Privileges and Immunities Clause. Right of Privacy: Personal Autonomy. Please help us improve our site! No thank you. LII U. Constitution 14th Amendment. Amendment XIV Section 1. Section 2. Section 3. Section 4. Often thought of as a provision that guarantees fairness, the due process clause requires government to use even-handed procedures, so that it is less likely to act in an arbitrary way.
Liberty, the Court held in Meyer v. Equal Protection of the Laws: Although the Declaration of Independence declared that all men were created equal, many persons living in our early republic, including Native Americans, African-American slaves and women were denied fundamental rights and liberties such as the right to vote, own property and freely travel. The equal protection clause limits the ability of states to discriminate against people based on their race, national origin, gender, or other status.
For example the clause has been used to guarantee voting rights, school integration, the rights of women and minorities to equal employment opportunities and the rights of immigrants to attend public school.
The extensive history of litigation under the equal protection clause in fact mirrors the struggle for civil rights of all Americans. Amendment XIV, Section 2 eliminated the three-fifths rule, specifically stating that representation to the House is to be divided among the states according to their respective numbers, counting all persons in each state except Native Americans who were not taxed.
The provision also punished states that did not let all males over the age of 21 vote by reducing their population for purposes of representation in Congress. With the adoption of the Nineteenth Amendment in , the right to vote in federal elections was extended to women.
But language in this section has been used to support the constitutionality of state laws than deny felons the right to vote. Both Sections 3 and 4 of the Fourteenth Amendment affected persons who waged war against the Union during the Civil War and the obligations of those states who had been part of the Confederacy. Amendment XIV, Section 4 allowed the federal and state governments to refuse to pay war debts of the Confederate army as well as any claims made by slave owners for their losses when slaves were freed.
This gives Congress the power to pass laws that protect civil rights, such as the Civil Rights Act of or the Americans with Disablilities Act of Home 14th Amendment. 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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Grow Your Legal Practice. Meet the Editors. The 14th Amendment contained three major provisions: The Citizenship Clause granted citizenship to All persons born or naturalized in the United States. Talk to a Lawyer Need a lawyer?
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