A report on Fourteenth Amendment to the United States Constitution

U.S. Senator from Michigan Jacob M. Howard, author of the Citizenship Clause
Rep. John Bingham of Ohio was the principal author of the Equal Protection Clause
Thurgood Marshall served as chief counsel in the landmark Fourteenth Amendment decision Brown v. Board of Education (1954).
Senate and House votes on the Fourteenth Amendment
Form of the Letter of Transmittal of the Fourteenth Amendment to the several states for its ratification

Adopted on July 9, 1868, as one of the Reconstruction Amendments.

- Fourteenth Amendment to the United States Constitution
U.S. Senator from Michigan Jacob M. Howard, author of the Citizenship Clause

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Supreme Court of the United States

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Highest court in the federal judiciary of the United States.

Highest court in the federal judiciary of the United States.

The Court lacked its own building until 1935; from 1791 to 1801, it met in Philadelphia's City Hall.
The Royal Exchange, New York City, the first meeting place of the Supreme Court
Chief Justice Marshall (1801–1835)
The U.S. Supreme Court Building, current home of the Supreme Court, which opened in 1935.
The Hughes Court in 1937, photographed by Erich Salomon. Members include Chief Justice Charles Evans Hughes (center), Louis Brandeis, Benjamin N. Cardozo, Harlan Stone, Owen Roberts, and the "Four Horsemen" Pierce Butler, James Clark McReynolds, George Sutherland, and Willis Van Devanter, who opposed New Deal policies.
Justices of the Supreme Court with President George W. Bush (center-right) in October 2005. The justices (left to right) are: Ruth Bader Ginsburg, David Souter, Antonin Scalia, John Paul Stevens, John Roberts, Sandra Day O'Connor, Anthony Kennedy, Clarence Thomas, and Stephen Breyer
John Roberts giving testimony before the Senate Judiciary Committee during the 2005 hearings on his nomination to be chief justice
Ruth Bader Ginsburg giving testimony before the Senate Judiciary Committee during the 1993 hearings on her nomination to be an associate justice
The interior of the United States Supreme Court
The first four female justices: O'Connor, Sotomayor, Ginsburg, and Kagan.
The current Roberts Court justices (since October 2020): Front row (left to right): Samuel Alito, Clarence Thomas, Chief Justice John Roberts, Stephen Breyer, and Sonia Sotomayor. Back row (left to right): Brett Kavanaugh, Elena Kagan, Neil Gorsuch, and Amy Coney Barrett.
Percentage of cases decided unanimously and by a one-vote margin from 1971 to 2016
The present U.S. Supreme Court building as viewed from the front
From the 1860s until the 1930s, the court sat in the Old Senate Chamber of the U.S. Capitol.
Seth P. Waxman at oral argument presents his case and answers questions from the justices.
Inscription on the wall of the Supreme Court Building from Marbury v. Madison, in which Chief Justice John Marshall outlined the concept of judicial review

Under the White and Taft Courts (1910–1930), the court held that the Fourteenth Amendment had incorporated some guarantees of the Bill of Rights against the states (Gitlow v. New York), grappled with the new antitrust statutes (Standard Oil Co. of New Jersey v. United States), upheld the constitutionality of military conscription (Selective Draft Law Cases), and brought the substantive due process doctrine to its first apogee (Adkins v. Children's Hospital).

Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause.

Equal Protection Clause

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Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause.
This drawing by E. W. Kemble shows a sleeping Congress with a broken 14th Amendment. It makes the case that Congress ignored its constitutional obligations to Black Americans.
The Court that decided Plessy
The U.S. Supreme Court Building opened in 1935, inscribed with the words "Equal Justice Under Law" which were inspired by the Equal Protection Clause.
The Court that decided Brown
Justice John Marshall Harlan II sought to interpret the Equal Protection Clause in the context of Section 2 of the same amendment

The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution.

Incorporation of the Bill of Rights

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Doctrine by which portions of the Bill of Rights have been made applicable to the states.

Doctrine by which portions of the Bill of Rights have been made applicable to the states.

Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870.

Page one of the officially engrossed copy of the Constitution signed by delegates. A print run of 500 copies of the final version preceded this copy.

Constitution of the United States

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Supreme law of the United States of America.

Supreme law of the United States of America.

Page one of the officially engrossed copy of the Constitution signed by delegates. A print run of 500 copies of the final version preceded this copy.
Signing of the Constitution, September 17, 1787 (1940 by Howard Chandler Christy)
Dates the 13 states ratified the Constitution
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"We the People" in an original edition
Closing endorsement section of the United States Constitution
United States Bill of Rights
Currently housed in the National Archives.
John Jay, 1789–1795
John Marshall, 1801–1835
Salmon P. Chase {{refn|group= lower-alpha|The Chase Court, 1864–1873, in 1865 were Salmon P. Chase (chief Justice); Hon. Nathan Clifford, Maine; Stephen J. Field, Justice Supreme Court, U.S.; Hon. Samuel F. Miller, U.S. Supreme Court; Hon. Noah H. Swayne, Justice Supreme Court, U.S.; Judge Morrison R. Waite}}
William Howard Taft {{refn|group= lower-alpha|The Taft Court, 1921–1930, in 1925 were James Clark McReynolds, Oliver Wendell Holmes Jr., William Howard Taft (chief justice), Willis Van Devanter, Louis Brandeis. Edward Sanford, George Sutherland, Pierce Butler, Harlan Fiske Stone}}
Earl Warren {{refn|group= lower-alpha|The Warren Court, 1953–1969, in 1963 were Felix Frankfurter; Hugo Black; Earl Warren (chief justice); Stanley Reed; William O. Douglas. Tom Clark; Robert H. Jackson; Harold Burton; Sherman Minton}}
William Rehnquist {{refn|group= lower-alpha|The Rehnquist Court, 1986–2005.}}
José Rizal
Sun Yat-sen

The Fourteenth Amendment (1868) granted United States citizenship to former slaves and to all persons "subject to U.S. jurisdiction".

Due Process Clause

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In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law.

The ruins of Richmond, Virginia, the former Confederate capital, after the American Civil War; newly-freed African Americans voting for the first time in 1867; office of the Freedmen's Bureau in Memphis, Tennessee; Memphis riots of 1866

Reconstruction era

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Period in American history following the American Civil War ; it lasted from 1865 to 1877 and marked a significant chapter in the history of civil rights in the United States.

Period in American history following the American Civil War ; it lasted from 1865 to 1877 and marked a significant chapter in the history of civil rights in the United States.

The ruins of Richmond, Virginia, the former Confederate capital, after the American Civil War; newly-freed African Americans voting for the first time in 1867; office of the Freedmen's Bureau in Memphis, Tennessee; Memphis riots of 1866
The Southern economy had been ruined by the war. Charleston, South Carolina: Broad Street, 1865
The distribution of wealth per capita in 1872, illustrating the disparity between North and South in that period
A political cartoon of Andrew Johnson and Abraham Lincoln, 1865, entitled "The Rail Splitter At Work Repairing the Union". The caption reads (Johnson): "Take it quietly Uncle Abe and I will draw it closer than ever." (Lincoln): "A few more stitches Andy and the good old Union will be mended."
Monument in honor of the Grand Army of the Republic, organized after the war
Freedmen voting in New Orleans, 1867
Abraham Lincoln, 16th President of the United States (1861–1865)
Celebration of the Emancipation Proclamation in Massachusetts, 1862
Northern teachers traveled into the South to provide education and training for the newly freed population.
Andrew Johnson, 17th President of the United States (1865–1869)
An October 24th, 1874 Harper's Magazine editorial cartoon by Thomas Nast denouncing KKK and White League murders of innocent Blacks
The debate over Reconstruction and the Freedmen's Bureau was nationwide. This 1866 Pennsylvania election poster alleged that the bureau kept the Negro in idleness at the expense of the hardworking white taxpayer. A racist caricature of an African American is depicted.
1868 Republican cartoon identifies Democratic candidates Seymour and Blair (right) with KKK violence and with Confederate soldiers (left).
"This is a white man's government", Thomas Nast's caricature of the forces arraigned against Grant and Reconstruction in the 1868 election. Atop a black Union veteran reaching for a ballot box: the New York City Irish; Confederate and Klansman Nathan Bedford Forrest; and big-money Democratic Party chairman August Belmont, a burning freedmen's school in the background. Harper's Weekly, September 5, 1868.
Ulysses S. Grant, 18th President of the United States (1869–1877)
Grant's Attorney General Amos T. Akerman prosecuted the Ku Klux Klan, believing that the strong arm of the federal Justice Department could pacify the South.
Eastman Johnson's 1863 painting The Lord is My Shepherd, of a man reading the Bible
Atlanta's rail yard and roundhouse in ruins shortly after the end of the Civil War
$20 banknote with portrait of Secretary of the Treasury Hugh McCulloch
Winslow Homer's 1876 painting A Visit from the Old Mistress
A Republican Form of Government and No Domestic Violence, by Thomas Nast, a political cartoon about the Wheeler Compromise in Louisiana, published in Harper's Weekly, March 6, 1875
White Leaguers attacking the New Orleans integrated police force and state militia, Battle of Liberty Place, 1874
Rutherford B. Hayes, 19th President of the United States (1877–1881)
A poster for the 1939 epic film Gone with the Wind, which is set during the Civil War and Reconstruction eras
Map of the five Reconstruction military districts
First Military District
Second Military District
Third Military District
Fourth Military District
Fifth Military District

It proclaimed the newly freed slaves (freedmen; black people) citizens with (ostensibly) the same civil rights as those of whites; these rights were nominally guaranteed by three new constitutional amendments: the 13th, 14th, and 15th, collectively known as the Reconstruction Amendments.

Rose Fosco, who before 1968 posed as a woman seeking an abortion during sting operations for the Chicago Police Department. As an undercover officer she worked to break up illegal abortion rings.

Roe v. Wade

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Landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States granted the right to have an abortion.

Landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States granted the right to have an abortion.

Rose Fosco, who before 1968 posed as a woman seeking an abortion during sting operations for the Chicago Police Department. As an undercover officer she worked to break up illegal abortion rings.
The judicial replacements
George Frampton, law clerk to Justice Harry Blackmun during the 1971–72 term
Justice Harry Blackmun, the author of Roe majority opinion
2021 Women's March, many speakers bemoaned a looming threat to Roe.
March for Life, 2020
Judge Edith Jones
Oral hearing for the abortion decision, November 18, 1974
Burger Court in 1976
1991–1993 Rehnquist Court
The Rehnquist Court in 1998; the members pictured are the ones who decided Stenberg v. Carhart. Justice Ginsburg replaced Justice White.
Judge David Lawson
The Roberts Court in 2010; eight of the nine members pictured are the ones who decided Whole Woman's Health v. Hellerstedt. Justice Scalia (front row, second left) died before the oral argument.

On January 22, 1973, the Supreme Court issued a 7–2 decision holding that the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a fundamental "right to privacy", which protects a pregnant woman's right to an abortion.

Privileges or Immunities Clause

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Amendment XIV, Section 1, Clause 2 of the United States Constitution.

Amendment XIV, Section 1, Clause 2 of the United States Constitution.

Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868.

Outside the Supreme Court on the morning of June 26, 2015, James Obergefell (foreground, center) and attorney Al Gerhardstein (foreground, left) react to its historic decision.

Obergefell v. Hodges

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Outside the Supreme Court on the morning of June 26, 2015, James Obergefell (foreground, center) and attorney Al Gerhardstein (foreground, left) react to its historic decision.
Plaintiffs Gregory Bourke (left) and Michael DeLeon (right) celebrate outside the Supreme Court building on June 26, 2015.
Judge Jeffrey Sutton wrote the Sixth Circuit's majority opinion upholding same-sex marriage bans, causing the circuit split that helped trigger Supreme Court review.
On the morning of June 26, 2015, outside the Supreme Court, the crowd celebrates the Court's decision.
Justice Anthony Kennedy authored the Court's opinion declaring same-sex couples have the right to marry.
In his dissent, Chief Justice John Roberts argued same-sex marriage bans did not violate the Constitution.
Justice Clarence Thomas wrote a dissent rejecting substantive due process.
The White House illuminated in rainbow colors, which appear on the gay pride flag, on the evening of the ruling
Plaintiffs Jimmy Meade (left) and Luke Barlowe (right) celebrate at Lexington Pride Festival, Lexington, Kentucky, on the day after the Obergefell ruling.
Opponents of the decision protest before the steps of the Supreme Court, June 26, 2015.
Alabama counties issuing marriage licenses to all couples (blue) and counties issuing licenses to no one (purple) prior to August 29, 2019
Texas counties not confirmed to be issuing marriage licenses to same-sex couples (pink)

Obergefell v. Hodges,, is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Substantive due process

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Principle in United States constitutional law that allows courts to establish and protect certain fundamental rights from government interference, even if procedural protections are present or the rights are unenumerated elsewhere in the U.S. Constitution.

Principle in United States constitutional law that allows courts to establish and protect certain fundamental rights from government interference, even if procedural protections are present or the rights are unenumerated elsewhere in the U.S. Constitution.

Courts have asserted that such protections come from the due process clauses of the Fifth and Fourteenth amendments to the U.S. Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law".