The 14th Amendment to the United States Constitution is one of the most important and consequential amendments in American history. It was ratified in 1868, during the Reconstruction Era following the Civil War, and it has since been interpreted to guarantee a wide range of civil rights and liberties to all Americans.
The 14th Amendment has three main sections, or clauses. The first clause addresses citizenship, stating 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 clause overturned the Supreme Court's decision in the Dred Scott case (1857), which had held that African Americans could not be citizens of the United States.
The second clause of the 14th Amendment guarantees that all citizens have "equal protection of the laws." This clause has been interpreted to prohibit discrimination on the basis of race, gender, religion, and other factors. It has also been used to strike down laws that discriminate against certain groups of people, such as laws that prohibit interracial marriage or same-sex marriage.
what did the 14th amendment do
The 14th Amendment to the United States Constitution:
- Granted citizenship to all persons born in the US
- Guaranteed equal protection of the laws
- Prohibited discrimination on the basis of race
- Overturned Dred Scott decision
- Established due process and equal protection clauses
- Protected civil rights and liberties
- Expanded federal government's power
- Laid foundation for civil rights movement
The 14th Amendment has been interpreted to protect a wide range of rights, including the right to vote, the right to marry, and the right to privacy. It has also been used to strike down laws that discriminate against certain groups of people, such as laws that prohibit interracial marriage or same-sex marriage.
Granted citizenship to all persons born in the US
The first clause of the 14th Amendment 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 clause overturned the Supreme Court's decision in the Dred Scott case (1857), which had held that African Americans could not be citizens of the United States.
- Births in the US grant citizenship
Any person born in the United States, regardless of their parents' citizenship status, is a US citizen.
- Subject to US jurisdiction
To be a US citizen by birth, a person must be subject to the jurisdiction of the United States. This means that they must be born in a US state or territory, or on a US military base or ship.
- Citizenship at birth
Citizenship is granted at birth, not at a later date. This means that a person does not have to apply for citizenship or take any other steps to become a citizen.
- Dual citizenship
A person born in the US can also be a citizen of another country if their parents are citizens of that country. This is called dual citizenship.
The 14th Amendment's citizenship clause has been interpreted to include all persons born in the United States, regardless of their race, ethnicity, or national origin. This clause has been essential in protecting the rights of all Americans, including African Americans, who were previously denied citizenship.
Guaranteed equal protection of the laws
The second clause of the 14th Amendment states that "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." This clause has been interpreted to guarantee that all citizens are treated equally under the law.
- Equal treatment under the law
The Equal Protection Clause prohibits states from discriminating against any person based on race, gender, religion, or other protected characteristics.
- Due process of law
The Due Process Clause requires that the government follow certain procedures before depriving a person of life, liberty, or property. These procedures include the right to a fair trial, the right to an attorney, and the right to present evidence.
- Privileges and immunities of citizens
The Privileges or Immunities Clause protects certain fundamental rights that are essential to citizenship, such as the right to travel, the right to vote, and the right to hold public office.
- Applies to all persons
The Equal Protection Clause applies to all persons, regardless of their citizenship status. This means that even non-citizens are entitled to equal protection under the law.
The Equal Protection Clause has been used to strike down laws that discriminate against certain groups of people, such as laws that prohibit interracial marriage or same-sex marriage. It has also been used to protect the rights of criminal defendants, such as the right to a fair trial and the right to an attorney.