The Constitution of the United States: Amendment 14 (Fourteenth Amendment – Citizenship Rights, Privileges or Immunities, Due Process, Equal Protection, Apportionment of Representatives, Civil War Disqualification and Debt )

The Constitution of the United States: Amendment 14 (14th Amendment)

Amendment XIV. (Citizenship Rights, Privileges or Immunities, Due Process, Equal Protection, Apportionment of Representatives, Civil War Disqualification and Debt)

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

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.

 
 


Constitutional protections apply to “persons” not just “citizens”

 
 

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 the power to enforce, by appropriate legislation, the provisions of this article.

* Changed by section 1 of the 26th amendment.

 
 


The 14th Amendment of the U.S. Constitution: A History

 
 

The Ninth Circuit’s rejection of Angel’s constitutional claim [Angel Raich in Gonzales v. Raich, 545 U.S. 1, 5 (2005)] shines a spotlight on a serious problem with the Supreme Court’s current approach to protecting liberty under the Due Process Clauses of the Fifth and Fourteenth Amendments. Ever since the New Deal, the Supreme Court has limited the protection afforded by the Due Process Clauses to what it calls “fundamental rights.” Unless the Court characterizes the liberty as “fundamental,” it will not evaluate or “scrutinize” the government’s claim that its restrictions on the liberty are truly necessary. With laws restricting mere “liberty interests” not deemed fundamental, the Court will blindly accept the government’s claim that its restriction is “reasonable.”

In short, a claimant challenging a statute needs a ticket into “Scrutiny Land” where the government must justify its restrictions on liberty. To get that ticket, a claimant must jump through the hoop of showing her liberty is fundamental. Otherwise, she automatically loses.

Scrutiny Land,” by Randy E. Barnett, 106 Mich. L. Rev. 1479-1500 (2008) (23-page PDFPDF)

More

 
 


14th Amendment: Cases in Controversy

 
 

 
 


Economic Vs. Civil Liberties – Learn Liberty

 
 


Thomas Woods: Fourteenth Amendment

 
 


Religion, Early America and the 14th Amendment

 
 

Pocket Constitution from TheCapitol.Net
A free download of our Pocket Constitution is available on Scribd.

Our Pocket Constitution: details on our web site.

 
 


The 14th Amendment and the Debt Ceiling Explained

 
 


No Easy Walk to Freedom: Reconstruction and the Ratification of the Fourteenth Amendment

No Easy Walk to Freedom: Reconstruction and the Ratification of the Fourteenth Amendment


The Fourteenth Amendment: From Political Principle to Judicial Doctrine

The Fourteenth Amendment: From Political Principle to Judicial Doctrine


The 14th Amendment and the Incorporation Doctrine

The 14th Amendment and the Incorporation Doctrine


Federal Constitutional Law: The Fourteenth Amendment (Volume 5)

Federal Constitutional Law: The Fourteenth Amendment (Volume 5)


Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876

Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876


The Amendment that Refused to Die: Equality and Justice Deferred: The History of the Fourteenth Amendment

The Amendment that Refused to Die: Equality and Justice Deferred: The History of the Fourteenth Amendment


The Color of Law: A Forgotten History of How Our Government Segregated America

The Color of Law: A Forgotten History of How Our Government Segregated America


No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights

No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights


The New Jim Crow: Mass Incarceration in the Age of Colorblindness

The New Jim Crow: Mass Incarceration in the Age of Colorblindness


Reclaiming the American Revolution: The Kentucky and Virgina Resolutions and their Legacy

Reclaiming the American Revolution: The Kentucky and Virgina Resolutions and their Legacy


James Madison and the Making of America

James Madison and the Making of America


Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America

Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America


America's Unwritten Constitution: The Precedents and Principles We Live By

America’s Unwritten Constitution: The Precedents and Principles We Live By


America's Constitution: A Biography

America’s Constitution: A Biography


What America Was Really Like In 1776

What America Was Really Like In 1776


The Bill of Rights: Creation and Reconstruction

The Bill of Rights: Creation and Reconstruction


The Odd Clauses: Understanding the Constitution Through Ten of Its Most Curious Provisions

The Odd Clauses: Understanding the Constitution Through Ten of Its Most Curious Provisions


Living Originalism

Living Originalism


Ratification: The People Debate the Constitution, 1787-1788

Ratification: The People Debate the Constitution, 1787-1788


Rehabilitating Lochner: Defending Individual Rights against Progressive Reform

Rehabilitating Lochner: Defending Individual Rights against Progressive Reform


The Upside-Down Constitution

The Upside-Down Constitution


The Founders' Key: The Divine and Natural Connection Between the Declaration and the Constitution and What We Risk by Losing It

The Founders’ Key: The Divine and Natural Connection Between the Declaration and the Constitution and What We Risk by Losing It


Design for Liberty: Private Property, Public Administration, and the Rule of Law

Design for Liberty: Private Property, Public Administration, and the Rule of Law


The Ideological Origins of the American Revolution

The Ideological Origins of the American Revolution


The Radicalism of the American Revolution

The Radicalism of the American Revolution


The Creation of the American Republic, 1776-1787

The Creation of the American Republic, 1776-1787


The Essential Federalist and Anti-Federalist Papers

The Essential Federalist and Anti-Federalist Papers


The Constitution Made Easy: A Tea Partier's Guide

The Constitution Made Easy: A Tea Partier’s Guide


The U.S. Constitution: A Reader

The U.S. Constitution: A Reader


The Founding Fathers Guide to the Constitution

The Founding Fathers Guide to the Constitution


Original Intent: The Courts, the Constitution, & Religion

Original Intent: The Courts, the Constitution, & Religion


Logical Foundations of Constitutional Liberty

Logical Foundations of Constitutional Liberty


The Calculus of Consent

The Calculus of Consent


Capitalism and Freedom

Capitalism and Freedom


The Road to Serfdom

The Road to Serfdom


The Anti-Federalist Papers And The Constitutional Convention Debates

The Anti-Federalist Papers And The Constitutional Convention Debates

 
 






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