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July 28, 1868: The 14th Amendment Is Added To The Constitution

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On July 28, 1868, the United States certified the 14th Amendment to the Constitution, a transformative moment in American history that fundamentally redefined the nation’s approach to civil rights and equality. This amendment, which arose during the Reconstruction era following the Civil War, sought to address the rights of newly freed slaves and ensure equal protection under the law for all citizens. The certification of the 14th Amendment not only marked a significant legal shift but also symbolized a broader commitment to justice and equality.

The 14th Amendment was a direct response to the social and political upheaval that followed the Civil War. The Emancipation Proclamation and the 13th Amendment had abolished slavery, but the legal and social status of African Americans remained precarious. Southern states enacted Black Codes to restrict the freedoms of former slaves, and the federal government sought a more robust legal framework to protect their rights. The 14th Amendment aimed to address these issues by guaranteeing citizenship, due process, and equal protection under the law.

The 14th Amendment addresses various aspects of citizenship and rights through its key sections. The Citizenship Clause grants citizenship to all persons born or naturalized in the U.S., overturning the Dred Scott decision that denied African Americans citizenship.

The Due Process Clause extends legal protections to state actions, ensuring fairness and justice. The Equal Protection Clause requires states to provide equal protection under the law, underpinning landmark cases like Brown v. Board of Education. T

he Apportionment of Representatives section reduces congressional representation for states that disenfranchise male voters over 21.

The Disqualification from Office provision bars those who engaged in insurrection from holding public office unless Congress removes the ban by a two-thirds vote.

Lastly, the Public Debt section declares debts incurred in support of insurrection illegal and void.

The ratification of the 14th Amendment was a contentious and politically charged process. Following its passage by Congress on June 13, 1866, the amendment required ratification by three-fourths of the states. President Andrew Johnson, who opposed many Reconstruction policies, urged Southern states to reject the amendment. Nevertheless, the Republican-controlled Congress made ratification a condition for the Southern states’ readmission to the Union. By July 9, 1868, the necessary three-fourths of the states had ratified the amendment, and on July 28, 1868, Secretary of State William H. Seward issued a proclamation certifying its adoption. This certification marked a pivotal moment in American history, as it enshrined the principles of citizenship, due process, and equal protection into the Constitution.

The certification of the 14th Amendment had profound and lasting effects on American society and law. It provided a constitutional foundation for the civil rights movement and played a crucial role in dismantling institutionalized racial discrimination. The amendment’s equal protection clause, in particular, has been instrumental in advancing civil rights, gender equality, and gay rights.

The amendment’s legacy continues to shape contemporary debates on civil rights and the role of government in protecting individual freedoms.

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