The Civil War Amendments Clauses of the 14th Amendment

13th Amendment “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” Eliminates slavery in the United States Passed in Congress: January 1865 Ratified by States: December 1865

14th Amendment SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive 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.

14th Amendment Due Process Clause Equal Protection Clause No person can have their rights denied or violated without first obtaining due process Violations of due process are not to be tolerated by the law Extends rights protected in the Constitution to ALL American citizens ALL American citizens are to be granted the same legal protections and treated the same in the eyes of the law

14th Amendment Incorporation Clause All states must abide by federal rulings and legislations Includes protections that are guaranteed in the Bill of Rights and subsequent Amendments

15th Amendment “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.” Ratified: February 1870 Grants ALL American citizens the right to vote Circumvented by many states for decades Poll Taxes Literacy Tests Grandfather Clauses

Historical Implications and Applications Plessy v. Ferguson (1896) Homer Plessy was arrested when he sat in the “White” section of a train car in Louisiana; identified himself as a “Creole of Color” when questioned about his seat Had been in response to Louisiana law called the “Separate Train Act” Appealed to the Supreme Court using 13th and 14th Amendments as justification Supreme Court ruled that “Separate but Equal Facilities” are permissible under these amendments Legalized segregation Provided legal power for Jim Crow Laws in the South

Historical Implications and Applications Jim Crow Laws Laws that provided a legal basis for racial segregation Gain power from “Separate but Equal” doctrine permitted under Plessy ruling Used primarily in southern states Separate facilities for both public and private items Schools Transportation Water Fountains Parks Military Units

Historical Implications and Applications Brown v. Board of Education of Topeka, Kansas (1954) Challenged the Constitutionality of segregated schooling and the “Separate but Equal” doctrine approved in Plessy decision Used 14th Amendment as justification – separate facilities are unequal and therefore violate the Equal Protection Clause “We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal. . .“ – Chief Justice Earl Warren

Historical Implications and Applications Voting Rights Act of 1965 Sec. 2 – “No voting qualification or prerequisite to voting…shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color” Sec. 4 – “…no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State…” Demonstration of ability to read, write, understand or interpret any matter Educational achievement or knowledge of a particular subject Possess good moral character Prove his qualifications

Historical Implications and Applications Voting Rights Act of 1965 (con’t) Sec. 10 – “…the requirement of the payment of a poll tax…precludes persons of limited means from voting…does not bear a reasonable relationship…in the conduct of voting…and in some areas has the purpose or effect of denying persons the right to vote because of race or color…”