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Fourteenth Amendment

Subject: Law

(1868) The most important of the three American Civil War and Reconstruction amendments to the US Constitution. Drawn up in 1866 by the Joint Committee of Fifteen, the Fourteenth ...

Fourteenth Amendment

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Stewart Wood

A Concise Oxford Dictionary of Politics and International Relations (4 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Social sciences, Politics
Length:
118 words

... Amendment Adopted after the Civil War in 1869 , this amendment to the US Constitution was intended to incorporate the ‘privileges and immunities’ enumerated in the Bill of Rights at the level of the states, and compel state authorities to ensure ‘equal protection of the laws’ for all their citizens. Although the purpose of the Amendment was to guarantee newly freed slaves recognition of their citizenship by state governments, it has been used subsequently to justify the modern Supreme Court’s ‘ judicial activism ’ in a variety of policy areas (most...

Fourteenth Amendment

Fourteenth Amendment   Reference library

The Oxford Essential Dictionary of the U.S. Military

Reference type:
Subject Reference
Current Version:
2002

... Amendment an amendment to the U.S. Constitution, adopted in 1868 . Its five sections established the citizenship of African Americans. It also excluded from political office those who aided the Confederacy , and it declared that the U.S. government was not responsible for the debts of the Confederacy or liable for claims arising from the loss of...

Fourteenth Amendment

Fourteenth Amendment   Reference library

Michael Les Benedict

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
667 words

...the amendment. With this prodding, the amendment was ratified on 9 July 1868 . In the decades following, the Supreme Court defined the amendment narrowly to maintain a clear distinction between the powers of the federal and state governments. In the Slaughterhouse Cases ( 1873 ), the Court distinguished the rights Americans held as state citizens from their rights as U.S. citizens. The Fourteenth Amendment, the Court held, guaranteed only the latter. In the Civil Rights Cases ( 1883 ), the Court held that Congress could enforce the amendment only...

Fourteenth Amendment

Fourteenth Amendment   Reference library

Michael Les Benedict

The Oxford Companion to United States History

Reference type:
Subject Reference
Current Version:
2004
Subject:
History, Regional and National History
Length:
631 words

...the amendment. With this prodding, the amendment was ratified on 9 July 1868 . In the decades following, the Supreme Court defined the amendment narrowly in order to maintain a clear distinction between the powers of the federal and state governments. In the Slaughterhouse Cases ( 1873 ), the Court distinguished the rights Americans held as state citizens from their rights as U.S. citizens. The Fourteenth Amendment, the Court held, guaranteed only the latter. In the Civil Rights Cases ( 1883 ), the Court held that Congress could enforce the amendment only...

Fourteenth Amendment

Fourteenth Amendment   Reference library

Encyclopedia of African American History, 1619–1895: From the Colonial Period to the Age of Frederick Douglass

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, Regional and National History
Length:
1,850 words
Illustration(s):
1

... Amendment Since its ratification in 1868 as one of the three Reconstruction amendments, the Fourteenth Amendment has been the subject of more litigation than any other amendment to the U.S. Constitution. Indeed, constitutional scholars have identified its section 1 as a “second constitution” because it changed the focus of the original Constitution in compelling states to guarantee individual rights to American citizens. The Fourteenth Amendment was passed in the wake of President Andrew Johnson 's veto of the Civil Rights Act of 1866 , which...

Fourteenth Amendment

Fourteenth Amendment (1868)   Quick reference

A Dictionary of World History (3 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
History
Length:
198 words

... Amendment ( 1868 ) The most important of the three American Civil War and Reconstruction amendments to the US Constitution. Drawn up in 1866 by the Joint Committee of Fifteen, the Fourteenth Amendment extended US citizenship to all persons born or naturalized in the USA (and thus, by including ex-slaves, reversed the Dred Scott decision ). It also prohibited the states from abridging the privileges and immunities of citizens or depriving any person of life, liberty, or property without due process of law, or denying any person the equal...

Fourteenth Amendment

Fourteenth Amendment   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
2,107 words

...Law ; Race and Ethnicity Michael Kent Curtis , No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights , 1986. William E. Nelson , The Fourteenth Amendment: From Political Principle to Judicial Doctrine , 1988. Richard L. Aynes , “ Constricting the Law of Freedom: Justice Miller, the Fourteenth Amendment, and the Slaughter-House Cases ,” Chicago Kent Law Review 70 (1994): 627. Raoul Berger , Government by Judiciary: The Transformation of the Fourteenth Amendment , 2d ed., 1997. Pamela Brandwein , Reconstructing Reconstruction: The Supreme...

Fourteenth Amendment

Fourteenth Amendment   Reference library

Michael Kent Curtis

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
1,613 words

...action once considered private and therefore outside the protection of the Fourteenth Amendment. In Shelley v. Kraemer ( 1948 ), the Court outlawed judicial enforcement of racially restrictive covenants in housing ( See Housing Discrimination ). In United States v. * Guest ( 1966 ), six justices in dicta indicated that congressional power under the Fourteenth Amendment could reach racially motivated private violence. Another major area of expansion of the Fourteenth Amendment was in the application of the Bill of Rights to the states. As early as ...

Fourteenth Amendment

Fourteenth Amendment  

Reference type:
Overview Page
Subject:
Law
(1868)The most important of the three American Civil War and Reconstruction amendments to the US Constitution. Drawn up in 1866 by the Joint Committee of Fifteen, the Fourteenth Amendment extended US ...
Reversals of Court Decisions By Amendment

Reversals of Court Decisions By Amendment  

Reference type:
Overview Page
Subject:
Law
Supreme Court decisions that interpret provisions of the Constitution can be overturned directly only by amendment. Article V of the Constitution provides that amendments can be proposed by ...
First Amendment Balancing

First Amendment Balancing  

Reference type:
Overview Page
Subject:
Law
Notwithstanding the specific guarantees of the First Amendment and, by implication, that of the Fourteenth, the quintet of rights enumerated in its language are not regarded as absolute, despite ...
Minor v. Happersett

Minor v. Happersett  

Reference type:
Overview Page
Subject:
Law
21 Wall. (88 U.S.) 162 (1875), argued 9 Feb. 1875, decided 9 Mar. 1875 by vote of 9 to 0; Waite for the Court. The Supreme Court held that a state could constitutionally forbid a woman citizen to ...
Eleventh Amendment

Eleventh Amendment  

Reference type:
Overview Page
Subject:
Law
Is one of only two constitutional amendments adopted explicitly to repudiate a Supreme Court decision—the other being the Sixteenth Amendment (see Reversals of Court Decisions by Amendment). The ...
Fifth Amendment Immunity

Fifth Amendment Immunity  

Reference type:
Overview Page
Subject:
Law
The Fifth Amendment guarantees that “no person … shall be compelled in any criminal case to be a witness against himself.” Sometimes called the Great Right, the privilege against self‐incrimination ...
Third Amendment

Third Amendment  

Reference type:
Overview Page
Subject:
Law
The Constitution's Third Amendment, which forbids nonconsensual quartering of soldiers in private homes during peacetime, lies almost forgotten among the Bill of Rights. It has been neither the ...
Adamson v. California

Adamson v. California  

Reference type:
Overview Page
Subject:
Law
332 U.S 46 (1947), argued 15–16 Jan. 1947, decided 23 June 1947 by vote of 5 to 4; Reed for the Court, Frankfurter concurring, Black, Douglas, Murphy, and Rutledge in dissent. Adamson reflected the ...
Nixon v. Herndon

Nixon v. Herndon  

Reference type:
Overview Page
Subject:
Law
273 U.S. 536 (1927), argued 4 Jan. 1927, decided 7 Mar. 1927 by vote of 9 to 0, Holmes for the Court. The collapse of the Republican party in the South after Reconstruction, and then, in 1896, of the ...
Force Acts

Force Acts  

Reference type:
Overview Page
Subject:
History
Popular name for US Acts designed to enforce federal law. Such an Act was passed in 1833 and was designed to counteract nullification: it empowered President Andrew Jackson to use the army and navy, ...
In Personam Jurisdiction

In Personam Jurisdiction  

Reference type:
Overview Page
Subject:
Law
The Supreme Court has consistently held that in order for a court to take jurisdiction of a cause, the Fifth or Fourteenth Amendments' due process clauses require that it have ...
Mobile v. Bolden

Mobile v. Bolden  

Reference type:
Overview Page
Subject:
Law
446 U.S. 55 (1980), argued 19 Mar. 1979, reargued 29 Oct. 1979, decided 22 Apr. 1980 by vote of 6 to 3; Stewart for the Court, Blackmun concurring in the result, Stevens concurring in the judgment, ...

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