Fourteenth Amendment to the United States Constitution

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The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederacy were required to ratify it to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions, such as Brown v. Board of Education (1954; prohibiting racial segregation in public schools), Loving v. Virginia (1967; ending interracial marriage bans), Roe v. Wade (1973; recognizing federal right to abortion until overturned in 2022), Bush v. Gore (2000; settling 2000 presidential election), Obergefell v. Hodges (2015; extending right to marry to same-sex couples), and Students for Fair Admissions v. Harvard (2023; prohibiting affirmative action in most college admissions).

The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause broadly defines citizenship, superseding the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens. The Privileges or Immunities Clause was interpreted in the Slaughter-House Cases (1873) as preventing states from impeding federal rights, such as the freedom of movement. The Due Process Clause builds on the Fifth Amendment to prohibit all levels of government from depriving people of life, liberty, or property without substantive and procedural due process. Additionally, the Due Process Clause supports the incorporation doctrine, by which portions of the Bill of Rights have been applied to the states. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction.

The second section superseded the Three-Fifths Compromise, apportioning the House of Representatives and Electoral College using each state's adult male population. In allowing states to abridge voting rights "for participation in rebellion, or other crime," this section approved felony disenfranchisement. The third section disqualifies federal and state candidates who "have engaged in insurrection or rebellion," but in Trump v. Anderson (2024), the Supreme Court left its application to Congress for federal elections and state governments for state elections. The fourth section affirms public debt authorized by Congress while declining to compensate slaveholders for emancipation. The fifth section provides congressional power of enforcement, but Congress' authority to regulate private conduct has shifted to the Commerce Clause, while the anti-commandeering doctrine restrains federal interference in state law.