14th Amendment Overview

Overview

This lecture discusses the origins, meaning, and enduring impact of the 14th Amendment, focusing on equal protection, due process, and how interpretations have changed over time.

Origins and Purpose of the 14th Amendment

• The 14th Amendment was adopted after the Civil War to ensure due process and equal protection for all persons.
• The original Constitution lacked an equality provision due to compromises over slavery.
• The Bill of Rights initially only limited federal, not state, power; the 14th Amendment extended protections to actions by state governments.

Equal Protection Clause

• The Equal Protection Clause means no state can deny any person equal protection of the laws.
• Its core principle is human dignity—everyone is entitled to respect and rights regardless of birth status or identity.
• Initially, it was intended to protect newly freed slaves but now applies to all persons.

Due Process Clause

• The Due Process Clause ensures no state can deprive any person of life, liberty, or property without fair procedures (procedural due process).
• It has a substantive side, protecting certain fundamental rights from unreasonable government interference, such as parental choice in education.

Expansion of Rights and Interpretation

• Over time, the 14th Amendment’s protections have broadened to include women, minorities, and other marginalized groups.
• The wording “person” in the Equal Protection Clause has been used to advance gender equality, despite other sections mentioning "male."
• Court cases have eliminated many gender-based legal distinctions, recognizing discrimination can harm men, women, and children.

Changes in Supreme Court Approach

• Early court interpretations limited the amendment’s reach; since the 1970s, courts have enforced broader gender and racial equality.
• Social changes, such as increasing women's participation in the workforce, drove the evolution of legal interpretations.
• The Court reacts to societal shifts rather than creating change on its own initiative.

Racial Discrimination and Notable Cases

• Dred Scott v. Sandford (pre-Civil War) held that slaves could never be citizens.
• Plessy v. Ferguson (1896) upheld “separate but equal,” allowing segregation.
• Brown v. Board of Education (1954) overturned Plessy, declaring segregation unconstitutional and affirming true equality.

The Equal Rights Amendment (ERA)

• The ERA sought to guarantee equality regardless of sex but was never ratified.
• Supporters argue the Constitution should explicitly state equal rights for men and women as a symbolic and substantive guarantee.

Key Terms & Definitions

• 14th Amendment — Constitutional amendment securing due process and equal protection for all persons from states.
• Equal Protection Clause — Part of the 14th Amendment; no state may deny any person equal protection under the law.
• Due Process Clause — Part of the 14th Amendment; no state may deprive anyone of life, liberty, or property without fair legal procedures.
• ERA (Equal Rights Amendment) — Proposed amendment to guarantee equality regardless of sex (not ratified).

Action Items / Next Steps

• Review major court cases: Dred Scott, Plessy v. Ferguson, Brown v. Board of Education, Weinberger v. Wiesenfeld.
• Reflect on how the interpretation of "equal protection" and "due process" has changed over time.
• Research the current status of the Equal Rights Amendment.