Ratification of the 14th Amendment was initiated out of a need for clarity in the years following the Civil War in US.

The 14th Amendment to the US Constitution, ratified on July 9, 1868, stands as one of the most pivotal components of the Constitution. It is monumental in foundation for defining citizenship, protecting individual rights, and ensuring equality under the law. It clearly states 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 State wherein they reside.” 

History of the 14th Amendment

In the aftermath of Civil War in US, the Supreme Court of the United States' shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race. That forced US congress to repudiate the implication of the same for which 14th amendment had been introduced in first place to provide clarity on the citizenship.

After the abolition of slavery through the 13th Amendment, the United States grappled with the issue of integrating earlier enslaved people into civil society.

Black Codes of southern states, which restricted the rights of African Americans, prompted Congress to take action and hence during Reconstruction Era following the Civil War 14th Amendment to the US Constitution proposed a guarantee of equality and protect the rights of all citizens, particularly the newly freed African Americans, from state-level discrimination.

Key Provisions of the 14th Amendment to the US Constitution

The 14th Amendment consists of five sections, each one addressing important issues related to citizenship, due process, and equal protection:

1. Citizenship Clause

This clause grants citizenship to all persons born or naturalized in the United States, effectively overturning the Supreme Court's infamous Dred Scott v. Sandford (1857) decision, which denied citizenship to African Americans.

2. Due Process Clause

The Due Process Clause ensures that no state can deprive any person of "life, liberty, or property, without due process of law." It provides a safeguard against arbitrary actions by state governments, protecting individual freedoms.

3. Equal Protection Clause

This clause mandates that no state shall "deny to any person within its jurisdiction the equal protection of the laws." It has been a cornerstone in landmark civil rights cases, ensuring equal treatment regardless of race, gender, or other characteristics.

4. Representation and Reapportionment

This section addresses the allocation of congressional representation based on population, penalizing states that disenfranchise male citizens.

5. Enforcement Clause

The final section grants Congress the power to enforce the amendment’s provisions through appropriate legislation.

By promoting the principles of equality, the 14th Amendment has been instrumental in enabling modern civil rights movements and ensuring due justice for marginalized communities in United States.

Trump’s executive order on birthright U.S. Citizenship

On the first day in Office, President Trump signed an executive order redefining the 14th Amendment's birthright citizenship clause. The order states that children born in the U.S. to non-citizen parents are not automatically granted citizenship1. This move sparked immediate legal challenges, with several states and immigrant rights groups filing lawsuits arguing that the order is unconstitutional.

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The 14th Amendment to the US Constitution remains a significant in American democracy, imbibing the ideals of equality, justice, and liberty in constitution as well as in society. Its provisions continue to shape the nation’s legal landscape, ensuring that no individual is denied their fundamental rights.

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