1.2 The Fourteenth Amendment
9 min read•august 21, 2024
The Fourteenth Amendment, ratified in 1868, revolutionized American civil rights. It established citizenship for all persons born in the U.S., protected due process rights, and mandated . These provisions aimed to secure rights for formerly enslaved people and reshape the relationship between federal and state governments.
The amendment's impact continues to evolve through legal interpretation and application. It serves as the foundation for major civil rights advancements, including desegregation, gender equality, and LGBTQ+ rights. Courts use different levels of scrutiny to analyze equal protection claims, balancing government interests against individual rights in an ever-changing social landscape.
Historical context of 14th Amendment
- Ratified in 1868 as part of the Reconstruction Amendments following the Civil War
- Addressed citizenship rights and equal protection under the law for all persons
- Aimed to protect the rights of formerly enslaved people and ensure their full participation in American society
Reconstruction era background
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- Period of rebuilding and reform in the United States from 1865 to 1877
- Focused on reintegrating Southern states and establishing civil rights for freed slaves
- Included passage of Civil Rights Acts of 1866 and 1875
- Faced significant resistance from Southern states and white supremacist groups (Ku Klux Klan)
Civil War aftermath
- Resulted in the abolition of slavery through the 13th Amendment
- Left a power vacuum in the South and uncertainty about the status of former slaves
- Created tension between federal and state governments over civil rights enforcement
- Led to the establishment of the Freedmen's Bureau to assist former slaves and refugees
Key provisions
- Established fundamental constitutional protections for individual rights and liberties
- Addressed issues of citizenship, due process, and equal protection under the law
- Significantly expanded federal power to protect civil rights and limit state actions
Citizenship clause
- Defines citizenship for all persons born or naturalized in the United States
- Overturned the Dred Scott decision which denied citizenship to African Americans
- Applies to children born in the U.S. regardless of parents' citizenship status (birthright citizenship)
- Includes dual citizenship recognition for individuals born to U.S. citizens abroad
Due process clause
- Prohibits states from depriving any person of life, liberty, or property without due process of law
- Extends federal due process protections to state actions
- Encompasses both procedural due process (fair procedures) and (protection of )
- Applied to corporations as "persons" in (1886)
Equal protection clause
- Requires states to provide equal protection of the laws to all persons within their jurisdiction
- Prohibits discriminatory treatment based on race, national origin, and other protected characteristics
- Serves as the basis for many civil rights cases challenging discriminatory laws and practices
- Extended to gender discrimination in Reed v. Reed (1971)
Privileges or immunities clause
- Protects the rights of citizens from state infringement
- Initially interpreted narrowly in the Slaughter-House Cases (1873)
- Remains largely dormant but has potential for future expansion of civil liberties protections
- Includes rights such as the right to travel between states and access to navigable waterways
Incorporation doctrine
- Legal doctrine applying the Bill of Rights to state governments through the 14th Amendment
- Developed gradually through Supreme Court decisions over the 20th century
- Significantly expanded federal protection of individual rights against state actions
- Continues to evolve with ongoing debates about which rights should be incorporated
Selective vs total incorporation
- applies specific provisions of the Bill of Rights to states case-by-case
- argues for applying the entire Bill of Rights to states at once
- Selective incorporation prevailed as the dominant approach in Supreme Court jurisprudence
- Debate continues over whether some rights (grand jury indictment) should remain unincorporated
Incorporated rights
- First Amendment freedoms (speech, religion, press, assembly)
- Fourth Amendment protections against unreasonable searches and seizures
- Fifth Amendment right against self-incrimination and double jeopardy
- Sixth Amendment right to counsel and jury trial
- Eighth Amendment prohibition on cruel and unusual punishment
Equal protection analysis
- Framework used by courts to determine if a law or government action violates equal protection
- Involves different levels of scrutiny based on the classification or right involved
- Balances government interests against individual rights and protections
- Developed through Supreme Court decisions interpreting the
Rational basis test
- Lowest level of scrutiny applied to most laws and government actions
- Requires only a rational relationship between the law and a legitimate government interest
- Presumes the law is constitutional, placing burden of proof on the challenger
- Applied to economic and social welfare legislation (minimum wage laws)
Intermediate scrutiny
- Middle level of scrutiny applied to gender-based classifications and some other categories
- Requires the law to be substantially related to an important government interest
- Government bears the burden of justifying the classification
- Used in cases like Craig v. Boren (1976) challenging gender-based alcohol purchasing laws
Strict scrutiny
- Highest level of scrutiny applied to suspect classifications (race, national origin) and fundamental rights
- Requires the law to be narrowly tailored to achieve a compelling government interest
- Government bears a heavy burden to justify the classification or infringement
- Applied in cases like (1967) striking down interracial marriage bans
Due process applications
- Protects individuals from arbitrary government actions affecting life, liberty, or property
- Encompasses both procedural safeguards and substantive rights protections
- Applies to civil and criminal proceedings at both state and federal levels
- Continues to evolve through judicial interpretation and application to new contexts
Substantive vs procedural
- Substantive due process protects fundamental rights not explicitly mentioned in the Constitution
- Procedural due process ensures fair procedures when the government deprives someone of life, liberty, or property
- Substantive due process used to recognize rights like privacy and marriage equality
- Procedural due process requires notice and opportunity to be heard (Goldberg v. Kelly, 1970)
Fundamental rights protection
- Recognizes certain rights as fundamental and deserving of heightened protection
- Includes rights to privacy, marriage, procreation, and family autonomy
- Requires analysis when government actions infringe on these rights
- Expanded to include same-sex marriage in (2015)
Impact on civil rights
- Served as the constitutional foundation for major civil rights advancements
- Enabled federal intervention to protect individual rights against state discrimination
- Provided legal basis for challenging discriminatory laws and practices
- Continues to be invoked in emerging civil rights issues and debates
Racial discrimination cases
- (1954) overturned "separate but equal" doctrine in public education
- Loving v. Virginia (1967) struck down laws banning interracial marriage
- Shelley v. Kraemer (1948) prohibited enforcement of racially restrictive housing covenants
- Batson v. Kentucky (1986) banned racial discrimination in jury selection
Gender equality jurisprudence
- Reed v. Reed (1971) first case to invalidate a law for gender discrimination under Equal Protection Clause
- Craig v. Boren (1976) established for gender-based classifications
- United States v. Virginia (1996) required Virginia Military Institute to admit women
- Frontiero v. Richardson (1973) struck down gender-based differences in military benefits
LGBTQ+ rights expansion
- (2003) struck down sodomy laws, recognizing right to sexual privacy
- United States v. Windsor (2013) invalidated part of Defense of Marriage Act defining marriage as between man and woman
- Obergefell v. Hodges (2015) established nationwide right to same-sex marriage
- Bostock v. Clayton County (2020) extended workplace discrimination protections to LGBTQ+ individuals
State action doctrine
- Limits application of 14th Amendment protections to actions by state actors, not private individuals
- Determines when private conduct can be attributed to the state for constitutional purposes
- Balances individual rights protection with respect for private autonomy
- Developed through Supreme Court cases interpreting the scope of state action
Public vs private discrimination
- 14th Amendment directly applies to discrimination by government entities and officials
- Private discrimination generally not subject to constitutional constraints
- Exceptions exist when private entities perform traditional public functions
- addresses some forms of private discrimination (public accommodations)
Exceptions to state action
- Public function doctrine applies when private entities perform traditionally exclusive government functions
- Entanglement exception when government significantly involves itself with private conduct
- State compulsion when government coerces or encourages private discriminatory action
- Symbiotic relationship when government and private entity have interdependent relationship
Congressional enforcement power
- Section 5 of 14th Amendment grants Congress power to enforce its provisions through legislation
- Enables federal government to protect civil rights beyond judicial interpretations
- Allows for proactive measures to prevent and remedy constitutional violations
- Subject to limitations to maintain balance between federal and state powers
Section 5 authority
- Grants Congress power to pass laws enforcing 14th Amendment provisions
- Allows for prophylactic measures to prevent potential constitutional violations
- Used to enact civil rights legislation ()
- Permits Congress to abrogate state sovereign immunity in certain cases
Limits on congressional power
- (1997) established "congruence and proportionality" test
- Requires congressional action to be proportional to the constitutional violation addressed
- Prevents Congress from substantively redefining constitutional rights
- Limits ability to override Supreme Court interpretations of 14th Amendment
Modern interpretation challenges
- Ongoing debates over proper interpretation and application of 14th Amendment
- Tensions between original intent and evolving societal norms and values
- Balancing individual rights protection with federalism and separation of powers concerns
- Addressing new technologies and social issues not contemplated by Amendment's framers
Original intent vs living document
- Originalism emphasizes understanding Amendment as intended by its framers
- Living Constitution approach advocates for evolving interpretation based on contemporary values
- Debates impact issues like affirmative action and voting rights
- Influences judicial nominations and constitutional interpretation methodologies
Ongoing constitutional debates
- Affirmative action policies in education and employment
- Voting rights protections and redistricting practices
- Abortion rights and reproductive freedoms
- Immigration policies and birthright citizenship
- Corporate personhood and campaign finance regulations
Landmark Supreme Court cases
- Shaped interpretation and application of 14th Amendment over time
- Established key doctrines and precedents in civil rights jurisprudence
- Reflect changing societal attitudes and legal understandings
- Continue to influence contemporary debates and legal challenges
Plessy vs Ferguson
- 1896 case upholding racial segregation under "separate but equal" doctrine
- Validated Jim Crow laws and state-mandated racial segregation
- Interpreted Equal Protection Clause narrowly, allowing racial classifications
- Overturned by Brown v. Board of Education in 1954
Brown vs Board of Education
- 1954 decision overturning Plessy and ending legal racial segregation in public schools
- Held that "separate educational facilities are inherently unequal"
- Marked turning point in and 14th Amendment interpretation
- Led to desegregation efforts and further civil rights legislation
Obergefell vs Hodges
- 2015 case establishing nationwide right to same-sex marriage
- Found marriage equality protected by Due Process and Equal Protection Clauses
- Culmination of decades of LGBTQ+ rights litigation and advocacy
- Continues to face challenges and debates over religious liberty exemptions
Future of 14th Amendment
- Ongoing debates over interpretation and application to emerging civil rights issues
- Potential for new amendments or revisions to address contemporary challenges
- Continued importance in protecting individual rights and promoting equality
- Likely to remain central to constitutional law and civil rights jurisprudence
Emerging civil rights issues
- Artificial intelligence and algorithmic discrimination
- Transgender rights and gender identity protections
- Environmental justice and climate change impacts on vulnerable communities
- Digital privacy and data protection concerns
- Disability rights in an increasingly technology-dependent society
Potential amendments or revisions
- Equal Rights Amendment to explicitly protect against sex discrimination
- Clarifying in light of immigration debates
- Addressing corporate personhood and campaign finance issues
- Strengthening voting rights protections
- Balancing religious liberty with anti-discrimination protections
Key Terms to Review (30)
Brown v. Board of Education: Brown v. Board of Education was a landmark 1954 Supreme Court case that declared racial segregation in public schools unconstitutional, effectively overturning the 'separate but equal' doctrine established in Plessy v. Ferguson. This case played a crucial role in shaping civil rights law and advancing the struggle for racial equality in education and beyond.
Citizenship clause: The citizenship clause refers to the section of the Fourteenth Amendment that grants citizenship to all persons born or naturalized in the United States. This was a monumental change in the legal status of individuals, particularly for formerly enslaved people, and it helped lay the groundwork for equal protection under the law and civil rights. By establishing a clear definition of citizenship, this clause also aimed to combat the racial discrimination that existed prior to its ratification.
City of Boerne v. Flores: City of Boerne v. Flores is a landmark Supreme Court case from 1997 that addressed the balance of power between federal and state governments concerning the Religious Freedom Restoration Act (RFRA). The Court ruled that Congress had exceeded its authority under the Fourteenth Amendment by applying RFRA to the states, thereby limiting the power of Congress to enforce laws that protect religious freedoms at the state level.
Civil Rights Act of 1964: The Civil Rights Act of 1964 is landmark legislation in the United States that outlawed discrimination based on race, color, religion, sex, or national origin. This act was a significant step towards ensuring equal rights for all citizens and laid the groundwork for further civil rights advancements across various areas, including education, employment, and public accommodations.
Civil rights movement: The civil rights movement was a social and political struggle in the United States, primarily during the 1950s and 1960s, aimed at ending racial discrimination and securing equal rights for African Americans. This movement not only sought to dismantle segregation laws but also aimed to promote voting rights, economic equality, and social justice, making significant impacts on American society and legislation.
Civil rights protections: Civil rights protections are legal measures and policies designed to ensure individuals' equal treatment and freedom from discrimination based on characteristics such as race, gender, religion, or disability. These protections aim to uphold the principles of equality and justice in society, promoting the idea that all individuals deserve the same rights and opportunities under the law.
Due Process Clause: The Due Process Clause is a constitutional provision that guarantees individuals the right to fair legal proceedings and protects them from arbitrary deprivation of life, liberty, or property by the government. It is found in both the Fifth and Fourteenth Amendments of the U.S. Constitution, emphasizing that no person shall be deprived of their fundamental rights without the due process of law, ensuring legal fairness and justice.
Equal Protection Clause: The Equal Protection Clause is a provision in the Fourteenth Amendment of the U.S. Constitution that prohibits states from denying any person within their jurisdiction the equal protection of the laws. This clause serves as a fundamental principle ensuring that individuals are treated equally under the law, influencing various legal standards and societal norms regarding discrimination based on race, gender, and other characteristics.
Equal protection under the law: Equal protection under the law is a principle that mandates individuals in similar situations be treated equally by the law, ensuring that no person or group is discriminated against by legal systems. This principle is crucial in promoting fairness and justice within society, as it holds that laws should apply equally to all individuals, regardless of race, gender, or other characteristics. It is fundamentally tied to the concept of equality and non-discrimination as embodied in the Fourteenth Amendment.
Fundamental Rights: Fundamental rights are basic human rights that are recognized as essential to the dignity and freedom of individuals. These rights are often protected by law and serve as a foundation for justice, equality, and liberty in society. They are crucial in safeguarding individuals against government overreach and discrimination, particularly through mechanisms like substantive due process and constitutional provisions such as the Fourteenth Amendment.
Incorporation doctrine: The incorporation doctrine is a constitutional doctrine through which the Bill of Rights is made applicable to the states via the Fourteenth Amendment's Due Process Clause. This means that many protections originally intended to limit only the federal government are extended to also restrict state governments, ensuring that individual rights are safeguarded across both levels of government.
Intermediate Scrutiny: Intermediate scrutiny is a standard of judicial review that falls between strict scrutiny and rational basis review. It is applied by courts when evaluating laws or government actions that discriminate based on gender or legitimacy, requiring that the law serve an important governmental objective and be substantially related to achieving that objective. This level of scrutiny balances the need for certain legal protections against the government's interest in maintaining regulatory authority.
Lawrence v. Texas: Lawrence v. Texas was a landmark Supreme Court case decided in 2003 that struck down sodomy laws in Texas, thereby decriminalizing same-sex sexual conduct across the United States. This decision reinforced the idea that adults have the right to engage in private, consensual sexual activities without government interference, which is crucial in discussions surrounding discrimination based on sexual orientation and privacy rights.
Lgbtq+ rights movement: The LGBTQ+ rights movement is a social and political campaign advocating for the rights and acceptance of individuals who identify as lesbian, gay, bisexual, transgender, queer, or other diverse sexual orientations and gender identities. This movement seeks to address discrimination, promote equal rights, and ensure that all individuals can live openly and authentically without fear of persecution or prejudice, linking closely to issues of discrimination, personal autonomy, and constitutional protections.
Loving v. Virginia: Loving v. Virginia was a landmark Supreme Court case in 1967 that invalidated laws prohibiting interracial marriage in the United States. This ruling not only struck down state bans on interracial marriage but also played a crucial role in the broader civil rights movement by reinforcing the principles of equality and personal autonomy under the Fourteenth Amendment.
Obergefell v. Hodges: Obergefell v. Hodges is a landmark Supreme Court case decided in 2015 that legalized same-sex marriage across the United States. This decision affirmed that state bans on same-sex marriage and refusal to recognize such marriages violated the Fourteenth Amendment, particularly its guarantees of equal protection and due process, thereby reshaping the legal landscape for LGBTQ+ rights and personal autonomy.
Plessy v. Ferguson: Plessy v. Ferguson was a landmark 1896 Supreme Court case that upheld the constitutionality of racial segregation under the doctrine of 'separate but equal.' This ruling legitimized racial discrimination and established a legal basis for segregation, particularly in public facilities, contributing to systemic inequalities that fueled the struggle for civil rights and shaped the trajectory of the African American civil rights movement.
Privileges or immunities clause: The privileges or immunities clause is a provision found in the Fourteenth Amendment of the U.S. Constitution that prohibits states from denying citizens their fundamental rights and privileges. It ensures that citizens are granted the same rights regardless of the state they reside in, promoting equality and protecting individual freedoms against state infringement.
Rational Basis Test: The rational basis test is a legal standard used by courts to evaluate the constitutionality of laws or government actions that affect individuals' rights, particularly in matters of equal protection under the law. It requires that a law be rationally related to a legitimate government interest, meaning that the government must show a reasonable connection between the law and its purpose. This test is often applied in cases that do not involve fundamental rights or suspect classifications, making it a relatively lenient standard for lawmakers.
Reconstruction Era: The Reconstruction Era was a period in American history from 1865 to 1877, following the Civil War, focused on rebuilding the United States and integrating formerly enslaved African Americans into society. This era was marked by significant legislative changes, including the passage of amendments aimed at ensuring civil rights and addressing the inequalities faced by freedmen, which laid the groundwork for future civil rights movements.
Roe v. Wade: Roe v. Wade is a landmark 1973 Supreme Court case that established a woman's legal right to have an abortion under the constitutional right to privacy. This case set a precedent for reproductive rights and has had a profound impact on the legal landscape surrounding abortion, privacy, and women's autonomy.
Santa Clara County v. Southern Pacific Railroad: Santa Clara County v. Southern Pacific Railroad is a landmark Supreme Court case decided in 1886 that established corporations as 'persons' under the Fourteenth Amendment, which protects individuals from state interference with their rights. This ruling was significant because it opened the door for corporations to claim legal rights, including equal protection under the law, thereby influencing future corporate regulation and civil rights issues.
Selective incorporation: Selective incorporation is a legal doctrine that ensures that certain protections in the Bill of Rights are applied to state governments through the Fourteenth Amendment's Due Process Clause. This process involves the gradual incorporation of specific rights, meaning that not all rights are automatically applicable to the states, but rather selected rights are recognized as fundamental and thus must be upheld by state laws.
Strict Scrutiny: Strict scrutiny is the highest level of judicial review used by courts to evaluate the constitutionality of government actions or laws that classify individuals based on race, national origin, or fundamental rights. Under this standard, the government must show that its action serves a compelling state interest and is narrowly tailored to achieve that interest. This concept is crucial in understanding how courts assess equality and protection under the law.
Substantive Due Process: Substantive due process is a constitutional doctrine that protects certain fundamental rights from government interference, ensuring that laws and actions do not unjustly deprive individuals of their life, liberty, or property. It focuses on the essence and substance of the laws themselves, rather than just the procedures used to enforce them. This doctrine has been crucial in establishing rights related to personal privacy, autonomy, and individual freedoms, influencing various legal interpretations over time.
Thurgood Marshall: Thurgood Marshall was a prominent American lawyer and civil rights activist who became the first African American Supreme Court Justice. He played a vital role in the civil rights movement, advocating for racial equality and fighting against segregation, particularly through his leadership in key legal cases that challenged discriminatory practices in education and beyond.
Total Incorporation: Total incorporation is a legal doctrine that holds that the Fourteenth Amendment's Due Process Clause incorporates nearly all of the Bill of Rights, applying these rights to the states. This concept extends the protections against federal infringement of rights to also include protections against state actions, thereby ensuring a more uniform application of civil liberties across the United States.
Voting Rights Act of 1965: The Voting Rights Act of 1965 is landmark legislation aimed at eliminating barriers that prevented African Americans from exercising their right to vote. It directly responded to systemic racial discrimination and enforced the voting rights guaranteed by the Fourteenth and Fifteenth Amendments, ultimately empowering marginalized communities and influencing various civil rights movements across the country.
W.E.B. Du Bois: W.E.B. Du Bois was a prominent African American sociologist, historian, and civil rights activist, known for his role in advocating for the rights of African Americans in the late 19th and early 20th centuries. He was a co-founder of the NAACP and a vocal critic of the accommodationist strategies of other leaders, emphasizing the need for higher education and political representation for African Americans. His ideas and writings played a significant part in shaping the civil rights movement and understanding the implications of the Fourteenth Amendment for African Americans.
Women's suffrage movement: The women's suffrage movement was a social and political campaign advocating for the right of women to vote and run for office. It emerged in the 19th century, growing in momentum through organized efforts, protests, and legislative advocacy. This movement played a crucial role in challenging societal norms, pushing for gender equality, and ultimately leading to significant legal changes regarding voting rights.