155 YEARS EQUAL

The 14th Amendment, Adopted in 1868, Grants Citizenship to African Americans But Without All the Benefits

By Kristen Jones

The adoption of the 14th Amendment to the United States Constitution, which was passed by Congress on June 13, 1866, and ratified by 28 of the 37 states in 1868, was a monumental event in the nation’s history. As one of the three Reconstruction Amendments, it was a response to the challenges faced by the nation and by formerly enslaved people after the American Civil War.

Among other things, it addresses citizenship rights and equal protection under the law. Extending liberties and rights granted by the Bill of Rights to formerly enslaved people, it remains perhaps the most significant constitutional amendment since the Bill of Rights was passed in 1791. For this and other reasons, it was bitterly opposed, especially by Southerners. Ultimately, however, in order to regain their representation in Congress, the defeated Southern states were forced to ratify it. In the years, since, it has been one of the most litigated parts of the Constitution and forms the basis for several landmark decisions such as Brown v. Board of Education (1954), Loving v. Virginia (1967), Roe v. Wade (1973) and Bush v. Gore (2000).

What It Tried to Change

Following the Civil War, Congress submitted three amendments to the states as part of its Reconstruction program to guarantee equal civil and legal rights to black citizens.

Before passing the 14th Amendment, the Senate added a clause 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 States wherein they reside.” This clause thereby granted citizenship to formerly enslaved people.

Another equally important provision was the statement 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." In addition to these important provisions, the amendment included issues such as public debt, how former rebels and insurrectionists should be treated, and other constitutional law concepts. The House approved the final version.

Notably, the rights enumerated in the 14th Amendment now applied to both federal and state governments—in theory.

Unfortunately, although the amendment offered great hope after the Civil War, not only did it fail to fully extend the Bill of Rights to the states, it also failed to protect the rights of black citizens for long, especially in the South, where racist local and state governments systematically denied their black citizens equal rights and due process of law. Due to continuing white prejudice against blacks, the 1896 Plessy v. Ferguson Supreme Court decision that accepted the idea of “separate but equal,” and the refusal or reluctance of the nation’s leadership to enforce the amendment, black citizens’ rights were denied by various means, including the so-called Jim Crow laws and segregation in the South.

As a result, black and white citizens have been forced to struggle for nearly two centuries to make the intention of the 14th Amendment a reality. They have petitioned, protested and filed cases in court; Congress has passed more laws; and the executive branch has attempted to enforce the law to protect citizens’ rights. Although these efforts have never been able to fully empower the amendment, they did, however, lead to some success in the mid-20th century. From time to time, the amendment has been instrumental in antidiscrimination cases and has safeguarded citizens' rights to equal protection under the law.

Since 14th Amendment violations deprive citizens of their rights and affect the very core of their status as members of society, such violations have often been and continue to be at the heart of many legal battles.

The Amendment Today

Even in the modern era, the 14th Amendment continues to provoke controversy. In 2023, for example, President Joe Biden looked at utilizing the 14th Amendment to settle the newest debt crisis affecting the nation. Debate over whether the amendment could be used unilaterally to avoid a default eventually picked up steam amid negotiations between the White House and House Republicans. Proponents of the theory argued that the phrase in the 14th Amendment that says the public debt “shall not be questioned” meant that if Congress did not act, the president could unilaterally continue to issue debt. Some Democrats and White House officials had advocated for Biden to use the amendment to work around Republican demands for spending cuts in exchange for raising the debt ceiling. Biden, however, was publicly adamant that while he was exploring the idea, such an attempt would likely get tied up in court and not be a viable solution to avoid default before the U.S. Treasury ran out of money in early June 2023.

In addition to this example, some people today believe that Section 3 of the amendment, which addresses the punishment of those who "have engaged in insurrection or rebellion against the [United States], or given aid or comfort to the enemies thereof,” should also be applied to those who were involved in the Jan. 6, 2021, insurrection at the U.S. Capitol. They argue that the amendment bars these insurrectionists from holding office, and they want to use it to expel some members of the U.S. Congress from office and ban former President Donald Trump from running for office again.

The Amendment and the Future

One of the best-known and most-quoted sections of the amendment was written by Congressman John Bingham. It reads, “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.” With these words, Bingham sought to ensure that each individual state was duty bound to uphold the citizens’ constitutional rights.

Unfortunately, as previously noted, this amendment has never been fully enforced, and, in fact, parts of it have recently come under attack again. Although the amendment was adopted to clarify citizenship rights, equal protection, apportionment, and the nation’s debt, questions still arise about the supposed “fairness” that is received by many of the people who call the U.S. home.

Ultimately, the 14th Amendment was a critical milestone in the quest for equality and justice in the nation, and although it has faced much opposition and many attacks, it still provides important guiding principles for ensuring a fairer and more inclusive society for all.