A portion of the 14th Amendment was changed by the 26th Amendment ISBN 9780313313479. Delaware, February 12, 1901 (after having rejected it on February 8, 1867) [7] Section five means what it says, Congress will enforce the provisions of the 14th amendment.[7]. 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. The History of the Three-Fifths Compromise. Les représentants seront répartis entre les divers États proportionnellement à leur population respective, calculée en comptant tous les habitants de chaque État, à l'exclusion des Indiens, non imposés. Kansas, January 11, 1867 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. Section Five, also known as the Enforcement Clause, grants Congress the power to pass “appropriate legislation” as necessary to enforce all of the amendment's other clauses and provisions. Wisconsin, February 7, 1867 Connecticut was the first state to ratify the 14th Amendment on June 30, 1866. Passed by Congress June 13, 1866. 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. La section 1 donne la citoyenneté à toute personne née ou naturalisée aux États-Unis (donc y compris les anciens esclaves)[12]. 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. Ken Drexler, Reference Specialist, Researcher and Reference Services Division. Elle sanctionne aussi toute éventuelle discrimination, par les États, à l'exercice du droit de vote des hommes de plus de 21 ans. 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. Over time, numerous lawsuits have arisen that have referenced the 14th Amendment. • Bogen, David S. (April 30, 2003). Massachusetts, March 20, 1867 Section 3. The problem was, he did not ask Congress. Although the 14th Amendment was intended to protect the rights of formerly enslaved people, it has continued to play a major role in constitutional politics to this day. West Virginia, January 16, 1867 A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875. Pennsylvania, February 12, 1867 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. Virginia, October 8, 1869 (after having rejected it on January 9, 1867) La dernière modification de cette page a été faite le 12 septembre 2020 à 07:24. [5] The Fourteenth Amendment is cited more often in law suits than any other amendment. Maine, January 19, 1867 After the Fourteenth Amendment's ratification, these protections applied equally against the states. Kentucky, March 18, 1976 (after having rejected it on January 8, 1867). Nul ne sera sénateur ou représentant au Congrès, ou électeur des président et vice-président, ni n'occupera aucune charge civile ou militaire du gouvernement des États-Unis ou de l'un quelconque des États, qui après avoir prêté serment, comme membre du Congrès, ou fonctionnaire des États-Unis, ou membre d'une législature d'État, ou fonctionnaire exécutif ou judiciaire d'un État, de défendre la Constitution des États-Unis, aura pris part à une insurrection ou à une rébellion contre eux, ou donné aide ou secours à leurs ennemis. 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. However, it failed to protect “political” rights, like the right to vote and hold office, or “social” rights guaranteeing equal access to schools and other public accommodations. This page was last changed on 9 July 2020, at 09:08. The dates of ratification were: Section 2. Louisiana, July 9, 1868 (after having rejected it on February 6, 1867) Bush v. Gore (2001) also touched on the equal protection clause when a majority of justices ruled that the partial recount of presidential votes in Florida was unconstitutional because it was not being conducted the same way in all contested locations. Meanwhile, some states still had slavery. As a result of the Civil Rights Cases, while African Americans had been declared legally “free” U.S. citizens by the 14th Amendment, they continue to face discrimination in society, economics, and politics into the 21st century. Maryland, April 4, 1959 (after having rejected it on March 23, 1867) Iowa, March 16, 1868 Section 1. Rhode Island, February 7, 1867 La section 3 rend inéligibles les sécessionnistes. 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. Georgia, July 21, 1868 (after having rejected it on November 9, 1866) The section also guaranteed the right to vote to all male citizens age 21 years or older. The fact that the amendment uses the word "state" in the Privileges and Immunities Clause—along with interpretation of the Due Process Clause—has meant state power and federal power are both subject to the Bill of Rights. [1] The Thirteenth Amendment freed the slaves. [6] To be allowed to hold a federal office, former confederates had to swear an oath to uphold the constitution. The dates of ratification were: It forms the basis for landmark decisions such as Roe v. Wade (1972), and Bush v. Gore (2000). 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. Section 5. The proposal included many of the provisions in the final amendment, including the Equal Protection Clause, the Privileges or Immunities Clause, and the Due Process Clause. Texas, February 18, 1870 (after having rejected it on October 27, 1866) Toute personne née ou naturalisée aux États-Unis, et soumise à leur juridiction, est citoyen des États-Unis et de l'État dans lequel elle réside. Johnson, a Tennessee Democrat and staunch supporter of states’ rights, had clashed repeatedly with the Republican-controlled Congress. Prior to this, African Americans had been under-counted when apportioning representation. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. 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. Oregon, September 19, 1866 (and rescinded its ratification on October 15, 1868) La section 2 modifie le nombre de représentants de chaque État à la Chambre, mettant fin au fameux « compromis des trois-cinquièmes » de 1787. Section Two specifies that the process of apportionment used to fairly distribute seats in the U.S. House of Representatives among the states must be based on the whole population, including formerly enslaved African Americans. Further, the courts have interpreted the word "person" to include corporations. Do Undocumented Immigrants Have Constitutional Rights? En 1971, dans l'arrêt Reed v. Reed (en), la Cour suprême a considéré que les femmes devaient posséder les mêmes droits que les hommes, abolissant ainsi toute forme de discrimination entre les sexes[6],[7],[8],[9] et en 2015, dans l'arrêt Obergefell v. Hodges[10], elle a considéré que cet amendement faisait du mariage homosexuel un droit constitutionnel[11]. In addition, African Americans could be jailed for not being able to repay their debts, leading to racially-discriminating labor practices like the leasing of convicts to private businesses. [4], The second section changed a part of the original Constitution which counted slaves as three-fifths of a person. Privileges and Immunities: A Reference Guide to the United States Constitution. It was declared, in a certificate of the Secretary of State dated July 28, 1868 to have been ratified by the legislatures of 28 of the 37 States. New Hampshire, July 6, 1866 In Plessy v. Ferguson (1898) the Supreme Court ruled that Southern states could enforce racial segregation as long as "separate but equal" facilities existed for Black and white Americans.