The 14th Amendment:
A Legacy of Emancipation and Birthright Citizenship
In July 1868, the ratification of the 14th Amendment transformed the nature of American citizenship, securing birthright citizenship and equal protection under the law for all persons born in the United States. The journey to this historic constitutional change was forged through the struggle for emancipation, the resistance to Black freedom, and the legal battles of Reconstruction.
To fully grasp the significance of the 14th Amendment, we must first examine the historical backdrop of the Civil War and the legal evolution that led to its adoption.
The Civil War and the Contraband Question
Reconstruction and the Birth of the 14th Amendment
The period following the Civil War, known as Reconstruction, was marked by intense debates over the legal and political status of the formerly enslaved population. Southern states, under President Andrew Johnson’s lenient Reconstruction policies, sought to maintain white supremacy through “Black Codes”—laws designed to restrict the rights and freedoms of African Americans. These state laws denied Black individuals the ability to vote, serve on juries, and enjoy equal protection under the law.
In response, Congressional Republicans, led by the Radical Republicans, took decisive action to secure civil rights for freedmen. The Civil Rights Act of 1866, passed over President Johnson’s veto, declared all persons born in the United States as national citizens, regardless of race. This legislation directly challenged the infamous Dred Scott v. Sandford, 60 U.S. 393 (1857), which had denied citizenship to Black Americans.
To ensure its permanence, Congress drafted the 14th Amendment, which was sent to the states for ratification in 1866.
The amendment, ratified on July 9, 1868, established that:
1. All persons born or naturalized in the United States are citizens of both the nation and their respective states.
2. No state may deny any person within its jurisdiction equal protection under the law.
3. No state shall deprive any person of life, liberty, or property without due process of law.
4. Individuals who had engaged in rebellion against the U.S. government were barred from holding public office unless granted congressional approval.
5. The U.S. government refused to assume Confederate debts or compensate former slaveholders for the loss of enslaved people.
Resistance and Legacy
Despite its ratification, the 14th Amendment faced immediate resistance from Southern states and former Confederates, many of whom sought to undermine Black citizenship through intimidation, legal loopholes, and outright violence. The emergence of white supremacist groups like the Ku Klux Klan, coupled with Supreme Court rulings that limited the amendment’s reach (e.g., the Slaughter-House Cases, 1873), revealed the ongoing battle for racial justice in America.
Yet, the principles of the 14th Amendment endured and became a cornerstone of American constitutional law. In the 20th century, the amendment played a vital role in landmark civil rights cases, including Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), which overturned racial segregation, and Obergefell v. Hodges, 576 U.S. 644 (2015), which secured marriage equality. Birthright citizenship remains a defining feature of American identity, reaffirming the nation’s commitment to inclusion despite continued debates over immigration and nationality.
CONCLUSION
The 14th Amendment was born out of the moral and political struggles of the Civil War and Reconstruction. African American activists, Radical Republicans, and abolitionists shaped its principles, ensuring that the promise of freedom extended to all individuals born in the United States. More than 150 years later, the amendment remains a beacon of justice, reminding the nation of its ongoing responsibility to uphold equal rights for all citizens. As national debates continue over immigration, voting rights, and racial justice, the legacy of the 14th Amendment proves more relevant than ever.
Written by: Neal Baker
Neal M. Baker has been a member of the Kentucky Bar since October 2021. He earned his law degree, Cum Laude, from the University of Louisville Brandeis School of Law. Prior to law school, Neal obtained a Master’s degree in history from the University of Memphis in 2014 and taught history in Phoenix, AZ before returning to Louisville for law school. Neal served as a Judicial Staff Attorney and an Assistant Commonwealth’s Attorney for the 14th Judicial Circuit before joining Barrow Brown Carrington, PLLC, where he now focuses on family law in the Lexington, KY office and serves clients in Central and Eastern Kentucky.
Learn more about Neal here.
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