The Fourteenth Amendment Explained
Learn how the 14th Amendment guarantees citizenship, due process, equal protection, and limits state government power.
The 14th Amendment is part of the U.S. Constitution. It defines U.S. citizenship, guarantees equal protection under the law, and protects people from being deprived of life, liberty, or property without due process of law.
"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..."
Who Does the Fourteenth Amendment Protect?
The Federal Government
The federal government must follow the constitutional protections established by the 14th Amendment where applicable under the Constitution.
State Governments
State governments must provide equal protection under the law and follow due process before taking away a person's life, freedom, or property. State governments may not deny U.S. citizenship to people who qualify under the Constitution.
The People
People within the United States are protected by the 14th Amendment, including U.S. citizens, permanent residents, visitors, and other people protected under U.S. law.
What Does the Fourteenth Amendment Protect?
The 14th Amendment protects several important rights.
- Defines who is a U.S. citizen.
- Requires state governments to provide equal protection under the law.
- Requires state governments to follow due process before taking away a person's life, freedom, or property.
- Prevents states from limiting the rights of U.S. citizens without constitutional authority.
The 14th Amendment generally does not apply to the actions of private individuals, private businesses, or private organizations unless another federal or state law applies.
How Does the Fourteenth Amendment Protect People?
A person born in the United States or naturalized as a U.S. citizen generally becomes both a citizen of the United States and of the state where they live.
State governments must apply their laws equally and follow constitutional requirements when acting against a person.
Federal courts may review whether state laws or government actions comply with the Fourteenth Amendment.
Where Does the Fourteenth Amendment Apply?
The 14th Amendment applies throughout the United States.
The Federal Government
The federal government must respect the constitutional rights protected by the Fourteenth Amendment where required by the Constitution.
State Governments
State governments must follow the constitutional protections established by the Fourteenth Amendment.
Private Businesses and Organizations
Private businesses and organizations are generally governed by federal and state civil rights laws rather than the Fourteenth Amendment itself.
The People
People within the United States receive the protections of the Fourteenth Amendment when government actions affect their constitutional rights.
Why Was the Fourteenth Amendment Established?
The 14th Amendment was created to define citizenship, require equal protection under the law, and require state governments to follow due process before taking away a person's life, freedom, or property.
After the Civil War, Congress wanted to protect the rights of formerly enslaved people and establish a national definition of U.S. citizenship.
When Was the Fourteenth Amendment Approved?
The 14th Amendment was approved on July 9, 1868.
It was proposed by Congress on June 13, 1866 and approved by the states about 2 years later. The amendment established a national definition of citizenship and expanded constitutional protections against actions by state governments.
MIMS Reports
Disclaimer
This content was researched and organized with the assistance of artificial intelligence (AI) and is intended for educational and informational purposes only. While we strive for accuracy, information may change over time. Readers are encouraged to verify important information using official sources and consult qualified professionals when making legal, financial, medical, or other important decisions.
