9.1 Fourteenth Amendment and incorporation doctrine

The Fourteenth Amendment revolutionized American civil rights, expanding citizenship and protecting individual liberties. It introduced key clauses like due process and equal protection, which became cornerstones of civil rights litigation and the incorporation doctrine.

This amendment's impact was far-reaching, influencing desegregation, voting rights, and privacy laws. It shifted the balance of power between federal and state governments, giving Congress more authority to protect individual rights and laying the groundwork for landmark civil rights legislation.

The Fourteenth Amendment: Provisions and Impact

Key provisions of Fourteenth Amendment

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• Citizenship Clause defined citizenship for all persons born or naturalized in US overturned Dred Scott v. Sandford decision (birthright citizenship)
• Due Process Clause prohibited states from depriving life, liberty, or property without due process formed basis for incorporation doctrine (Miranda rights)
• Equal Protection Clause required states to provide equal protection to all persons laid foundation for civil rights litigation (Brown v. Board of Education)
• Privileges or Immunities Clause protected citizens' rights from state infringement initially limited by Slaughter-House Cases decision (right to travel)
• Enforcement Clause granted Congress power to enforce amendment through legislation (Voting Rights Act of 1965)

Incorporation doctrine for Bill of Rights

• Incorporation doctrine applied Bill of Rights protections to state governments expanded federal protection of individual rights
• Selective incorporation approach incorporated rights on case-by-case basis allowed gradual expansion of protections
• Key cases developed incorporation doctrine:
  1. Gitlow v. New York (1925) incorporated First Amendment freedom of speech
  2. Near v. Minnesota (1931) applied First Amendment freedom of press
  3. Gideon v. Wainwright (1963) established Sixth Amendment right to counsel
• Due Process Clause used to apply Bill of Rights to states expanded scope of Fourteenth Amendment
• Unincorporated rights remained:
  • Third Amendment (quartering of soldiers)
  • Fifth Amendment grand jury indictment clause
  • Seventh Amendment civil jury trial right

Impact on civil rights and liberties

• Federal power over states expanded increased protection of individual rights (Civil Rights Act of 1964)
• Civil rights legislation gained constitutional basis enabled passage of landmark laws (Voting Rights Act of 1965)
• Desegregation cases overturned "separate but equal" doctrine (Brown v. Board of Education, 1954)
• Voting rights protections strengthened struck down discriminatory practices (Harper v. Virginia Board of Elections, 1966)
• Marriage equality established struck down discriminatory marriage laws (Loving v. Virginia, 1967; Obergefell v. Hodges, 2015)
• Criminal procedure protections enhanced established Miranda rights (Miranda v. Arizona, 1966)
• Privacy rights recognized established right to privacy in personal matters (Griswold v. Connecticut, 1965)

Historical context of Fourteenth Amendment

• Post-Civil War Reconstruction era addressed citizenship and rights of former slaves aimed to rebuild and reunify nation
• Response to Black Codes countered Southern laws restricting freed slaves' rights (vagrancy laws, apprenticeship requirements)
• Overturned Dred Scott decision rejected notion that African Americans could not be citizens affirmed citizenship for all born in US
• Ensured civil rights for freed slaves provided constitutional protection against state discrimination (right to own property, enter contracts)
• Shifted federal-state power balance increased federal government's role in protecting individual rights expanded Congressional authority
• Congressional debate and ratification process completed in 1868 after contentious debate faced opposition from some states
• Southern states initially resisted ratification reflected ongoing tensions post-Civil War (Georgia, North Carolina, South Carolina initially rejected)
• Connected to other Reconstruction Amendments:
  • Thirteenth Amendment abolished slavery (1865)
  • Fifteenth Amendment granted voting rights regardless of race (1870)