power of federal, state and local law enforcement, the Fourth Amendment became an increasingly common presence in legal cases, limiting the power of the police to seize and search people, their homes and their property and ensuring that evidence gathered improperly could be excluded from trials.

Fifth Amendment (ratified 1791)

In addition to the famous right to refuse to testify against oneself (or “plead the Fifth”), the Fifth Amendment establishes other key rights for defendants in criminal proceedings, including the need for formal accusation by a grand jury and the protection against double jeopardy, or being tried for the same crime twice. It also requires the federal government to pay just compensation for any private property it takes for public use. Most importantly, the Fifth Amendment guarantees that no one can face criminal punishment without receiving “due process of law,” a protection that the Supreme Court later extended under the due process clause of the 14th Amendment .

Sixth Amendment (ratified 1791)

The Sixth Amendment also deals with protecting the rights of people against possible violations by the criminal justice system. It ensures the right to a public trial by an impartial jury without a significant delay and gives defendants the right to hear the charges against them, call and cross-examine witnesses and retain a lawyer to defend them in court. 

According to the modern interpretation of the amendment—shaped by Supreme Court cases such as Powell v. Alabama (1932), which involved the defendants known as the Scottsboro Boys —the state is required to provide effective legal representation for any defendant who cannot afford to employ a lawyer on their own.

Seventh Amendment (ratified 1791)

With the Seventh Amendment, Madison addressed two Anti-Federalist concerns: that the document failed to require jury trials for civil (non-criminal) cases, and that it gave the Supreme Court the power to overturn the factual findings of juries in lower courts. Considered one of the most straightforward amendments in the Bill or Rights, the Seventh Amendment extends the right to a jury trial to federal civil cases such as automobile accidents, property disputes, breach of contract, and discrimination lawsuits. It also prevents federal judges from overturning jury verdicts based on questions of fact, rather than law. Unlike nearly every other right in the Bill of Rights, the Supreme Court has not extended the right to civil jury trial to the states, although most states do guarantee this right.

Eighth Amendment (ratified 1791)

The Eighth Amendment continues the theme of the Fifth and Sixth Amendments by targeting potential abuses on the part of the criminal justice system. In banning the requirement of “excessive bail,” the imposition of “excessive fines,” and the infliction of “cruel and unusual punishment,” but leaving the exact interpretation of these terms unclear, it paved the way for future generations to battle over their meaning. In particular, differing opinions over what constitutes “cruel and unusual punishment” fuel the ongoing debate in the United States over capital punishment.

Ninth Amendment (ratified 1791)

During the debate that produced the Bill of Rights, skeptics argued that by listing such fundamental rights in the Constitution, the framers would be implying that the rights they did not list did not exist. Madison sought to allay these fears with the Ninth Amendment. It ensures that even while certain rights are enumerated in the Constitution, people still retain other non-enumerated rights. 

Legal scholars and courts have long debated the meaning of the Ninth Amendment, particularly whether or not it provides a foundation for such rights as privacy (as in the 1965 case Griswold v. Connecticut ) or a woman’s right to an abortion (1973’s Roe v. Wade ).

10th Amendment (ratified 1791)

As the final amendment in the Bill of Rights , the 10th Amendment originally aimed to reassure Anti-Federalists by further defining the balance of power between the national government and those of the individual states. According to the 10th Amendment, the federal government’s powers are limited to those expressly given to it by the Constitution, while all other powers are reserved for the states or the people. Over the generations, debate has continued over which powers fall into this latter category, and what limitations should be placed on the expanding powers of the federal government.

11th Amendment (ratified 1795)

The first amendment to be ratified after the Bill of Rights, the 11th Amendment was also the first to be framed in direct response to a Supreme Court verdict. In Chisholm v. Georgia (1793), the Court had ruled that the plaintiff, a resident of South Carolina, had the right to sue Georgia for repayment of debts incurred during the Revolutionary War. After many states argued that using the federal courts in this way would shift too much power to the national government, Congress passed the 11th Amendment, which removes all cases involving suits between states from federal court jurisdiction.

12th Amendment (ratified 1804)

Passed in the wake of the chaotic presidential election of 1800 , in which Thomas Jefferson and his fellow Democratic-Republican Aaron Burr received the exact same number of votes in the Electoral College , the 12th Amendment provides the method for selecting president and vice president of the United States. Though Article II, Section 1 of the Constitution had mandated that each elector cast two votes without differentiating between their choices for president and vice president, the 12th Amendment requires electors to split the balloting for the two offices.

13th Amendment (ratified 1865)

More than six decades passed between ratification of the 12th and 13th Amendments. With the United States roiled by sectional tensions over slavery, few in the post-founding generations wanted to provoke a constitutional crisis by proposing a potentially divisive amendment. But after Abraham Lincoln issued the Emancipation Proclamation , which freed only enslaved people behind enemy lines during the Civil War , support grew for a constitutional amendment to abolish slavery. Ratified after Lincoln’s assassination, the 13th Amendment finally put an end to the institution that had marred the country since 1619 .

14th Amendment (ratified 1868)

Intended to give Congress the authority to protect the rights of Black citizens in the South, where white-dominated state governments enacted discriminatory “ Black codes ” immediately following the end of the Civil War , the 14th Amendment was arguably the most important of the three amendments passed during Reconstruction . Section 1 of the amendment reversed the Supreme Court’s notorious decision in 1857’s Dred Scott v. Sandford by stating that anyone born in the United States is a citizen. It also extended the civil rights of citizens and their right to due process by protecting civil rights from infringement by the states as well as the federal government. Finally, Section 1 guarantees “equal protection under the laws” to all citizens.

Together with the Bill of Rights, these broad protections form the foundations of civil rights law in the United States, and have been invoked over the years by various groups of citizens ( as well as corporations ) seeking equal treatment under the law.

Section 2 of the 14th Amendment repealed the three-fifths clause of the original Constitution, which held that each enslaved person counted for three-fifths of a person. It specified that every resident of a state should be counted as a full person for the purposes of congressional representation. Section 3, aimed at former Confederate leaders, holds that Congress can bar any official who “shall have engaged in insurrection or rebellion” against the United States from holding public office. Section 4 exempted federal and state governments from paying any debts incurred by the former Confederate states or compensating them for the loss of their human property. Finally, Section 5 of the 14th Amendment gives Congress the authority to create laws to enforce the amendment’s provisions, a sweeping mandate that would strengthen the power of the federal government in relation to the states.

15th Amendment (ratified 1870)

After Congress enfranchised Black male voters in the South by passing the Reconstruction Act of 1867, it sought to protect this right under the Constitution. As the last of the so-called Civil War amendments, all of which sought to ensure equality for African Americans, the 15th Amendment outlaws discrimination in voting rights on the basis of race, color or previous condition of servitude. With the end of Reconstruction in 1877, however, Southern states effectively disenfranchised Black voters by enacting poll taxes, literacy tests and other discriminatory practices. The promise of the 15th Amendment to protect Black voting rights remained unfulfilled until the civil rights movement and passage of the Voting Rights Act of 1965.

16th Amendment (ratified 1913)

Though Americans had paid income taxes in earlier eras (during the Civil War , for example), the Supreme Court ruled in 1894’s Pollock v. Farmer’s Loan and Trust that an income tax imposed by Congress was unconstitutional given Article I’s requirement that such “direct” taxes be apportioned among the states on the basis of population. The decision drew widespread outrage, and led to the passage of the first of four constitutional amendments that would be ratified during the Progressive era . The 16th Amendment gives Congress the power to enact a nationwide income tax, vastly expanding the federal government’s source of revenue and spending power and enabling it to become a stronger force in American life than ever before.

17th Amendment (ratified 1913)

The movement in favor of the popular election of senators gained strength in the late 19th century, fueled by a view of the Senate as an out-of-touch, elitist group subject to corruption. By 1912, many state legislatures had lent their vocal support to the change, leading to ratification of the 17th Amendment the following year. The amendment substantially altered the structure of Congress as set out in Article I of the Constitution, removing from state legislatures the power to choose U.S. senators and giving it directly to the voters of each state.

18th Amendment (ratified 1919)

Though the temperance movement had existed since the earliest years of the nation’s history, it gained strength during the Progressive Era , especially in rural American communities. The new income tax freed the government from its dependence on the liquor tax, and senators (now directly elected) were subject to greater pressure from temperance advocates. Congress followed up on ratification of the 18th Amendment, which banned “the manufacture, sale, or transportation of intoxicating liquors,” but not their consumption, with passage of the Volstead Act to enforce it. Prohibition remained in effect for the next 13 years, until its repeal with the 21st Amendment.

19th Amendment (ratified 1920)

Susan B. Anthony and other supporters of women’s suffrage were bitterly disappointed after the Civil War, when Congress excluded gender from the list of categories that could not be used to deny voting rights in the 15th Amendment. With a constitutional amendment stalled in Congress for decades, suffragists focused their efforts on the states, where they were able to make gradual progress . By the time the 19th Amendment was ratified in 1920, forbidding the United States or any state from denying or abridging the right to vote to any citizen “on account of sex,” 30 states and one territory allowed women to vote in at least some elections. Even after ratification of the 19th Amendment, many women of color were subject to various types of voter suppression until passage of the Voting Rights Act of 1965 .

20th Amendment (ratified 1933)

Before ratification of the 20th Amendment, 13 months had passed between the election of a new Congress and the time it held its first meeting. The amendment shortened this “lame-duck” period by specifying that regular terms for members of the Senate and House of Representatives begin on January 3 of the year following their election. It also moved up the inauguration of the president by six weeks, moving it to January 20. The 20th Amendment was quickly proposed, passed and ratified during the Great Depression , when many people regretted that Franklin D. Roosevelt had to wait four months to succeed the unpopular Herbert Hoover .

21st Amendment (ratified 1933)

Prohibition became widely unpopular during the Depression, especially in American cities, where some demonstrators marched in parades carrying signs declaring “We Want Beer.” The 21st Amendment, which ended Prohibition and left the states in charge of regulating the sale and consumption of liquor, is the only amendment that repeals an earlier amendment (the 18th). It’s also the only one to be ratified by state ratifying conventions rather than state legislatures. As the temperance movement still held sway in many states, supporters of the 21st Amendment realized that state legislators could be subject to political pressure, and opted to follow the convention route instead.

22nd Amendment (ratified 1951)

Though term limits were not a part of the Constitution, later generations of Americans believed that George Washington set a valuable precedent when he made the decision to step away from the presidency after two terms in 1796. Several later presidents flirted with the idea of a third term, but Franklin D. Roosevelt was the first to follow through. Guiding the nation through the tumultuous era spanning the Depression and World War II , FDR won an unprecedented four presidential elections , but died several months after his fourth term began in 1945. Two years later, Congress began the process of passing the 22nd Amendment, which limited future presidents to two terms .

23rd Amendment (ratified 1961)

Since the District of Columbia became the seat of the U.S. government in 1800, debate had raged over the inability of its residents to participate in federal elections. The 23rd Amendment addressed this, giving D.C. residents the right to choose electors for presidential and vice-presidential elections in the same way the states do. While the original version of the amendment approved by the Senate would have granted the District representation in the House of Representatives, the House rejected this idea. In 1978, Congress adopted another proposed amendment that provided for D.C. to “be treated as though it were a State,” including congressional representation, but it failed to win ratification .

24th Amendment (ratified 1964)

Starting in the years following Reconstruction , many white-dominated Southern legislatures enacted poll taxes as a method of disenfranchising Black voters . Congress repeatedly debated legislation to eliminate poll taxes starting in 1939, but none passed. Though only five states still had such taxes in place by 1964, supporters of the civil rights movement saw their abolition as an important objective in combating racism and discrimination against Black Americans. The 24th Amendment applied only to federal elections, and after its ratification several southern states tried to maintain poll taxes for separately held state elections. In Harper v. Virginia Board of Elections (1966), the Supreme Court deemed such taxes a violation of the 14th Amendment’s equal protection clause.

25th Amendment (ratified 1967)

After John F. Kennedy was assassinated in November 1963, a movement grew to clarify the vague procedures that had existed around presidential disability and the right of succession. The 25th Amendment states that the vice president will succeed the president in case of the latter’s death or resignation, and lays out the procedure for filling a vacancy in the vice president’s office. It also allows the president to declare a temporary inability to serve—as in the case of undergoing surgery—and resume powers when able. The fourth and most controversial section, which has never been invoked, empowers the vice president to become acting president if the president is determined (by the vice president and the majority of the Cabinet, backed by Congress) to be unable to perform the duties of the office.

26th Amendment (ratified 1971)

The long-running debate over whether young Americans should be asked to risk their lives fighting for their country before they were given the right to vote intensified during the Vietnam War . In 1970, Congress passed a statute lowering the age of voting in all federal, state and local elections to 18. When Oregon challenged that law, the Supreme Court sided with the state, ruling that Congress only had jurisdiction over federal elections. With a groundswell of popular support, the 26th Amendment was passed and ratified in record time, lowering the legal voting age to 18 in all U.S. elections.

27th Amendment (ratified 1992)

By prohibiting any law raising or lowering the salaries of members of Congress from taking effect before the start of a new session of Congress begins, the 27th Amendment aims to reduce corruption in the legislative branch of the federal government. Originally introduced by Madison, it was left in limbo when the first 10 amendments were ratified in 1791 and largely forgotten by the late 20th century, when Gregory Watson, a college student in Texas, read about it in a class on American government. Watson later rallied enough popular support (and resentment of Congress) to get the requisite three-quarters of U.S. states to ratify the 27 Amendment by 1992, nearly 200 years after Madison first proposed it .

Constitutional Amendment Process. Federal Register, National Archives .

Jack N. Rakove, ed. The Annotated U.S. Constitution and Declaration of Independence . (Harvard University Press, 2009)

The Heritage Guide to the Constitution. Heritage Foundation .

Interactive Constitution. Constitution Center .

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