Legal Definitions - Fourteenth Amendment

The Fourteenth Amendment to the U.S. Constitution, ratified in 1868 after the American Civil War, is a cornerstone of civil rights and liberties. Its primary purpose was to ensure equality and protect the rights of newly freed slaves, but its impact extends to all individuals. It fundamentally reshaped the relationship between individuals and state governments by establishing several critical principles:

• Citizenship Clause: This clause guarantees that everyone born or naturalized in the United States is a U.S. citizen and a citizen of the state where they reside. This principle, often referred to as birthright citizenship, ensures that states cannot deny citizenship based on factors like race or origin.
• Privileges and Immunities Clause: This clause protects fundamental rights of U.S. citizens from state interference, ensuring that states cannot create laws that infringe upon these core rights. While its full scope has been debated, it reinforces the idea that certain rights are inherent to national citizenship.
• Due Process Clause: This clause requires states to respect all legal rights owed to a person. This includes procedural due process, meaning the government must follow fair procedures before taking away someone's life, liberty, or property (such as providing notice and a hearing). It also includes substantive due process, which protects certain fundamental liberties from government interference, even if fair procedures are followed.
• Equal Protection Clause: This clause mandates that states cannot deny any person within their jurisdiction the equal protection of the laws. This means states must treat all individuals equally under the law, prohibiting unreasonable discrimination based on factors like race, national origin, or gender.

The Fourteenth Amendment also contains sections addressing the apportionment of congressional representatives, disqualifying individuals who engaged in rebellion from holding office, validating federal debt while repudiating Confederate debt, and granting Congress the power to enforce its provisions.

Examples of the Fourteenth Amendment in Action:

• Scenario 1 (Equal Protection): A state university implements an admissions policy that automatically grants admission to all male applicants with a GPA above 3.5, but requires female applicants with the same GPA to submit an additional essay and undergo an interview. This policy would likely violate the Equal Protection Clause of the Fourteenth Amendment. The state university, as a government entity, is treating applicants differently based on gender without a compelling justification, denying female applicants the same opportunities and process as male applicants.

• Scenario 2 (Procedural Due Process): A city government decides to demolish a historic building owned by a private citizen to make way for a new public park. The city sends a demolition crew without first notifying the owner, holding a hearing, or offering fair compensation for the property. This action would violate the Due Process Clause of the Fourteenth Amendment. The city is attempting to deprive the owner of their "property" (the building) without providing fair procedures, such as proper notice, an opportunity to be heard, or just compensation, which are fundamental requirements of procedural due process.

• Scenario 3 (Citizenship Clause): A child is born in a hospital in Arizona to parents who are visiting the United States on temporary work visas and are not U.S. citizens. The state of Arizona attempts to deny the child a birth certificate or access to public education, arguing that the child is not a U.S. citizen. This scenario directly implicates the Citizenship Clause of the Fourteenth Amendment. Because the child was born within the territorial jurisdiction of the United States, they are automatically a U.S. citizen, regardless of their parents' citizenship status. The state cannot deny the child the rights and recognition that come with this birthright citizenship.