Fourteenth Amendment - U.S. Constitution

Fourteenth Amendment - Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection

Amendment Text | Annotations

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.

14th Amendment Annotations

• Section 1. Rights Guaranteed
• Citizens of the United States
• Privileges and Immunities
• Due Process of Law
  • The Development of Substantive Due Process
    • ''Persons'' Defined
    • Police Power Defined and Limited
    • ''Liberty''
  • Liberty of Contract
    • Regulatory Labor Laws Generally
    • Laws Regulating Hours of Labor
    • Laws Regulating Labor in Mines
    • Laws Prohibiting Employment of Children in Hazardous Occupations
    • Laws Regulating Payment of Wages
    • Minimum Wage Laws
    • Workers' Compensation Laws
    • Collective Bargaining
  • Regulation of Business Enterprises: Rates, Charges, and Conditions of Service
    • ''Business Affected With a Public Interest''
    • Nebbia v. New York
  • Judicial Review of Publicly Determined Rates and Charges
    • Development
    • Limitations on Judicial Review
    • The Ben Avon Case
    • History of the Valuation Question
  • Regulation of Public Utilities (Other Than Rates)
    • In General
    • Compulsory Expenditures: Grade Crossings, and the Like
    • Compellable Services
    • Safety Regulations Applicable to Railroads
    • Statutory Liabilities and Penalties Applicable to Railroads
  • Regulation of Corporations, Business, Professions, and Trades
    • Corporations
    • Business in General
    • Laws Prohibiting Trusts, Discrimination, Restraint of Trade
    • Laws Preventing Fraud in Sale of Goods and Securities
    • Banking, Wage Assignments and Garnishment
    • Insurance
    • Miscellaneous Businesses and Professions
  • Protection of State Resources
    • Oil and Gas
    • Protection of Property and Agricultural Crops
    • Water
    • Fish and Game
  • Ownership of Real Property: Limitations, Rights
    • Zoning and Similar Actions
    • Estates, Succession, Abandoned Property
  • Health, Safety, and Morals
    • Safety Regulations
    • Sanitation
    • Food, Drugs, Milk
    • Intoxicating Liquor
    • Regulation of Motor Vehicles and Carriers
    • Protecting Morality
  • Vested Rights, Remedial Rights, Political Candidacy
  • Control of Local Units of Government
  • Taxing Power
    • Generally
    • Public Purpose
    • Other Considerations Affecting Validity: Excessive Burden; Ratio of Amount Of Benefit Received
    • Estate, Gift and Inheritance Taxes
    • Income Taxes
    • Franchise Taxes
    • Severance Taxes
    • Real Property Taxes
  • Jurisdiction to Tax
    • Sales/Use Taxes
    • Land
    • Tangible Personalty
    • Intangible Personalty
    • Transfer (Inheritance, Estate, Gift) Taxes
    • Corporate Privilege Taxes
    • Individual Income Taxes
    • Corporate Income Taxes: Foreign Corporations
    • Insurance Company Taxes
  • Procedure in Taxation
    • Generally
    • Notice and Hearing in Relation to Taxes
    • Notice and Hearing in Relation to Assessments
    • Collection of Taxes
    • Sufficiency and Manner of Giving Notice
    • Sufficiency of Remedy
    • Laches
  • Eminent Domain
  • Substantive Due Process and Noneconomic Liberty
    • Abortion
    • Privacy: Its Constitutional Dimensions
    • Family Relationships
    • Liberty Interests of Retarded and Mentally Ill: Commitment and Treatment
    • ''Right to Die''
• Procedural Due Process: Civil
  • Some General Criteria
    • Ancient Use and Uniformity
    • Equality
    • Due Process, Judicial Process, and Separation of Powers
  • Power of the States to Regulate Procedure
    • Generally
    • Commencement of Actions
    • Pleas in Abatement
    • Defenses
    • Amendments and Continuances
    • Costs, Damages, and Penalties
    • Statutes of Limitation
    • Evidence and Presumptions
    • Jury Trials
    • Appeals
  • Jurisdiction
    • Generally
    • In Personam Proceedings Against Individuals
    • Suability of Foreign Corporations
    • Actions in Rem: Proceedings Against Property
    • Actions in Rem: Attachment Proceedings
    • Actions in Rem: Estates, Trusts, Corporations
    • Notice: Service of Process
  • The Procedure Which Is Due Process
    • The Interests Protected: Entitlements and Positivist Recognition
    • Proceedings in Which Procedural Due Process Must Be Observed
    • When Is Process Due
    • The Requirements of Due Process
• Procedural Due Process: Criminal
  • Generally
  • The Elements of Due Process
    • Clarity in Criminal Statutes: The Void-for-Vagueness Doctrine
    • Other Aspects of Statutory Notice
    • Entrapment
    • Criminal Identification Process
    • Initiation of the Prosecution
    • Fair Trial
    • Guilty Pleas
    • Prosecutorial Misconduct
    • Proof, Burden of Proof, and Presumptions
    • Sentencing
    • The Problem of the Incompetent or Insane Defendant or Convict
    • Corrective Process: Appeals and Other Remedies
    • Rights of Prisoners
    • Probation and Parole
    • The Problem of the Juvenile Offender
    • The Problem of Civil Commitment
• Equal Protection of the Laws
• Scope and Application
  • State Action
  • ''Persons''
  • ''Within Its Jurisdiction''
• Equal Protection: Judging Classifications by Law
  • Traditional Standard: Restrained Review
  • The New Standards: Active Review
• Testing Facially Neutral Classifications Which Impact on Minorities
• Traditional Equal Protection: Economic Regulation and Related Exercises of the Police Powers
• Taxation
  • Classification for Purpose of Taxation
  • Foreign Corporations and Nonresidents
  • Income Taxes
  • Inheritance Taxes
  • Motor Vehicle Taxes
  • Property Taxes
  • Special Assessment
• Police Power Regulation
  • Classification
• Other Business and Employment Relations
  • Labor Relations
  • Monopolies and Unfair Trade Practices
  • Administrative Discretion
  • Social Welfare
  • Punishment of Crime
• Equal Protection and Race
• Overview
• Education
  • Development and Application of ''Separate But Equal''
  • Brown v. Board of Education
  • Brown's Aftermath
  • Implementation of School Desegregation
  • Northern Schools: Inter- and Intradistrict Desegregation
  • Efforts to Curb Busing and Other Desegregation Remedies
  • Termination of Court Supervision
• Juries
• Capital Punishment
• Housing
• Other Areas of Discrimination
  • Transportation
  • Public Facilities
  • Marriage
  • Judicial System
  • Public Designation
  • Public Accommodations
  • Elections
• Permissible Remedial Utilization of Racial Classifications
• The New Equal Protection
• Classifications Meriting Close Scrutiny
  • Alienage and Nationality
  • Sex
  • Illegitimacy
• Fundamental Interests: The Political Process
  • Voter Qualifications
  • Access to the Ballot
  • Apportionment and Districting
  • Weighing of Votes
• The Right to Travel
  • Durational Residency Requirements
• Marriage and Familial Relations
• Sexual Orientation
• Poverty and Fundamental Interests: The Intersection of Due Process and Equal Protection
  • Generally
  • Criminal Procedure
  • The Criminal Sentence
  • Voting
  • Access to Courts
  • Educational Opportunity
  • Abortion
• Section 2. Apportionment of Representation
• Sections 3 and 4. Disqualification and Public Debt
• Section 5. Enforcement
• Generally
• State Action
• Congressional Definition of Fourteenth Amendment Rights