Section 1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Section 4 makes two primary claims. First, the “public debt of the United States,” often referred to as the “national debt,” is real, legitimate, and “shall not be questioned.” That is to say, the federal government is responsible for any debt it accrues and must recognize and pay the debt, including the wartime debt the government accrued during the Civil War. Second, the federal government will not help pay the debt of any party engaged in “insurrection or rebellion.” This is also a measure motivated by the Civil War. The South accrued a great deal of debt, having borrowed from both France and Great Britain. Section 4 relieved the federal government of any obligation to pay off the debts of the Confederacy because it was a rebellious cause.
Section 3 of the amendment was motivated by the continued tensions between Union and former Confederate politicians after the end of the Civil War. Republican lawmakers sought to bar ex-Confederates—all of whom had “engaged in insurrection”—from participating in the federal government in any capacity. However, recognizing the possibility that a former rebel might usefully serve the government, the lawmakers included a clause by which “two-thirds of each House” can vote to make an exception.
The phrase “excluding Indians not taxed” appears in both Article I of the Constitution and the Fourteenth Amendment, always in regards to census data. However, the phrase is not defined in these documents. The phrase was also used in federal census-taking instructions throughout much of the 19th century, but was only first explicitly defined in 1880. As the 1880 instructions state, “by the phrase ‘Indians not taxed’ is meant Indians living on reservations under the care of Government agents, or roaming individually, or in bands, over unsettled tracts of country.” The purpose of the clause is to exclude Native Americans—specifically those living under their own laws and regulations—from the count of American voters.
In the wake of the Civil War, federal lawmakers had to decide how to establish the system of voting in the South. The primary point of concern was that, according to the Constitution, each slave was considered three-fifths of a citizen; therefore slaves contributed fewer numbers to the population data that determined the degree of federal representation each state would receive. Population count determined the number of electors and representatives in each state. The North worried that, with former slaves now counting as full citizens, the South would expand in their federal influence without actually allowing African Americans to vote. This section is designed to prevent such an outcome. It stipulates that all non-criminal adult men must be given the right to vote. As an enforcement measure, the amendment rules that the number of eligible men disenfranchised—or blocked from voting—in a given state will be removed from that state’s voting body, thereby causing the state to lose electoral votes, congressional seats, and, thus, federal representation.
By protecting the “life liberty, or property” of American citizens, the Fourteenth Amendment builds on a long intellectual tradition. The phrase was devised in 1689 by John Locke in his Second Treatise of Government. American politicians, continually influenced by Locke’s liberal political philosophy, have borrowed the phrase in such key documents as The Declaration of Independence and The Bill of Rights. This known as the “due process of law” clause, for only after “due process of law” may a citizen’s rights be removed. This phrase refers to the proper processing of lawbreakers, whose rights may be removed if they have committed crimes and received a legal trial and sentencing.
The verb “abridge” means to “lessen” or “shorten.” The word can be traced back to the Latin abrevio, which means “to make brief.” In this context, the amendment prevents the states from removing or diminishing the rights of citizens.
This phrase has become critical to the legal application of the amendments in the Bill of Rights. Before the Fourteenth Amendment, the rights offered by the amendments could only be ensured in federally enforced settings. The states could effectively overwrite the amendments with their own laws. This particular clause in the Fourteenth Amendment put an end to any ambiguity regarding the status of the amendments: all amendments apply to all Americans and cannot be revoked by state laws.
The noun “jurisdiction” refers to the exercising of judicial and legal authority. The word derives from the Latin roots juris, meaning “law,” and dicere, meaning “to say”—thus the most essential meaning of “jurisdiction” is “declaration of law.” To be “subject to the jurisdiction” of the United States is to be subject to the nation’s laws and law enforcement.
The first section of the amendment officially grants citizenship to “all persons born or naturalized in the United States.” This is commonly referred to as the Citizenship Clause. “Naturalized” people are foreigners who have applied for and attained American citizenship. To “naturalize”—a verb derived from French—essentially means “to make native.” This clause is crucial in that it defines who receives citizenship status. Because anyone born in the US is automatically a citizen, the vast majority of freed slaves are recognized as citizens under this amendment.
Section five of the Fourteenth Amendment provides Congress the power of enforcement. This section first appeared in the Thirteenth Amendment, which ended the institution of slavery and involuntary servitude. Congress included it in both cases to provide itself with the necessary capacity to enforce the Constitutional Amendments. Congress’s steps towards ratifying the Fourteenth Amendment are an example of the Congressional power of enforcement in action: since the former Confederate states continued to restrict the freedoms of African Americans, Congress passed the Civil Rights Act of 1866 and the Reconstruction Acts of 1867 and 1868 in order to leverage more support for the ratification of the Fourteenth Amendment.
The noun “void” generally refers to an absence or nothingness. As an adjective in legal and financial contexts, it acquires a more refined definition: if something is void, it has no binding, legal force, making it invalid or ineffectual.
The noun “insurrection” refers to an act of rebellion, such as an armed uprising, a revolt, or any other instance of open resistance against an established authority. The inclusion of “insurrection” and “rebellion” expands the scope of section 3 to include any offenses made against the United States. This section gave Congress broad power to be highly selective of the former Confederates who could serve in elected office.
In the debate over African American suffrage, many advocates for women’s suffrage saw an opportunity to give the vote to all Americans, regardless of gender. For example, at the 1848 Seneca Falls Convention on women's rights, leading abolitionist Frederick Douglass gave his support to Elizabeth Cady Stanton’s resolution calling for voting rights for women. However, the inclusion of the adjective “male” dashed any hopes of women acquiring the right to vote at that time. The suffragist movement continued until the states ratified the Nineteenth Amendment on August 18th, 1920.
This exception provides an exception to a citizen’s voting rights: committing crimes or participating in rebellion revokes an individual’s voting rights. To this day, those convicted of felonies cannot vote while in prison, on parole, or on probation. This practice is known as disenfranchisement and is generally regulated at the state level.
Twenty-one remained the legal voting age until the ratification of the Twenty-sixth Amendments to the US Constitution on July 1st, 1971. The original rationale for Twenty-one as the legal voting age likely stems from the recognized age of majority—when someone becomes a legal adult—in the 18th century, which for many European nations was twenty-one.
Article V of the US Constitution prescribes how the government may add amendments to the Constitution. Two-thirds of the House of Representatives and the Senate must approve the amendment before it can be sent to state legislatures for ratification. The ratification of the Fourteenth Amendment was highly contested: President Andrew Johnson advised the Southern states to reject the amendment since Congress had a veto-proof majority; the former Confederate states, except for Tennessee, outright refused to ratify the amendment. During the two years it took to ratify the Fourteenth Amendment, Congress took additional legislative action, such as passing the Reconstruction Acts, to curtail the effects of the Southern “black codes.”