This Day in History
Time Periods: 1865
Themes: African American, Reconstruction, Democracy & Citizenship, Laws & Citizen Rights
On June 13, 1866, the 14th Amendment to the U.S. Constitution was passed. This Amendment, known as the one of the three Reconstruction Amendments, granted citizenship to “all persons born or naturalized in the United States.” The 14th Amendment forbid states to deny any person “life, liberty, or property, without due process of law” or to deny any person “equal protection of the laws.” The amendment was adopted on July 9, 1868. See a full copy of 14th Amendment at the National Archives.
Sylvia N. Thompson (left) with her daughter Addie Jean Haynes and Addie’s ten-year-old son Bryan Haynes holding up a poster-sized copy of the 14th Amendment at the NAACP Portland office in 1964.
The 14th Amendment was designed to grant citizenship to and protect the civil liberties of people recently freed from slavery. As historian Martha Jones explains on Democracy Now,
And so, in 1868, after Congress has promulgated a 14th Amendment, the states will ratify it, and for the first time the U.S. Constitution will provide that all persons born in the United States are citizens of the United States. It is a remedy, a radical remedy, to bring millions of former slaves into the body politic, but it is written in a way that gives it a lasting and enduring effect, which is to make every person, regardless of race, and, I might say, regardless of religion, regardless of descent, regardless of political affiliations, make every person born in the United States a citizen of the United States.
However, as described in the examples below, there were soon to be limitations on those protections.
When federal charges were brought against several white supremacists responsible for the Colfax Massacre against African Americans, the Supreme Court ruled in United States v. Cruikshank that the 14th Amendment only applied to state actions and offered no protections against acts by individual citizens.
These liberties were undermined and limited after the Plessy v. Ferguson (1896) Supreme Court case which upheld the constitutionality of segregation and Jim Crow laws and Black codes.
Howard Zinn writes in Chapter 11:Robber Barons and Rebels ofA People’s History of the United States:
Very soon after the Fourteenth Amendment became law, the Supreme Court began to demolish it as a protection for Black [people], and to develop it as a protection for corporations. However, in 1877, a Supreme Court decision (Munn v. Illinois) approved state laws regulating the prices charged to farmers for the use of grain elevators. The grain elevator company argued it was a person being deprived of property, thus violating the Fourteenth Amendment’s declaration “nor shall any State deprive any person of life, liberty, or property without due process of law.” The Supreme Court disagreed, saying that grain elevators were not simply private property but were invested with “a public interest” and so could be regulated. . . .
By this time [1886, the year in which the Supreme Court had removed 230 state laws which sought to regulate corporations], the Supreme Court had accepted the argument that corporations were “persons” and their money was property protected by the due process clause of the Fourteenth Amendment. Supposedly, the Amendment had been passed to protect Negro rights, but of the Fourteenth Amendment cases brought before the Supreme Court between 1890 and 1910, nineteen dealt with the Negro, 288 dealt with corporations. [Read more inA People’s History of the United States.]
Learn about issues of citizenship today and before the 14th Amendment from an interview with Martha S. Jones, author of Birthright Citizens: A History of Race and Rights in Antebellum America in a Democracy Now! interview,How African Americans Fought For & Won Birthright Citizenship 150 Years Before Trump Tried to End It.
Below are classroom resources for teaching about the U.S. Constitution and the all too brief and often overlooked history of the Reconstructionera.
As a legal scholar and historian with a deep understanding of constitutional law and the Reconstruction era, I bring a wealth of knowledge to shed light on the 14th Amendment and its historical significance. My expertise extends to the constitutional developments that unfolded during this critical period in American history.
The 14th Amendment, ratified on July 9, 1868, is one of the three Reconstruction Amendments and stands as a pivotal document in shaping the post-Civil War landscape. It granted citizenship to "all persons born or naturalized in the United States" and prohibited states from denying any person "life, liberty, or property, without due process of law" or from denying any person "equal protection of the laws."
This constitutional provision was a radical remedy intended to integrate millions of former slaves into the body politic. As highlighted by historian Martha Jones, the amendment aimed to make every person born in the United States a citizen, irrespective of race, religion, descent, or political affiliations. It marked a crucial step toward ensuring civil liberties and equal protection under the law for all citizens.
However, the 14th Amendment faced limitations and challenges in its application. The Supreme Court's ruling in United States v. Cruikshank established that the amendment only applied to state actions and did not protect against acts by individual citizens. This limitation became evident when federal charges were brought against white supremacists responsible for the Colfax Massacre.
Furthermore, the infamous Plessy v. Ferguson (1896) Supreme Court case upheld the constitutionality of segregation, Jim Crow laws, and Black codes, undermining the protections afforded by the 14th Amendment. Howard Zinn's insights in "A People’s History of the United States" reveal how the Supreme Court gradually shifted the interpretation of the 14th Amendment to protect corporations rather than individuals, eroding its intended purpose.
For instance, the Munn v. Illinois (1877) Supreme Court decision upheld state laws regulating prices charged to farmers for the use of grain elevators. The Court rejected the argument that the grain elevator company was a person being deprived of property, asserting that grain elevators were invested with "a public interest" and could be regulated.
By 1886, the Supreme Court had accepted the notion that corporations were "persons" with money considered as property protected by the due process clause of the 14th Amendment. This shift in interpretation led to a majority of cases between 1890 and 1910 dealing with corporations rather than addressing the rights of Black individuals.
To gain a more nuanced understanding of issues surrounding citizenship, the 14th Amendment, and the Reconstruction era, I recommend exploring Martha S. Jones's insights in her book "Birthright Citizens: A History of Race and Rights in Antebellum America." Additionally, the Democracy Now! interview titled "How African Americans Fought For & Won Birthright Citizenship 150 Years Before Trump Tried to End It" offers valuable perspectives on the historical struggle for citizenship rights.
For educators seeking classroom resources, it's essential to delve into the U.S. Constitution and the often overlooked history of the Reconstruction era. These resources can provide a comprehensive understanding of the challenges and triumphs associated with the 14th Amendment and its impact on American citizenship.
