The Civil War ended on May 9, 1865. Just more than three years later, on July 9, 1868, the 14th Amendment to the U.S. Constitution was passed. This amendment and the 13th and 15th amendments were a part of the Reconstruction Era of the United States, which focused on civil rights and rebuilding the war-torn nation. The 14th Amendment states that every person born or naturalized in America is a citizen of the
country as well as their state of residence. Some southern states began actively passing laws that restricted the rights of former slaves after the Civil War, and Congress responded with the 14th Amendment, designed to place limits on states' power as well as protect civil rights. To be readmitted to the Union after the Civil War, southern states had to ratify the 14th Amendment. Initially, Native Americans were not granted citizenship by this amendment because they were under the
jurisdiction of tribal laws. It was not until 1924 that Congress passed the Indian Citizenship Act, which granted Native Americans citizenship rights as well. The 14th Amendment has five sections. The first section introduces the citizenship law for all people born in the country or naturalized. This section also covers the limitations of state laws, which cannot supersede federal laws that govern citizens. States cannot deprive citizens of life, liberty, or property without due process of
law. Due process of law means that legal proceedings have to be fair and that citizens need to be given notice and a chance to be heard before any rulings are made. When originally passed, the 14th Amendment was designed to grant citizenship rights to African-Americans, and it states that citizenship cannot be taken from anyone unless someone gives it up or commits perjury during the naturalization process. In 1787, delegates of the Constitutional Convention had reached a compromise for
determining the number of representatives each state would have in the U.S. House of Representatives. Called the three-fifths compromise, this agreement stated that every five slaves would be counted as three people when determining population for the number of representatives and taxes owed. Section 2 of the 14th Amendment removed this law from the Constitution, giving freed slaves full weight as citizens. The only adult male citizens who were denied the right to vote were those convicted of
crimes. Section 3 of the 14th Amendment focuses on rebellion, prohibiting anyone from being elected or appointed to a state or federal office after engaging in rebellion or treason. The houses of Congress can vote to override this if two-thirds of the votes are in favor. Section 4 serves to legitimize the public debt that Congress appropriates. This section was put in place to prevent the Confederacy's war and emancipation debts from impacting the reunited country.
The power of enforcement is outlined in Section 5 of the 14th Amendment. This clause gives Congress the power to pass appropriate laws to enforce all of the provisions of this amendment. Debate and controversy have been high regarding the scope of power given to Congress by this section. In 1879, the Supreme Court gave Congress significant authority. Since this time, however, decisions have been more conservative, giving Congress less authority in regulation. Congress does not have the power to regulate the private conduct of citizens, but it can regulate actions by state and local governments. Congress has the authority to stop or resolve rights violations that have a legal precedent, but the remedies have to be proportionate to the violations.
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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.
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.
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.
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.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.