Follow the link for more information. Greater coat of arms of the United States. United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. The Fourteenth Amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for give me liberty eric foner 4th edition volume 1 pdf decisions such as Brown v.
The amendment’s first section includes several clauses: the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Due Process Clause prohibits state and local government officials from depriving persons of life, liberty, or property without legislative authorization. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including all non-citizens, within its jurisdiction. This clause has been the basis for many decisions rejecting irrational or unnecessary discrimination against people belonging to various groups. The second, third, and fourth sections of the amendment are seldom litigated. However, the second section’s reference to “rebellion and other crime” has been invoked as a constitutional ground for felony disenfranchisement.
The fourth section was held, in Perry v. 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. 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. 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.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. In 1865, Congress passed what would become the Civil Rights Act of 1866, guaranteeing citizenship without regard to race, color, or previous condition of slavery or involuntary servitude. The bill also guaranteed equal benefits and access to the law, a direct assault on the Black Codes passed by many post-war states. Although strongly urged by moderates in Congress to sign the bill, President Andrew Johnson vetoed it on March 27, 1866. Over 70 proposals for an amendment were drafted. In late 1865, the Joint Committee on Reconstruction proposed an amendment stating that any citizens barred from voting on the basis of race by a state would not be counted for purposes of representation of that state.
Ratification of the amendment was bitterly contested. State legislatures in every formerly Confederate state, with the exception of Tennessee, refused to ratify it. This refusal led to the passage of the Reconstruction Acts. Ignoring the existing state governments, military government was imposed until new civil governments were established and the Fourteenth Amendment was ratified. If rescission by Ohio and New Jersey were invalid, South Carolina would have been the 28th State. Rescission by Oregon did not occur until later. On July 20, 1868, Secretary of State William H.