{"id":80,"date":"2017-11-17T21:54:09","date_gmt":"2017-11-18T02:54:09","guid":{"rendered":"https:\/\/statutesandstories.com\/blog_html\/?p=80"},"modified":"2018-07-10T13:38:40","modified_gmt":"2018-07-10T17:38:40","slug":"14th-amendment-senate-copy-of-the-statutes-at-large-from-1865-1867","status":"publish","type":"post","link":"https:\/\/www.statutesandstories.com\/blog_html\/14th-amendment-senate-copy-of-the-statutes-at-large-from-1865-1867\/","title":{"rendered":"14th AMENDMENT"},"content":{"rendered":"

14th Amendment – Senate Copy of the Statutes at Large from 1865-1867<\/strong>
\nJoint Resolution 48 proposing the 14th Amendment, June 16, 1866<\/p>\n

The 14th Amendment is now widely recognized as not only one of the most important amendments, but one of the most important provisions in the entire Constitution.<\/p>\n

Section 1 begins by declaring that all persons born or naturalized in the U.S. are citizens of the U.S. and of the state of their residence. This is the first, official, national definition of citizenship. In particular, the broadly written civil rights provisions in the Due Process and Equal Protection clauses provide that no state can abridge the rights of citizens of the United States or \u201cdeprive 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.\u201d The less important and often overlooked Privileges and Immunities clause further provides that no state \u201cshall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.\u201d<\/p>\n

Northern Republicans understood the irony of the Civil War \u2013 that the South stood to gain additional representation in Congress if the original 3\/5th Compromise was repealed. Section 2 thus grew out of an understandable effort to avoid rewarding the South unless it fairly shared the franchise with the newly freed slaves. Section 2 offered the South a choice.<\/p>\n

Section 2 provides that if a state denied the right to vote to any of its adult \u201cmale inhabitants\u201d its representation in the House and the electoral college would be proportionately reduced. The clause has never been invoked. Even today, if a state were found to be suppressing voting, this is a mechanism to penalize the state, separate and\u00a0apart from the statutory enforcement provisions in the Voter Protection Act.<\/p>\n

Interestingly, Section 2 is the first time that the Constitution makes reference to gender. By dealing with voting rights for former slaves but ignoring voting rights for women, the 14th Amendment provoked a strong reaction from the women\u2019s right movement.<\/p>\n

Section 3 is now an obsolete provision disqualifying any person from elected office who had aided the Confederacy during the Civil War, unless and until Congress voted by a 2\/3 margin to remove the disability. Section 4 provided that<\/p>\n

Confederate war debt was null and void, along with claims for emancipated slaves. In Section 5 Congress delegated enforcement powers to Congress.\u00a0Southern states recognized that they would not be admitted into the union \u2013 and\u00a0reconstruction would not end – until they ratified the 14th Amendment. Nevertheless, ten southern states initially and overwhelmingly refused to ratify because of the \u201ccontroversial\u201d nature and stigma of Section 3. President Johnson specifically advised the Southern States to defeat the 14th\u00a0<\/span>Amendment. Tennessee was the only exceptio<\/span>n, gaining quicker re-<\/span>admittan<\/span>ce. This refusal to ratify led to the adoption of t<\/span>he Reconstruction Acts, which among other things required the south to adopt the\u00a014th Amendment to regain representation\u00a0in Congress.<\/p>\n

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14th Amendment – Senate Copy of the Statutes at Large from 1865-1867 Joint Resolution 48 proposing the 14th Amendment, June…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.statutesandstories.com\/blog_html\/wp-json\/wp\/v2\/posts\/80"}],"collection":[{"href":"https:\/\/www.statutesandstories.com\/blog_html\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.statutesandstories.com\/blog_html\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.statutesandstories.com\/blog_html\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.statutesandstories.com\/blog_html\/wp-json\/wp\/v2\/comments?post=80"}],"version-history":[{"count":10,"href":"https:\/\/www.statutesandstories.com\/blog_html\/wp-json\/wp\/v2\/posts\/80\/revisions"}],"predecessor-version":[{"id":3065,"href":"https:\/\/www.statutesandstories.com\/blog_html\/wp-json\/wp\/v2\/posts\/80\/revisions\/3065"}],"wp:attachment":[{"href":"https:\/\/www.statutesandstories.com\/blog_html\/wp-json\/wp\/v2\/media?parent=80"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.statutesandstories.com\/blog_html\/wp-json\/wp\/v2\/categories?post=80"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.statutesandstories.com\/blog_html\/wp-json\/wp\/v2\/tags?post=80"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}