The Fourteenth Amendment, adopted in 1868, is one of the three amendments ratified during the period after the abolishment of slavery. The Amendment gave the federal government power to punish states for violating the voting rights all citizens possessed regardless of their race and status (History.com Editors). The draft of the Fourteenth Amendment was introduced in 1866 after the adoption of black codes by former Confederate leaders. These legal documents oppressed the black citizens in southern states and violated their rights granted by the Thirteenth Amendment on the full liquidation of slavery. Though the ratification of the Fourteenth Amendment was a long-lasting and difficult process, the significance of this document for the US legal system is immeasurable. The law expanded the rights and freedoms of all American citizens and gave them protection from the abuse of power from both state and federal governments.
The adoption of the Fourteenth Amendment was accompanied by several difficulties and obstacles since President Johnson, who came to power after the assassination of Abraham Lincoln in 1865, was against its ratification. That is why in 1866, he vetoed the draft of the Civil Rights Act, which was the prerequisite for the Amendment, but Congress overrode the veto (History.com Editors). It was the first time when Congress had made such a decision, but both Democrats and some Republicans understood the importance of the new Amendment for the new legislation. However, both the President and some southern states resisted the adoption of the Fourteenth Amendment though it was approved by Congress. As a result, the Amendment was ratified in July 1868 and gave way for further changes in the US legislative system.
As it was already mentioned, the major benefit of the Fourteenth Amendment was the guarantee of major rights and freedoms to all American citizens. Thus, the law prohibited both state and federal governments from depriving people of life, liberty, and property without any legal justification and compliance with all the measures dictated by law (History.com Editors). The aim of this part of the Fourteenth Amendment was to stop discrimination against black citizens, so very soon, it became the major legal source applied in civil rights cases.
The second part of the Fourteenth Amendment finally equated formerly enslaved Americans to a whole person, as in the original Constitution, they were counted as three-fifths of a person. After slavery was outlawed after the adoption of the Thirteenth Amendment in 1865, all people were formally considered free and equal in rights. However, only three years after, in 1868, the Fourteenth Amendment finally granted the right to be considered a whole person to all American citizens regardless of their race and social status (History.com Editors). The third part of the Amendment prohibited those who were engaged in any rebellion or insurrection from holding office in any legal institution. It stated that two-thirds votes in Congress were needed to let the officials who participated in a rebellion restore their legal rights and hold their posts either in the government or military institutions. The fourth part of the Amendment banned the payment of any debts to the non-existing Confederate States and former enslavers for the loss of the enslaved people (History.com Editors). Finally, the fifth section empowered Congress to observe and protect the crucial statements of the Amendment.
The historical impact of the Fourteenth Amendment is significant and undeniable. Its adoption influenced all the spheres of life of American society, but mostly in the areas of criminal jurisdiction and civil rights. Though the Amendment was not widely used by the US courts until the 1920th, it became one of the major means of legal protection for black Americans (History.com Editors). When speaking about the most famous court cases of the 20th century where the Fourteenth Amendment was applied, it is worth mentioning Brown versus Board of Education which took place in 1954. The Supreme Court, in this case, successfully applied the Amendment to overturn the doctrine of the establishment of segregated public schools (History.com Editors). The Court stated that schools of this type significantly violate the first section of the Amendment on equal rights and protections granted to all American citizens regardless of their race. There were a lot of other cases of the successful application of the Fourteenth Amendment in courts, such as the one on interracial marriage in 1967, abortion in1973, gun rights in 2010th, and many others.
Thus, the Fourteenth Amendment made a fundamental change in the US legislative system as it obliged the officials at all levels to respect the rights and freedoms of every US citizen. Moreover, the law became the first legal document entitled to stop the racist policies of the US legal institutions and police, in particular. The Fourteenth Amendment, in fact, promoted the idea that the violence against black people should stop. Its adoption showed the American society that the inviolability of life, freedom, and property belong to the category of fundamental rights every human being should possess regardless of their race and origin.
The story of the adoption of the Amendment shows that the social and legal authorities supported its approbation. In 1866 when the bill was first introduced and given to the Congress for either approval or disapproval, the degree of police violence against formerly enslaved people had significantly increased (Gans). The situation escalated when the Amendment was approved in the first reading, and it showed Congress the importance of the law and the necessity of its adoption for society’s general well-being.
Though the ratification of the Fourteenth Amendment did not liquidate the abuse of power in legal institutions even today, it gave the Supreme Court a source to rely on when solving criminal and civil cases. It also displayed to society the impermissibility of violation of fundamental rights every person possesses. The Amendment, thus, serves as a means of regulation of the unsanctioned inequality and violence that exist in the American society even now, though their degree is far less than it was several centuries ago.
The history of the Fourteenth Amendment may be crucial for understanding its true value and benefit for the American society, as well as the difficulties the legal system may encounter when observing the law. However, the juridical system needs to rely on the Fourteenth Amendment more often to show people that nobody, including the legal or military institutions, has the authority to violate anyone’s fundamental rights and freedoms. It will help the general citizens, and the officials as well understand the importance and inviolability of their rights. Thus, this law should be observed by every official at all levels because it is the only way to let the citizens feel safe and secure in their country.
Works Cited
Gans, David H. “The 14th Amendment Was Meant to Be a Protection Against State Violence”. The Atlantic, 2020.
History.com Editors. “14th Amendment.” History.com, 2021.