How the Fourteenth Amendment Redefined American Equality
U.S. Congress
1868
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.
Credits
U.S. Const. amend. XIV, § 2.
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Congress had the grave responsibility of repairing the painfully fractured nation after the Civil War. The task required a revolution in the form and substance of American government. In form, the federal government sought to centralize powers that had once resided in the individual states. In substance, Congress had to define the nature of federal powers. Quickly, Congress passed the Civil Rights Act of 1866, a bold statement that served as the template for the Fourteenth Amendment. The amendment represented a newly empowered federal government, willing to assert that “no state shall” overrule its authority, and it gave clear definition to the federal power over citizenship, proclaiming “all persons born or naturalized in the United States” citizens and guaranteeing them “equal protection of the laws.”
The Civil Rights Act of 1866 granted citizenship to people “of every race and color,” and the Fourteenth Amendment granted due process and equal protection to all citizens. How do these two formulations advance civil rights differently?
To what extent does the Fourteenth Amendment adequately answer the questions raised by women, enslaved people, and Jews in the 19th century?
What new questions are raised by the Fourteenth Amendment?
Creator Bio
U.S. Congress
Established in 1789 by the U.S. Constitution, the Congress of the United States forms the legislative part of the tripartite federal government. It is bicameral, with the lower House of Representatives and the upper Senate. The former consists of 435 representatives elected for two-year terms by population-equal districts across each state (as well as six non-voting members), while the latter consists of one hundred members, two from each state, serving staggered six-year terms.
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Maryland once required belief in Christianity if one were to hold office. Jewish leaders petitioned for decades until the 1826 “Jew Bill” secured equal citizenship rights.
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