The Fourteenth Amendment Is Ratified

On July 28, 1868, the Fourteenth Amendment to the United States Constitution was formally ratified, establishing birthright citizenship and guaranteeing equal protection of the laws. It became a cornerstone of civil rights by extending citizenship to formerly enslaved people and reshaping the relationship between the federal government and the states.

Historical Context

In the aftermath of the Civil War, the United States faced the challenge of integrating millions of newly freed African Americans into the nation's political and social life. The Thirteenth Amendment had abolished slavery in 1865, but Southern states quickly enacted Black Codes that restricted the rights of freedpeople. In response, the Republican-dominated Congress passed the Civil Rights Act of 1866, which granted citizenship and equal benefits of the laws to all persons born in the United States regardless of race. Fearing that the law could be overturned or undermined, Congress proposed the Fourteenth Amendment on June 13, 1866, to enshrine these protections in the Constitution.

What Happened

The amendment was sent to the states for ratification, with the requirement that three-fourths (28 of 37) approve. By July 1868, 28 states had ratified, but two—Ohio and New Jersey—had rescinded their approval. On July 20, 1868, Secretary of State William H. Seward received the necessary ratifications but initially hesitated to declare adoption because of the rescissions. After Congress passed a resolution on July 21 declaring the amendment valid, Seward issued a formal proclamation on July 28, 1868, certifying that the Fourteenth Amendment had been adopted. The amendment contains five sections, including the Citizenship Clause, the Privileges or Immunities Clause, the Due Process Clause, and the Equal Protection Clause, as well as provisions on apportionment, disqualification from office, and the validity of public debt.

Significance & Legacy

The Fourteenth Amendment fundamentally altered American constitutional law by nationalizing citizenship and imposing new limits on state power. Its Equal Protection Clause became the legal foundation for landmark Supreme Court decisions such as Brown v. Board of Education (1954), which ended racial segregation in public schools, and Obergefell v. Hodges (2015), which recognized same-sex marriage. The Due Process Clause has been used to apply most of the Bill of Rights to the states, expanding individual liberties. Despite its promise, the amendment's protections were often undermined by Jim Crow laws and judicial interpretation until the civil rights movement of the twentieth century.

Conclusion

The ratification of the Fourteenth Amendment in 1868 marked a pivotal moment in American history, embedding the principles of citizenship and equal protection into the Constitution. While its full promise took nearly a century to realize, it remains a vital tool for safeguarding civil rights and ensuring that no state may deny any person the equal protection of the laws.