Citizenship, Due Process, and Equal Protection
"Section 1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
The Fourteenth AmendmentThe 1868 amendment guaranteeing birthright citizenship, due process, and equal protection against the states, and giving Congress power to enforce them.Read the full definition (opens a new tab) is among the most consequential. It defines citizenshipFull membership in the national political community: the right to vote in federal elections, hold most federal offices, carry a U.S. passport, and never be deported.Read the full definition (opens a new tab) and bars states from denying any person due processThe guarantee that government cannot take life, liberty, or property without fair procedures, and, as courts read it, without adequate justification.Read the full definition (opens a new tab) of law or the equal protectionThe Fourteenth Amendment's command that states not deny any person 'the equal protection of the laws', the constitutional engine of anti-discrimination law.Read the full definition (opens a new tab) of the laws. Its later sections address how representation is counted, holdingThe part of a decision that resolves the case and binds future courts: the legal rule applied to these facts. Everything else is dicta.Read the full definition (opens a new tab) office after engaging in insurrection, and the public debt.
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