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Amendment XIV in the National Archives

The Fourteenth Amendment (Amendment XIV) to the United States Constitution is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. The United States of America —commonly referred to as the The Constitution of the United States of America is the supreme Law of the United States. Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress Article Two' of the United States Constitution creates the Executive branch of the government, comprising the President and other executive Article Three of the United States Constitution establishes the Judicial branch of the federal government. Article Four of the United States Constitution relates to the states Article Five of the United States Constitution describes the process whereby the Constitution may be altered Article Six establishes the United States Constitution and the Laws and treaties of the United States made in accordance with it as the supreme Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect This is a complete full list of all ratified and unratified amendments to the United States Constitution which have received the approval of the Congress. In the United States the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known The First Amendment to the United States Constitution is part of the United States Bill of Rights that expressly prohibits the United States Congress The Second Amendment (Amendment II to the United States Constitution is a part of the United States Bill of Rights that protects the pre-existing The Third Amendment to the United States Constitution (Amendment III is a part of the United States Bill of Rights. The Fourth Amendment' ( Amendment IV) to the United States Constitution is a part of the Bill of Rights. The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure The Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions in federal courts The Eighth Amendment ( Amendment VIII) to the United States Constitution is part of the United States Bill of Rights which took effect in 1791 Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are The Tenth Amendment ( Amendment X) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, The Eleventh Amendment ( Amendment XI) of the United States Constitution was passed by the U The Twelfth Amendment ( Amendment XII) to the United States Constitution provides the procedure by which the President and Vice President are The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit Slavery, and with limited exceptions such as those The Fifteenth Amendment ( Amendment XV) of the United States Constitution prohibits each government in the United States to prevent a citizen from voting based on that The The Seventeenth Amendment ( Amendment XVII) of the United States Constitution was passed by the Senate on June 12 1911 and by the House on May 13 1912 Amendment XVIII (the Eighteenth Amendment) of the United States Constitution, along with the Volstead Act (which defined "intoxicating liquors" The Nineteenth Amendment ( Amendment XIX) to the United States Constitution prohibits each of the states and the federal government from The Twentieth Amendment ( Amendment XX) of the United States Constitution establishes some of the details dealing with the beginning and ending of the terms of The Twenty-first Amendment ( Amendment XXI) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, The Twenty-second Amendment ( Amendment XXII) of the United States Constitution sets a Term limit for the President of the United States. Amendment XXIII was the twenty-third Amendment to the United States Constitution which permits the District of Columbia to choose Electors Amendment XXIV (the Twenty-fourth Amendment) of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in The Twenty-fifth Amendment ( Amendment XXV) to the United States Constitution partially replaced the ambiguous wording of Article II Section 1 Clause The Twenty-sixth Amendment ( Amendment XXVI) of the United States Constitution, ratified on July 1, 1971, standardized the voting age to 18 The Twenty-seventh Amendment ( Amendment XXVII) is the most recent Amendment to the United States Constitution, having been ratified in 1992, The following is a list of existing or former national Constitutions by country and by Codification. The United States National Archives and Records Administration ( NARA) is an independent agency of the United States federal government charged The Constitution of the United States of America is the supreme Law of the United States. Causes of the war See also Origins of the American Civil War, Timeline of events leading to the American Civil War The coexistence of a slave-owning South The Reconstruction Amendments are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, passed between 1865 Slavery in the United States began soon after English colonists first settled Virginia in 1607 and lasted until the passage of the Thirteenth It includes the Due Process and Equal Protection Clauses, among others. Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person It was proposed on June 13, 1866, and was ratified on July 9, 1868. Events 1525 - Martin Luther marries Katharina von Bora, against the Celibacy rule decreed by the Roman Catholic Church for Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap ^[1] It is perhaps the most significant structural change to the Constitution since the passage of the United States Bill of Rights. In the United States the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known

The amendment provides a broad definition of United States citizenship, superseding the U.S. Supreme Court's decision in Dred Scott v. Sandford that had excluded African Americans. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Dred Scott v Sandford —whether or not they were slaves—could never be Citizens of the United States, and that the United States Congress African Americans or Black Americans are citizens or residents of the United States who have origins in any of the black populations of Africa The amendment requires states to provide equal protection under the law to all persons within their jurisdictions and was used in the mid-20th century to dismantle legal segregation, as in Brown v. Board of Education. Note This Wikipedia entry deals with the legal concept legal person. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority The twentieth century of the Common Era began on Racial segregation in the United States is the Racial segregation of facilities services and opportunities such as housing education employment and transportation along Brown v Board of Education of Topeka, 347 US 483 (1954 was a Landmark decision of the United States Supreme Court, which overturned earlier Its Due Process Clause has been the basis of much important and controversial case law regarding privacy rights, abortion (see Roe v. Wade), and other issues. Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively An Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding

The other two post-Civil War amendments are the Thirteenth Amendment (banning slavery) and the Fifteenth Amendment (banning race-based voting qualifications). The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit Slavery, and with limited exceptions such as those The Fifteenth Amendment ( Amendment XV) of the United States Constitution prohibits each government in the United States to prevent a citizen from voting based on that According to Supreme Court Justice Noah Swayne, "Fairly construed, these amendments may be said to rise to the dignity of a new Magna Carta. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Noah Haynes Swayne ( December 7, 1804 &ndash June 8, 1884) was an American Jurist and politician Magna Carta ( Latin for Great Charter, literally " Great Paper " also called Magna Carta Libertatum ( Great Charter of Freedoms "^[2]

Text

Citizenship and civil rights

Main articles: Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause

The first section formally defines citizenship and protects people's civil rights from infringement by any State. This represented the Congress's reversal of that portion of the Dred Scott decision that declared that blacks were not and could not become citizens of the United States or enjoy any of the privileges and immunities of citizenship. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses Dred Scott v Sandford —whether or not they were slaves—could never be Citizens of the United States, and that the United States Congress The Civil Rights Act of 1866 had already granted U. Contents of Act & Controversy Throughout American history several pieces of legislation have been called the Civil Rights Act - this was the third such act S. citizenship to all people born in the United States; the framers of the Fourteenth Amendment added this principle into the Constitution to keep the Supreme Court from ruling the Civil Rights Act of 1866 to be unconstitutional for want of Congressional authority to pass such a law or a future Congress from altering it by a bare majority vote. Constitutionality is the status of a law, a procedure or an act's accordance with the laws or guidelines set forth in the applicable Constitution.

Citizenship

The purpose of Section 1 was to provide that former slaves born in the United States would be citizens.

In 1884 the meaning was tested as to whether it meant that anyone born in the United States would be a citizen regardless of the parents' nationality, in the case of Elk v. Wilkins where the parents were Native American. Elk v Wilkins, 112 US 94 ( 1884) was a United States Supreme Court case The Supreme Court held that the children of Native Americans were not citizens despite the fact that they were born in the United States.

In 1898 the meaning was tested again in the case of United States v. Wong Kim Ark regarding children of Chinese citizens born in United States. United States v Wong Kim Ark,, was a United States Supreme Court decision that set an important legal precedent about what determines American Citizenship This time the Supreme Court ruled that children born on United States soil, with very few exceptions, are U. S. citizens. This type of guarantee—legally termed jus soli or "birthright citizenship"— does not exist in most of Europe or Asia, although it is part of English common law and is common in the Americas. Jus soli ( Latin for "right of the soil" or somewhat figuratively "right of the territory" or birthright citizenship, is a Right Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive

Since 1898 the phrase and subject to the jurisdiction thereof has been interpreted to mean that there are some exceptions to the universal rule that birth in United States automatically grants citizenship. In the case of United States v. Wong Kim Ark, the Supreme Court ruled that a person born within the territorial boundaries of the United States is eligible for birthright citizenship regardless of the nationality of his or her parents. United States v Wong Kim Ark,, was a United States Supreme Court decision that set an important legal precedent about what determines American Citizenship The only exceptions to this rule identified in Wong Kim Ark concern diplomats, enemy forces in hostile occupation of the United States, and members of Native American tribes. Native Americans in the United States are the indigenous peoples from the regions of North America now encompassed by the continental United States

It was years later that the exclusion of Native Americans was eliminated by the Indian Citizenship Act of 1924. The Indian Citizenship Act of 1924 also known as the Snyder Act, was proposed by Representative Homer P

The distinction between "legal" and "illegal" immigrants was not clear at the time of the decision of Wong Kim Ark. ^[3] Neither in that decision nor in any subsequent case has the Supreme Court explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the Amendment,^[4] although it has generally been assumed that they are. ^[5] In some cases the Court has implicitly assumed, or suggested in dicta, that such children are entitled to birthright citizenship: these include INS v. Rios-Pineda^[6] and Plyler v. Doe. Plyler v Doe,, was a case in which the Supreme Court of the United States struck down a state statute denying funding for education to children who were illegal ^[7] Nevertheless, some claim that Congress possesses the power to exclude such children from US citizenship by legislation:^[8] such legislation is often proposed by individual members of Congress but has never been passed into law.

The Fourteenth Amendment does not explicitly provide any procedure for loss of United States citizenship. Loss of U. S. citizenship is possible only under the following circumstances:

• Fraud in the naturalization process. Naturalization is the acquisition of Citizenship or Nationality by somebody who was not a citizen or national of that country when he or she was born Technically this is not loss of citizenship but rather a voiding of the purported naturalization and a declaration that the immigrant never was a U. S. citizen.
• Voluntary relinquishment of citizenship. This may be accomplished either through renunciation procedures specially established by the State Department or through other actions which demonstrate an intent to give up U. S. citizenship.

For a long time, voluntary acquisition or exercise of a foreign citizenship was considered sufficient cause for revocation of U. S. citizenship. ^[9] This concept was enshrined in a series of treaties between the United States and other countries (the Bancroft Treaties). The Bancroft treaties, also called the Bancroft conventions were a series of agreements between the United States and other countries that 1 recognized the right of each However, the Supreme Court overturned this concept in a 1967 case, Afroyim v. Rusk, as well as a 1980 case, Vance v. Terrazas, holding that the Citizenship Clause of the Fourteenth Amendment barred the Congress from revoking citizenship. Afroyim v Rusk, 387 US 253 (1967 was a United States Supreme Court decision that set an important legal precedent that a United States Vance v Terrazas, 444 US 252 ( 1980) was a United States Supreme Court decision that established that a United States

Civil and other individual rights

Congress also passed the Fourteenth Amendment in response to the Black Codes that southern states had passed in the wake of the Thirteenth Amendment, which ended slavery in the United States. The Southern United States &mdashcommonly referred to as the American South, Dixie, or simply the South &mdashconstitutes a large distinctive The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit Slavery, and with limited exceptions such as those As a social-economic system slavery is a legal institution under which a Person (called "a slave" is compelled to work for another Those laws attempted to return freed slaves to something like their former condition by, among other things, restricting their movement and by preventing them from suing or testifying in court. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy "Testify" redirects here For other uses see Testify (disambiguation and Testimony (disambiguation.

Prior to the adoption of this Amendment, the Bill of Rights had been held by the Supreme Court to not apply to the States. ^[10] While many states modeled their constitutions and laws after the United States Constitution and federal laws, those state constitutions did not necessarily include provisions comparable to the Bill of Rights. Every state in the United States possesses its own constitution According to some commentators, the framers and early supporters of the Fourteenth Amendment believed that it would ensure that the states would be required to recognize the individual rights the federal government was already required to respect in the Bill of Rights and in other constitutional provisions; all of these rights were likely understood to fall within the "privileges or immunities" safeguarded by the Amendment. ^[11] However, the Supreme Court sought to limit the reach of the Amendment by holding in the Slaughterhouse Cases (1873) that the "privileges or immunities" clause was limited to "privileges or immunities" granted to citizens by the federal government in virtue of national citizenship. The Slaughter-House Cases, 83 US 36 ( 1873) were a series of cases decided by the Supreme Court of the United States. The Court further held in the Civil Rights Cases that the Amendment was limited to "state action" and thus did not authorize Congress to outlaw racial discrimination on the part of private individuals or organizations. The Civil Rights Cases, 109 US 3 ( 1883) were a group of five similar cases consolidated into one issue for the United States Supreme Court List of racism-related topics|Racism by country Racism, by its simplest definition is the belief that race is the primary determinant of human traits and capacities and that Neither of these decisions has been overturned and in fact have been specifically reaffirmed several times.

In the decades following the adoption of the Fourteenth Amendment, the Supreme Court overturned laws barring blacks from juries (Strauder v. West Virginia) or discriminating against Chinese-Americans in the regulation of laundry businesses (Yick Wo v. Hopkins), under the aegis of the Equal Protection Clause. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them Strauder v West Virginia,, was a United States Supreme Court case about Racial discrimination. Chinese Americans ( Chinese: 华裔美国人 are Americans of Chinese descent Yick Wo v Hopkins 118 US 356 (1886 was the first case where the United States Supreme Court ruled that a law that was Race-neutral on its "Aegis" (ˈiːdʒɨs has entered modern English to mean a shield protection or sponsorship originally from the name of the mythological protective shield of Zeus The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person

In Plessy v. Ferguson, the Supreme Court held that the states could impose segregation so long as they provided equivalent facilities—the genesis of the "separate but equal" doctrine. The popular understanding of what was encompassed under "civil rights" was much more restricted during the time of the Fourteenth Amendment's ratification than the present understanding, involving such things as equal treatment in criminal and civil court, in sentencing, and in availability of civil services if they apply. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function See also Bureaucrat The term civil service has two distinct meanings Branch of governmental service in which individuals are hired on the basis On this scheme, political rights were first guaranteed not with the Fourteenth Amendment but with the Fifteenth Amendment and its right to vote. Social rights first explicitly appeared with Loving v. Virginia (1967), which declared anti-miscegenation laws to be unconstitutional. Loving v Virginia,, was a landmark Civil rights case in which the United States Supreme Court declared Virginia 's Anti-miscegenation Anti-miscegenation laws, also known as miscegenation laws, were laws that banned Interracial marriage and sometimes interracial sex between whites and members of other

The Court went even further in restricting the Equal Protection Clause in Berea College v. Kentucky, holding that the states could force private actors to discriminate by prohibiting an integrated college from admitting both black and white students. Berea College v Kentucky, was a significant case argued before the United States Supreme Court that upheld the rights of states to prohibit private educational By the early twentieth century, the Equal Protection Clause had been eclipsed to the point that Justice Oliver Wendell Holmes, Jr. dismissed it as "the usual last resort of constitutional arguments. The twentieth century of the Common Era began on Oliver Wendell Holmes Jr ( March 8, 1841 &ndash March 6, 1935) was an American Jurist who served on the Supreme "^[12]

The Court held to the "separate but equal" doctrine for more than fifty years, despite numerous cases in which the Court itself had found that the segregated facilities provided by the states were almost never equal, until the case Brown v. Board of Education of Topeka reached the Court. Brown v Board of Education of Topeka, 347 US 483 (1954 was a Landmark decision of the United States Supreme Court, which overturned earlier Brown met with a campaign of resistance from white Southerners, and for decades the federal courts attempted to enforce Brown's mandate against continual attempts at circumvention. This resulted in the controversial forced busing decrees handed down by federal courts in many parts of the nation, including major Northern cities such as Detroit (Milliken v. Bradley) and Boston. Desegregation busing in the United States (also known as forced busing or busing) is the practice of attempting to integrate schools by assigning students to Milliken v Bradley, 418 US 717 ( 1974) was an important United States Supreme Court case dealing with the planned Desegregation busing

In the half century since Brown, the Court has extended the reach of the Equal Protection Clause to other historically disadvantaged groups, such as women, aliens, and illegitimate children, although it has applied a somewhat less stringent test than it has applied to governmental discrimination on the basis of race. In US law, an alien is a legal term for a person, either a corporation or a human who is not a United States national.

Beginning in the 1880s, the Court interpreted the Fourteenth Amendment's Due Process Clause as providing substantive protection to private contracts and thus prohibiting a range of social and economic regulation. The Court held that the Fourteenth Amendment protected "freedom of contract" or the right of employees and employers to bargain for wages without great interference from the state. Thus, the Court struck down a law decreeing maximum hours for workers in a bakery in Lochner v. New York (1905) and struck down a minimum wage law in 1923's Adkins v. Children's Hospital. Lochner v New York, 198 US 45 (1905 was a landmark United States Supreme Court case that held the " Right to free contract " was Adkins v Children's Hospital,, is a Supreme Court opinion holding that federal minimum wage legislation for women was an unconstitutional infringement The Court did uphold some economic regulation, however, including state prohibition laws (Mugler v. Kansas), laws declaring maximum hours for mine workers (Holden v. Hardy), laws declaring maximum hours for female workers (Muller v. Oregon) as well as federal laws regulating narcotics (United States v. Muller v Oregon,, was a landmark decision in United States Supreme Court history as it relates to both sex discrimination and labor laws Doremus) and President Wilson's intervention in a railroad strike (Wilson v. New).

The Court overruled Lochner, Adkins, and other precedents protecting "liberty of contract" in 1937's West Coast Hotel v. Parrish, decided in the midst of the New Deal and in the shadow of President Franklin D. Roosevelt's threats to "pack the court" following a series of decisions holding other New Deal legislation unconstitutional. West Coast Hotel Co v Parrish, 300 US 379 (1937 was a decision by the Supreme Court of the United States that upheld the constitutionality of The New Deal was the name that United States President Franklin D The Judiciary Reorganization Bill of 1937, frequently called the Court-packing Bill, was a law proposed by United States President Franklin Roosevelt Whether the threat actually caused Justice Roberts to change his vote—some people at the time joked "a switch in time saved nine"—is still debated; Roosevelt's proposal to expand the Court was defeated.

Yet while the Supreme Court has emphatically rejected the substantive due process precedents that allowed it to overturn states' economic regulations, in the past forty years it has recognized a number of "fundamental rights" of individuals, such as privacy and some parental rights, which the states can regulate only under narrowly defined circumstances. Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively In effect, it has found an alternative mechanism for fulfilling many of the intentions the amendment's framers and ratifiers expressed in the Privileges or Immunities Clause, though without acknowledging the inconsistency of earlier decisions with that clause or opting for the full Incorporation of all relevant federal rights against the states in the manner the amendment seems designed to require. Incorporation (of the Bill of Rights is the American legal doctrine by which portions of the Bill of Rights are applied to the states through the

While it has not been fully implemented, the doctrine of Incorporation has thus been used to ensure, through the unwieldy and unexpected means of the Due Process Clause instead of the Privileges or Immunities Clause, the application of nearly all of the rights explicitly enumerated in the Bill of Rights to the states. Incorporation (of the Bill of Rights is the American legal doctrine by which portions of the Bill of Rights are applied to the states through the Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her Amendment XIV Section 1 Clause 2 of the United States Constitution is known as the Privileges or Immunities Clause. In the United States the Bill of Rights is the name by which the first ten amendments to the United States Constitution are known As a result, the Fourteenth Amendment not only empowered the federal courts to intervene in this area to enforce the guarantee of due process and the equal protection of the laws but to import the substantive rights of free speech, freedom of religion, protection from unreasonable searches and cruel and unusual punishment, and other limitations on governmental power. The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States At the present, the Supreme Court has held that the Due Process Clause incorporates all of the substantive protections of the First, Fourth, Sixth, and Eighth Amendments and all of the Fifth Amendment other than the requirement that any criminal prosecution must follow a grand jury indictment, but none of the provisions of the Seventh Amendment relating to civil trials. The First Amendment to the United States Constitution is part of the United States Bill of Rights that expressly prohibits the United States Congress The Fourth Amendment' ( Amendment IV) to the United States Constitution is a part of the Bill of Rights. The Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions in federal courts The Eighth Amendment ( Amendment VIII) to the United States Constitution is part of the United States Bill of Rights which took effect in 1791 The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense Thus, the Court has also greatly expanded the reach of procedural due process, requiring some sort of hearing before the government may terminate civil service employees, expel a student from public school, or cut off a welfare recipient's benefits.

Though the framers of the Fourteenth Amendment did not believe it would expand voting rights^[13] (leading to the passage of the Fifteenth Amendment, which prohibits racial discrimination in voting rights), the Supreme Court, since 1962's Baker v. Carr and 1964's Reynolds v. Sims, has interpreted the Equal Protection Clause as requiring the states to apportion their congressional districts and state legislative seats on a "one-person, one-vote" basis. The Fifteenth Amendment ( Amendment XV) of the United States Constitution prohibits each government in the United States to prevent a citizen from voting based on that Baker v Carr, 369 US 186 (1962 was a landmark United States Supreme Court case that retreated from the Court's Political question Reynolds v Sims, 377 US 533 ( 1964) was a United States Supreme Court case that ruled that state legislature districts had to be The Court has also struck down districting plans in which race was a major consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's Congressional delegations. Shaw v Reno, 509 US 630 ( 1993) was a United States Supreme Court case argued on April 20, 1993. In League of United Latin American Citizens v. Perry (2006), the Court ruled that Tom DeLay's Texas redistricting plan intentionally diluted the votes of Latinos and thus violated the Equal Protection Clause. League of United Latin American Citizens v Perry, 548 U S 399 (2006 is a Supreme Court of the United States case in which the Court ruled that only Thomas Dale DeLay (born April 8 1947 is a former member of the United States House of Representatives from Sugar Land, Texas. In both of those cases, however, the Court refused to interfere with partisan gerrymandering as opposed to racial or ethnic gerrymandering, seeing it as within the valid scope of state authority. Gerrymandering is a form of redistribution in which electoral district or Constituency boundaries are manipulated for electoral advantage

Apportionment of Representatives

The second section establishes rules for the apportioning of Representatives in the Congress to states, essentially counting all residents for apportionment and reducing apportionment if a state wrongfully denies a person's right to vote. Apportionment is the process of allocating political power among a set of principles (or defined constituencies The United States House of Representatives is one of the two chambers of the United States Congress; the other is the Senate. This section overrode the provisions of Article I of the Constitution that counted slaves as three-fifths of a person for purposes of allotting seats in the House of Representatives and the Electoral College. Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress The Three-Fifths Compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which

However, the provision calling for proportional decreases in House representation for states that denied men over 21 the right to vote was never enforced, despite the fact that Southern states prevented many blacks from voting before the passage of the Voting Rights Act in 1965. The United States House of Representatives is one of the two chambers of the United States Congress; the other is the Senate. Background See also [[Disfranchisement after the Civil War]] The 13th Amendment, ratified in 1865 after the Civil War, abolished and prohibited ^[14] Some have argued that Section 2 was implicitly repealed by the Fifteenth Amendment,^[15] but it should be noted that the Supreme Court has acknowledged the provisions of Section 2 in modern times. For example, in Richardson v. Ramirez, 418 U.S. 24 (1974) the Court invoked Section 2 to justify the disenfranchisement of felons by the states. Richardson v Ramirez, 418 US 24 ( 1974) held that convicted felons could be barred from voting without violating the Fourteenth Amendment Felony disenfranchisement is the term used to describe the practice of prohibiting persons from Voting based on the fact that they have been convicted of a Felony In his dissent, Justice Marshall explained the history of the Section 2 in relation to the Post-Civil War Reconstruction era:

Participants in rebellion

The third section prevents the election or appointment to any federal or State office of any person who had held any of certain offices and then engaged in insurrection, rebellion, or treason. An insurgency is a violent internal uprising against a sovereign government that lacks the organization of a revolution Rebellion is a refusal of obedienceIt may therefore be seen as encompassing a range of Behaviours from Civil disobedience and mass Nonviolent resistance In Law, treason is the Crime that covers some of the more serious acts of disloyalty to one's sovereign or Nation. A two-thirds vote by Congress can override this limitation, however. This disqualification could not have been enacted as a statute, because it would have been an ex post facto punishment. In 1975, Robert E. Lee's citizenship was restored by a joint congressional resolution, retroactive to June 13, 1865. Robert Edward Lee (January 19 1807 &ndash October 12 1870 was a career United States Army officer, an Engineer, and among the most celebrated Events 1525 - Martin Luther marries Katharina von Bora, against the Celibacy rule decreed by the Roman Catholic Church for Year 1865 ( MDCCCLXV) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Common year ^[17] In 1978, two-thirds votes of both Houses of Congress were obtained, posthumously removing the service ban from Jefferson Davis. Jefferson Finis Davis ( June 3, 1808 &ndash December 6, 1889) was an American politician who served as President of the ^[18][19]

Validity of public debt

The fourth section confirmed that the United States would not pay "damages" for the loss of slaves, or debts that had been incurred by the Confederacy. The Confederate States of America (also called the Confederacy, the Confederate States, and CSA) formed as the government set up from 1861 For example, several English and French banks had loaned money to the South during the war. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland This article is about the country For a topic outline on this subject see List of basic France topics. ^[20]

Power of enforcement

Main article: Congressional power of enforcement

Although in Katzenbach v. Morgan (1966) the Warren Court construed this section broadly, the Rehnquist Court tended to construe it narrowly, as in City of Boerne v. Flores (1997) and Board of Trustees of the University of Alabama v. Garrett (2001). Katzenbach v Morgan, 384 US 641 ( 1966) was a United States Supreme Court case regarding the power of Congress pursuant Year 1966 ( MCMLXVI) was a Common year starting on Saturday (link will display full calendar of the 1966 Gregorian calendar. The Warren Court (1953-1969 represents a period in the history of the Supreme Court of the United States that was marked by one of the starkest and most dramatic William Hubbs Rehnquist (October 1 1924 – September 3 2005 was an American lawyer, jurist, and a political figure who served as an Associate Justice City of Boerne v Flores, 521 US 507 ( 1997) was a Supreme Court case concerning the scope of Congress's enforcement power Year 1997 ( MCMXCVII) was a Common year starting on Wednesday (link will display full 1997 Gregorian calendar Board of Trustees of the University of Alabama v Garrett, 531 U Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. Also see Nevada Department of Human Resources v. Hibbs (2003) and Tennessee v. Lane (2004). Nevada Department of Human Resources v Hibbs, 538 US 721 ( 2003) was a United States Supreme Court case which held that Congress Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. Tennessee v Lane, 541 US 509 ( 2004) was a case in the Supreme Court of the United States involving Congress's enforcement "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again "

Proposal and ratification

The Congress proposed the Fourteenth Amendment on June 13, 1866. Events 1525 - Martin Luther marries Katharina von Bora, against the Celibacy rule decreed by the Roman Catholic Church for Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common ^[21] There being thirty-seven states in the Union at that time, the ratification (per Article V of the Constitution) of twenty-eight were necessary for the Amendment's adoption. Article Five of the United States Constitution describes the process whereby the Constitution may be altered By July 9, 1868, twenty-eight states had ratified the Amendment:

1. Connecticut (June 25, 1866)
2. New Hampshire (July 6, 1866)
3. Tennessee (July 19, 1866)
4. New Jersey (September 11, 1866)
5. Oregon (September 19, 1866)
6. Vermont (October 30, 1866)
7. Ohio (January 4, 1867)*
8. New York (January 10, 1867)
9. Kansas (January 11, 1867)
10. Illinois (January 15, 1867)
11. West Virginia (January 16, 1867)
12. Michigan (January 16, 1867)
13. Minnesota (January 16, 1867)
14. Maine (January 19, 1867)
15. Nevada (January 22, 1867)
16. Indiana (January 23, 1867)
17. Missouri (January 25, 1867)
18. Rhode Island (February 7, 1867)
19. Wisconsin, (February 7, 1867)
20. Pennsylvania (February 12, 1867)
21. Massachusetts (March 20, 1867)
22. Nebraska (June 15, 1867)
23. Iowa (March 16, 1868)
24. Arkansas (April 6, 1868)
25. Florida (June 9, 1868)
26. North Carolina, (July 4, 1868, after having rejected it on December 14, 1866)
27. Louisiana (July 9, 1868, after having rejected it on February 6, 1867)
28. South Carolina (July 9, 1868, after having rejected it on December 20, 1866)

*Ohio passed a resolution that purported to withdraw its ratification on January 15, 1868. Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 524 - Battle of Vézeronce, the Franks defeat the Burgundians Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 1044 - The Battle of Ménfő takes place 1189 - Richard the Lionheart is crowned King of England Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 711 - Muslim forces under Tariq ibn Ziyad defeat the Visigoths led by their king Roderic. Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 9 - The Battle of the Teutoburg Forest ends 506 - The Bishops of Visigothic Gaul Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 335 - Dalmatius is raised to the rank of Caesar by his uncle Constantine I. Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 637 - Antioch surrenders to the Muslim forces under Rashidun Caliphate after the Battle of Iron bridge. Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 46 BC - Titus Labienus defeats Julius Caesar in the Battle of Ruspina. Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 49 BC - Julius Caesar crosses the Rubicon, signaling the start of civil war. Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 1055 - Theodora is crowned Empress of the Byzantine Empire. Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 588 BC - Nebuchadrezzar II of Babylon lays siege to Jerusalem under Zedekiah 's reign Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 27 BC - The title Augustus is bestowed upon Gaius Julius Caesar Octavian by the Roman Senate. Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 27 BC - The title Augustus is bestowed upon Gaius Julius Caesar Octavian by the Roman Senate. Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 27 BC - The title Augustus is bestowed upon Gaius Julius Caesar Octavian by the Roman Senate. Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 1419 - Hundred Years' War: Rouen surrenders to Henry V of England completing his reconquest of Normandy. Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 565 - Eutychius is deposed as Patriarch of Constantinople by John Scholasticus. Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 393 - Roman Emperor Theodosius I proclaims his nine year old son Honorius co-emperor Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 41 - After a night of negotiation Claudius is accepted as Roman Emperor by the Senate Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 457 - Leo I becomes emperor of the Byzantine Empire. 1074 - Battle of Montesarchio in which the Prince Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 457 - Leo I becomes emperor of the Byzantine Empire. 1074 - Battle of Montesarchio in which the Prince Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 1429 - English Forces under Sir John Fastolf defend a supply convoy carrying rations to the army besieging Orleans from attack by the Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 1600 - The Linköping Bloodbath takes place on Maundy Thursday in Linköping, Sweden. Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 763 BC - Assyrians record a Solar eclipse that will be used to fix the Chronology of Mesopotamian history Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 597 BC - Babylonians capture Jerusalem, replace Jehoiachin with Zedekiah as king Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 46 BC - Julius Caesar defeats Caecilius Metellus Scipio and Marcus Porcius Cato in the Battle of Thapsus Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 53 - Roman Emperor Nero marries Claudia Octavia 62 - Claudia Octavia commits Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 836 - Pactum Sicardi, peace between the Principality of Benevento and the Duchy of Naples Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 1287 - St Lucia's flood: The Zuider Zee sea wall in the Netherlands collapses killing over 50000 people Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 46 BC - Julius Caesar defeats the combined army of Pompeian followers and Numidians under Metellus Scipio Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 69 - Vespasian, formerly a general under Nero, enters Rome to claim the title of Emperor. Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 588 BC - Nebuchadrezzar II of Babylon lays siege to Jerusalem under Zedekiah 's reign Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap The New Jersey legislature also tried to rescind its ratification on February 20, 1868. Events 1472 - Orkney and Shetland are left by Norway to Scotland, due to a Dowry payment Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap The New Jersey governor had vetoed his state's withdrawal on March 5, and the legislature overrode the veto on March 24. Events 363 - Roman Emperor Julian moves from Antioch with an army of 90000 to attack the Sassanid Empire, in a Events 1401 - Mongol emperor Timur sacks Damascus. 1603 - James VI of Scotland Accordingly, on July 20, 1868, Secretary of State William H. Seward certified that the amendment had become part of the Constitution if the rescissions were ineffective. Events 1304 - Wars of Scottish Independence: Fall of Stirling Castle - King Edward I of England takes the last rebel stronghold Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap The United States Secretary of State (commonly abbreviated as SecState) is the head of the United States Department of State, concerned with Foreign affairs This article is about the New York Governor and Secretary of State The Congress responded on the following day, declaring that the amendment was part of the Constitution and ordering Seward to promulgate the amendment.

Meanwhile, two additional states had ratified the amendment:

1. Alabama (July 13, 1868, the date the ratification was "approved" by the governor)
2. Georgia (July 21, 1868, after having rejected it on November 9, 1866)

Thus, on July 28, Seward was able to certify unconditionally that the Amendment was part of the Constitution without having to endorse the Congress's assertion that the withdrawals were ineffective. Events 1174 - William I of Scotland, a key rebel in the Revolt of 1173-1174, is captured at Alnwick by forces loyal to Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 356 BC - Herostratus sets fire to the Temple of Artemis in Ephesus, one of the Seven Wonders of the World Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 694 - Egica, a king of the Visigoths of Hispania, accuses Jews of aiding Muslims sentencing all Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 1540 - Thomas Cromwell is executed at the order of Henry VIII of England on charges of Treason.

There were additional ratifications and rescissions; by 2003, the Amendment had been ratified by every state in the Union as of 1868^[22]:

1. Oregon (withdrew October 15, 1868)
2. Virginia (October 8, 1869, after having rejected it on January 9, 1867)
3. Mississippi (January 17, 1870)
4. Texas (February 18, 1870, after having rejected it on October 27, 1866)
5. Delaware (February 12, 1901, after having rejected it on February 7, 1867)
6. Maryland (1959)
7. California (1959)
8. Oregon (1973)
9. Kentucky (1976, after having rejected it on January 8, 1867)
10. New Jersey (2003, after having rescinded on February 20, 1868
11. Ohio (2003, after having rescinded on January 15, 1868)

Controversy over ratification

A number of individuals argue that the ratification of the Fourteenth Amendment violated Article V of the Constitution. Events 533 - Byzantine General Belisarius makes his formal entry into Carthage, having conquered it from the Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 314 - Roman Emperor Licinius is defeated by his colleague Constantine I at the Battle of Cibalae, and loses Year 1869 ( MDCCCLXIX) is a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common year Events 475 - Byzantine Emperor Zeno is forced to flee his capital at Constantinople. Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 38 BC - Octavian marries Livia Drusilla. 1287 - King Alfonso III of Aragon invades Minorca Year 1870 ( MDCCCLXX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common Events 3102 BC - Epoch (origin of the Kali Yuga. 1229 - The Sixth Crusade: Frederick II Holy Year 1870 ( MDCCCLXX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common Events 312 - Constantine the Great is said to have received his famous Vision of the Cross. Year 1866 ( MDCCCLXVI) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common Events 1429 - English Forces under Sir John Fastolf defend a supply convoy carrying rations to the army besieging Orleans from attack by the Year 1901 ( MCMI) was a Common year starting on Tuesday (link will display calendar of the Gregorian calendar (or a Common year starting Events 457 - Leo I becomes emperor of the Byzantine Empire. 1074 - Battle of Montesarchio in which the Prince Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 871 - Battle of Ashdown - Ethelred of Wessex defeats a Danish invasion army Year 1867 ( MDCCCLXVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year starting Events 1472 - Orkney and Shetland are left by Norway to Scotland, due to a Dowry payment Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Events 588 BC - Nebuchadrezzar II of Babylon lays siege to Jerusalem under Zedekiah 's reign Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap Article Five of the United States Constitution describes the process whereby the Constitution may be altered For instance, Bruce Ackerman argues that:

• The Fourteenth Amendment was proposed by a rump Congress that did not include representatives and senators from most of the former Confederate states, and, had those congressmen been present, the Amendment would never have passed. Bruce Arnold Ackerman (born August 19, 1943) is an American Constitutional law scholar
• Former Confederate states were counted for Article V purposes of ratification, but were not counted for Article I purposes of representation in the Congress.
• The ratifications of the former Confederate states were not truly free, but were coerced. For instance, many former Confederate states had their readmittance to the Union conditioned on ratifying the Fourteenth Amendment. ^[23]

In 1968, the Utah Supreme Court diverged from the habeas corpus issue in a case to express its resentment against recent decisions of the U. Habeas corpus (ˈheɪbiəs ˈkɔɹpəs ( Latin: command that you have the body is the name of a legal action or Writ, through which a person can seek relief S. Supreme Court under the Fourteenth Amendment, and to attack the Amendment itself:

In order to have 27 states ratify the Fourteenth Amendment, it was necessary to count those states which had first rejected and then under the duress of military occupation had ratified, and then also to count those states which initially ratified but subsequently rejected the proposal. To leave such dishonest counting to a fractional part of Congress is dangerous in the extreme. What is to prevent any political party having control of both houses of the Congress from refusing to seat the opposition and then without more passing a joint resolution to the effect that the Constitution is amended and that it is the duty of the Administrator of the General Services Administration to proclaim the adoption? Would the Supreme Court of the United States still say the problem was political and refuse to determine whether constitutional standards had been met? How can it be conceived in the minds of anyone that a combination of powerful states can by force of arms deny another state a right to have representation in the Congress until it has ratified an amendment which its people oppose? The Fourteenth Amendment was adopted by means almost as bad as that suggested above. ^[24]

The 1957 Georgia Memorial to Congress, a resolution passed by the Georgia legislature, disputed the validity of the ratification of the Amendment. The 1957 Georgia Memorial to Congress is a joint resolution by the legislature of the state of Georgia, and approved by the Governor on March 8 1957 urging the Congress

Supreme Court cases

Notes

References

• Amendments to the Constitution of the United States. GPO Access. Retrieved on September 11, 2005. (PDF, providing text of amendment and dates of ratification)

External links

• Fourteenth Amendment and related resources at the Library of Congress
• National Archives: Fourteenth Amendment
• CRS Annotated Constitution: Fourteenth Amendment
• Jon Roland article about Amendment's intent