Fourteenth Amendment

The Fourteenth Amendment of the U.S. Constitution contains several notable rights and protections, such as applying due process and equal protection to State law. It also addresses citizenship, state action, privacy rights, apportionment, disqualification for rebellion, debt, and the enforcement clause, among other rights. The Fourteenth Amendment contains five sections in total.

  • Section One includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
  • Section Two addresses the apportionment of representatives to Congress.
  • Section Three forbids anyone who participates in “insurrection or rebellion” against the United States from holding federal office.
  • Section Four addresses federal debt and repudiates debts accrued by the Confederacy.
  • Section Five expressly authorizes Congress to enforce the Fourteenth Amendment “by appropriate legislation.”

The states ratified the Fourteenth Amendment in 1868 in the immediate aftermath of the American Civil War, along with the other Reconstruction Amendments, the Thirteenth and Fifteenth.

Citizenship

The Citizenship Clause, also known as the Naturalization Clause, is contained in Section One of the Fourteenth Amendment. It grants U.S. citizenship at birth to all individuals born in the United States and state citizenship to the state of birth.

In Dred Scott v. Sandford (1857), the Supreme Court held that African Americans were not U.S. citizens, even if they were free.The Fourteenth Amendment overturned Dred Scott by guaranteeing that everyone born or naturalized in the United States and under its jurisdiction is a U.S. citizen. It also made federal citizenship primary, preventing states from denying citizenship to freed slaves.

In Elk v. Wilkins (1884), the Supreme Court held that children born to members of Native American tribes governed by their own tribal governments were not automatically granted citizenship under the Fourteenth Amendment. Congress granted citizenship to Native Americans in 1924 through the Indian Citizenship Act.

State Action

The State Action Clause of the Fourteenth Amendment prevents discrimination or other violations of rights by state  agents or government entities, but not private actors. In the Civil Rights Cases (1883), the Supreme Court ruled that the Civil Rights Act of 1875, which prohibited racial discrimination in public accommodations, was unconstitutional because it sought to regulate private conduct.

In Shelley v. Kraemer (1948), the Court held that judicial enforcement of a racially-motivated  restrictive covenant violated the Equal Protection Clause. In Burton v. Wilmington Parking Authority (1961), a restaurant leasing space in a public parking garage was deemed so closely connected to the state that its racial discrimination constituted state action.

Equal Protection

The Equal Protection Clause guarantees that all persons in the United States receive equal protection under the law. It applies these protections to state governments.

When a statute or ordinance, or other State action discriminates against an individual or a class of individuals based on suspect classifications, the court will apply one of three levels of scrutiny to the law in question:

Enforcement Against Private Parties

In the Civil Rights Cases (1883), the Court ruled that Congress cannot prohibit purely private discrimination under Section One, which applies only to state action. However, a private entity performing a public function or closely tied to the state may be subject to the Amendment.

In Jackson v. Metropolitan Edison Co. (1974), the Court held that terminating electrical service by a utility was not state action. In Flagg Brothers, Inc. v. Brooks (1978), the Court ruled that a warehouse’s sale of stored property to recover unpaid fees was not state action under the Fourteenth Amendment.

Due Process Clause

The Due Process Clause of the Fourteenth Amendment guarantees that states must enforce laws fairly and follow just procedures. The Fifth and Fourteenth Amendments both contain Due Process Clauses, interpreted to have the same meaning. Due process encompasses procedural due process and substantive due process.

Privacy Rights

The Supreme Court used substantive due process under the Fourteenth Amendment to recognize privacy rights in Griswold v. Connecticut (1965). It extended this reasoning in Roe v. Wade (1973) to protect abortion rights, and in Lawrence v. Texas (2003) to decriminalize same-sex sexual activity. In Dobbs v. Jackson Women’s Health Organization (2022), the Court overturned Roe, holding that abortion is not protected as part of the right to privacy. The scope of privacy rights under the Fourteenth Amendment remains unsettled and will likely develop in future decisions.

Apportionment

Section Two addresses the apportionment of representatives based on state population. After the abolition of slavery, this increased representation for Southern states. The clause was intended to encourage Southern states to grant Black Americans the right to vote, but Congress rarely enforced it. In Richardson v. Ramirez (1974), the Court held that Section Two allows states to disenfranchise convicted felons even after they have completed their sentences.

Disqualification for Rebellion

Section Three disqualifies individuals from holding state or federal office if they have engaged in insurrection or rebellion against the United States. Though written after the Civil War, it remains in force.

Debt

Section Four’s Public Debt Clause makes the validity of U.S. public debt unquestionable and repudiates Confederate debt. In Branch v. Haas (1883), a federal court refused to enforce contracts involving Confederate debt, though it upheld contracts involving Confederate currency in some cases to avoid injustice. In the Gold Clause Cases (1935), the Court held that Congress exceeded its authority by refusing to pay bonds in gold but found damages nominal and denied recovery.

Enforcement Clause

Section Five grants Congress power to enforce the Fourteenth Amendment through appropriate legislation, but its scope is limited to measures that directly enforce the Amendment’s provisions.

[Last reviewed in August of 2025 by the Wex Definitions Team] 

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