Questions about Fourteenth Amendment to the United States Constitution

Short answers, pulled from the story.

When was the Fourteenth Amendment to the United States Constitution passed by Congress?

Both houses of Congress passed a concurrent resolution requesting President Andrew Johnson to transmit the Fourteenth Amendment proposal on the 18th of June 1866. The amendment followed the veto of the Civil Rights Act of 1866 which occurred on the 27th of March 1866.

What does the Citizenship Clause of the Fourteenth Amendment state about birthright citizenship?

The Citizenship Clause constitutionalized the grant of citizenship to all born within the United States regardless of race or prior enslavement. This clause applies except to children of foreign diplomats and was confirmed for non-citizen immigrant parents in United States v. Wong Kim Ark decided in 1898.

How did the Supreme Court interpret the Due Process Clause regarding privacy rights in the 20th century?

The Supreme Court elevated privacy to a fundamental right protecting contraceptive sales in Griswold v. Connecticut decided in 1965. Later rulings protected consensual sex in Lawrence v. Texas decided in 2003 and same-sex marriage in Obergefell v. Hodges decided in 2015 under substantive due process before abortion rights were overturned in Dobbs v. Jackson Women's Health Organization decided in 2022.

Which clauses of the Bill of Rights have been incorporated against the states through the Fourteenth Amendment?

The Supreme Court applied the Fifth Amendment's Takings Clause to state governments under the Due Process Clause in Chicago, Burlington & Quincy Railroad Co. v. City of Chicago decided in 1897. The court has explicitly rejected incorporation of the Fifth Amendment's Grand Jury Clause and Seventh Amendment while never addressing the Third Amendment.

What is the Insurrection Clause of the Fourteenth Amendment and how does it disqualify candidates?

The Insurrection Clause disqualifies candidates for state or federal offices if they previously took an oath to support the Constitution but then engaged in insurrection or rebellion against the United States. Congress established the Joint Committee on Reconstruction to address readmitting Confederate states and used Section 5 enforcement powers to remove disqualified individuals from political offices.