Scholars Edition: Jeffrey Rosen, 14th Amendment

Summary

This video discusses the significance of the 14th Amendment in American constitutional history. It highlights its three major clauses: the Privileges or Immunities Clause, the Due Process Clause, and the Equal Protection Clause. These provisions ensure fundamental rights, including those not explicitly written in the original Constitution, and protect all persons, citizens and non-citizens alike. The video explores key Supreme Court cases, such as Brown v. Board of Education, and invites viewers to consider debates over substantive due process and equality under the law.

Takeaways

• 📜 The 14th Amendment is a crucial part of the U.S. Constitution, helping fulfill the promise of equality made by the Declaration of Independence.
• ⚖️ The amendment includes three key clauses: the Privileges or Immunities Clause, the Due Process Clause, and the Equal Protection Clause.
• 🛡️ The Privileges or Immunities Clause was intended to protect fundamental rights from being infringed by states, but was weakened by the Supreme Court in the Slaughterhouse Cases.
• 🗣️ The Due Process Clause ensures that no person (citizen or alien) can be deprived of life, liberty, or property without fair legal procedures.
• 📜 Substantive Due Process refers to rights not explicitly written in the Constitution but deemed fundamental, like rights related to contracts and reproductive autonomy.
• ⚖️ The doctrine of substantive due process is controversial, with debates about whether courts should enforce rights not explicitly stated in the Constitution.
• 🏛️ The Equal Protection Clause guarantees that all persons, regardless of race or citizenship, are entitled to equal protection under the law.
• 🚂 The 'separate but equal' doctrine was initially upheld by the Supreme Court, allowing racial segregation, particularly in public facilities like railway cars.
• 🏫 The 1954 Brown v. Board of Education case overturned the 'separate but equal' doctrine, declaring racial segregation in public schools unconstitutional.
• 🔑 The Brown decision was pivotal in advancing civil rights and ensuring that the 14th Amendment's promise of equality became a constitutional reality.

Q & A

What is the significance of the 14th Amendment in American constitutional history?

The 14th Amendment is one of the crown jewels of American constitutional history, as it helped fulfill the promise of equality made in the Declaration of Independence by ensuring that all people, regardless of race, are entitled to basic civil rights and protections.

Who drafted the 14th Amendment, and why is it important?

The 14th Amendment was drafted by John Bingham, an Ohio congressman. It is important because it ensures that states cannot abridge the fundamental rights of American citizens, which was crucial in extending civil rights to African-Americans after the Civil War.

What is the Privileges or Immunities Clause of the 14th Amendment?

The Privileges or Immunities Clause states that no state shall abridge the privileges or immunities of U.S. citizens. It was intended to ensure that fundamental rights, such as those in the Bill of Rights, applied to all citizens.

What happened to the Privileges or Immunities Clause in the Slaughterhouse Cases?

In the Slaughterhouse Cases, the Supreme Court essentially read the Privileges or Immunities Clause out of the Constitution, limiting its application. As a result, it became less significant in protecting citizens' rights.

How did the Due Process Clause become important after the Slaughterhouse Cases?

After the Privileges or Immunities Clause was limited in the Slaughterhouse Cases, the Due Process Clause became the main tool for incorporating the Bill of Rights against the states, protecting individuals' rights at the state level.

What does the Due Process Clause of the 14th Amendment guarantee?

The Due Process Clause ensures that no state shall deprive any person of life, liberty, or property without due process of law. This protection applies to all people, citizens and non-citizens alike.

What is substantive due process, and why is it important?

Substantive due process is the doctrine that certain rights and liberties, though not explicitly written in the Constitution, are so fundamental that they cannot be taken away without extremely good reasons. It has been used to protect rights like reproductive autonomy.

Why is substantive due process controversial?

Substantive due process is controversial because some argue that judges should only enforce rights explicitly written in the Constitution, while others believe that fundamental liberties, even if not written, should be protected.

What does the Equal Protection Clause of the 14th Amendment state?

The Equal Protection Clause states that no state shall deny any person within its jurisdiction the equal protection of the laws. It was meant to ensure that basic civil rights are extended to all persons, regardless of race or citizenship status.

How did the Brown v. Board of Education case affect the interpretation of the 14th Amendment?

In Brown v. Board of Education, the Supreme Court ruled that separate but equal public facilities are inherently unequal, effectively ending racial segregation in public schools. This decision reinforced the 14th Amendment's promise of equal protection under the law.

Outlines

00:00

📜 The 14th Amendment and its Historical Significance

The 14th Amendment is a pivotal part of the U.S. Constitution, solidifying the promise of equality made in the Declaration of Independence. Passed after the Civil War, it aimed to ensure fundamental rights for all citizens. The script introduces the Privileges or Immunities Clause, drafted by John Bingham, which prevents states from infringing on the basic rights of American citizens. This clause was initially intended to apply the protections of the Bill of Rights to all states. However, it was weakened by the Supreme Court in the 'Slaughterhouse Cases,' leading to the Due Process Clause playing a crucial role in extending these protections over time.

05:00

⚖️ The Due Process Clause and Substantive Rights

The Due Process Clause of the 14th Amendment ensures that no state can deprive any person—citizen or alien—of life, liberty, or property without due process of law. The Supreme Court has interpreted this to protect certain fundamental rights, including some not explicitly written in the Constitution, through a doctrine called substantive due process. These include rights like reproductive autonomy, as recognized in 'Roe v. Wade.' The concept remains controversial, as some argue that only explicitly written rights should be protected. The script encourages readers to explore landmark cases like 'Lochner' and 'Roe v. Wade' to understand this debate.

🏛️ The Equal Protection Clause and the End of Segregation

The Equal Protection Clause of the 14th Amendment guarantees that no person within a state's jurisdiction can be denied equal protection under the law. While initially meant to extend civil rights to all people, the Supreme Court allowed racial segregation through the 'separate but equal' doctrine. This lasted until the landmark 'Brown v. Board of Education' decision in 1954, which ruled that segregation in public schools was inherently unequal. This decision helped dismantle racial segregation and realized the 14th Amendment’s promise of equality, affirming that all citizens are equal under the law.

Keywords

💡14th Amendment

The 14th Amendment is a key part of the U.S. Constitution that guarantees equal protection under the law and extends civil rights to all citizens, especially following the Civil War. It plays a central role in the video as the speaker explains its significance in ensuring that the promise of equality, first expressed in the Declaration of Independence, was fulfilled.

💡Privileges or Immunities Clause

The Privileges or Immunities Clause of the 14th Amendment ensures that no state can limit the fundamental rights of U.S. citizens. In the video, it is explained as one of the three major clauses of the Amendment, initially meant to protect civil rights like free speech and protection from unreasonable searches, but was later weakened by the Supreme Court in The Slaughterhouse Cases.

💡Due Process Clause

The Due Process Clause of the 14th Amendment prohibits states from depriving any person of life, liberty, or property without fair legal procedures. The video highlights how this clause applies to all people, not just citizens, and became a basis for protecting rights not explicitly written in the Constitution, such as reproductive autonomy in Roe v. Wade.

💡Equal Protection Clause

The Equal Protection Clause prevents states from denying any person equal protection under the law. The video explains its role in combating racial segregation and how it was central to the Brown v. Board of Education decision, which declared that 'separate but equal' facilities were unconstitutional, advancing civil rights in America.

💡John Bingham

John Bingham was an Ohio congressman who drafted parts of the 14th Amendment, particularly the Privileges or Immunities Clause. In the video, he is noted for his crucial role in shaping the Amendment to ensure that fundamental rights were protected against state infringement, especially for African Americans post-Civil War.

💡The Slaughterhouse Cases

The Slaughterhouse Cases were a set of Supreme Court decisions in 1873 that significantly weakened the impact of the Privileges or Immunities Clause by limiting its scope. The video discusses this as a turning point where the Clause was 'read out' of the 14th Amendment, leading to a reliance on the Due Process Clause to protect civil rights.

💡Substantive Due Process

Substantive Due Process refers to the judicial interpretation that certain fundamental rights, though not explicitly written in the Constitution, are protected from government interference. The video explains how this concept allowed the courts to protect rights like reproductive autonomy (e.g., in Roe v. Wade) and the right to contract (e.g., in Lochner v. New York).

💡Roe v. Wade

Roe v. Wade was a landmark 1973 Supreme Court case that recognized a woman’s right to choose an abortion under the Due Process Clause of the 14th Amendment. The video references this case to illustrate how substantive due process has been used to protect certain personal liberties, even if they are not explicitly mentioned in the Constitution.

💡Brown v. Board of Education

Brown v. Board of Education was a 1954 Supreme Court case that overturned the 'separate but equal' doctrine, declaring that racial segregation in public schools violated the Equal Protection Clause. The video cites this case as a pivotal moment in fulfilling the 14th Amendment's promise of equality and ending legalized racial segregation.

💡Separate but Equal

'Separate but equal' was a legal doctrine established by the Supreme Court in Plessy v. Ferguson (1896) that allowed state-sponsored racial segregation as long as the separate facilities were deemed equal. The video explains how this doctrine was later overturned by Brown v. Board of Education, which recognized the inherent inequality of segregation, particularly in public schools.

Highlights

The 14th Amendment is a foundational part of the U.S. Constitution, fulfilling the promise of equality made in the Declaration of Independence.

The Privileges or Immunities Clause ensures that no state can abridge the fundamental rights of American citizenship.

The original Bill of Rights only applied to Congress, but the 14th Amendment extended certain rights to the states.

The Supreme Court significantly weakened the Privileges or Immunities Clause in the Slaughterhouse Cases, forcing reliance on the Due Process Clause to apply the Bill of Rights to the states.

The Due Process Clause protects not only citizens but also non-citizens (aliens), ensuring basic rights for all people in the U.S.

The Supreme Court's interpretation of the Due Process Clause protects certain fundamental rights, even those not explicitly written in the Constitution.

Rights under the Due Process Clause include freedom of speech, protection from unreasonable searches, and rights to make contracts.

The idea that the Due Process Clause protects unwritten fundamental rights is known as 'substantive due process,' a controversial doctrine.

Substantive due process has been used to protect rights such as reproductive autonomy, as seen in Roe v. Wade.

Some people argue that judges should only enforce rights explicitly written in the Constitution, while others believe in broader protections.

The Equal Protection Clause ensures that states provide equal protection under the law to all persons within their jurisdiction, regardless of race or citizenship.

The Supreme Court initially upheld 'separate but equal' segregation laws, allowing racial segregation on public transportation.

The Brown v. Board of Education decision overturned 'separate but equal' doctrine, declaring that segregated public schools are inherently unequal.

The Brown case recognized that racial segregation stigmatizes and degrades African-Americans, violating the 14th Amendment's promise of equality.

The 14th Amendment's guarantee of equality under the law became a constitutional reality through the Brown decision and later civil rights rulings.

Transcripts

[Music]

welcome to the National Constitution

Center we're here to talk about the 14th

Amendment to the Constitution it's one

of the crown jewels of our

constitutional history and if Thomas

Jefferson in the Declaration of

Independence promised that all men are

created equal it took the 14th Amendment

after the bloodiest war in American

history to make that promise a reality

so what does the 14th Amendment say well

the best place to read it is on the

interactive Constitution which you can

find in the App Store and also at

constitutioncenter.org and I've got mine

here and I'm going to read to you the

first part of the 14th Amendment there

are basically three big Clauses we're

going to talk about and the first one is

called the Privileges or immunities

clause no State shall make or enforce

any law which shall abridge the

Privileges or immunities of citizens of

the United States what do that mean the

Privileges or immunities clause like the

rest of the 14th amendment was drafted

by someone called John Bingham he was an

Ohio congressman and for him the

Privileges of immunities clause was one

of the most important parts

because it ensured that no state could

abridge the fundamental rights of

American citizenship the original Bill

of Rights applies only to Congress it

says Congress shall make no law bridging

freedom of speech what are the

Privileges or immunities of citizenship

that states can abridge well they

include most of the rights in the

original Bill of Rights like the rights

of free speech the right to be free from

unreasonable searches and seizures they

also include rights to make contract and

to Sue and be sued the basic civil

rights that had been denied dened by

Southern States after the Civil War to

African-American citizens and the Clause

guarantees that all citizens

African-American white anyone at all is

entitled to these basic privileges or

immunities and it was an incredibly

important guarantee unfortunately the

Privileges or immunities clause was

basically read out of the Bill of Rights

by the Supreme Court in a case called

The Slaughterhouse Cases that came down

soon after the 14th amendment was passed

because of that it took another Clause

of the 14th Amendment known as the due

process clause to incorporate the Bill

of Rights against the states a process

that took almost 100 years so let's talk

next about the due process clause what

does that say nor shall any state

deprive any person of life liberty or

property without due process of law well

that's hugely important and interesting

in a bunch of ways first of all it

applies to all persons not just citizens

persons include citizens and Aliens

alike so these are basic rights that

have to go to all people whether not

their citizens of the United States the

Supreme Court has interpreted that

Clause to mean that there are certain

rights or Liberties that are so

fundamental that they can't be deprived

of any person without extremely good

reasons even with a trial or with due

process what are these rights and

Liberties well they include some of

those rights in the original Bill of

Rights that John Bingham had wanted to

bind the states through the Privileges

of immunities clause but they also

include some rights that actually aren't

written down in the original

Constitution the Supreme Court has

recognized that some of those rights

include basic rights of contract during

the Progressive Era in a case called the

lochner case the court said that the

rights of contract are so fundamental

that they can't be deprived under the

newe process clause and they also

include rights of reproductive autonomy

the famous case roie Wade in 1973 said

that the rights of reproductive Choice

are so fundamental that they can't be

deprived under the due process clause

now this idea that there there are

certain rights that aren't written down

in the Constitution but are nevertheless

protected by the due process clause is

known as substantive due process it's a

funny technical term but it basically

means these substantive Liberties are so

important that they can't be deprived

except with very good reasons this

doctrine of substantive due process is

controversial some people say judges

should only enforce rights that are

actually written down in the original

Constitution others disagree and I want

you to learn about this debate by

reading these cases like the lochner

case and roie Wade read the majority

opinions read the descents and make up

your own mind there's a final Clause of

the 14th Amendment known as the equal

protection Clause so let's read that one

it says no State shall deny to any

person within its jurisdiction the equal

protection of the laws at the time after

the Civil War it meant that there are

certain basic civil rights that had to

be extended to all persons white and

black citizens and Aliens alike and yet

right after the 14th amendment was

passed

the Supreme Court held that it was okay

for the states to enforce separate but

equal Railway cars and to force

African-American people to ride

separately from white people when they

took the train it took decades for the

Supreme Court to overturn that case and

in 1954 in the famous Brown versus Board

of Education decision the Supreme Court

said that separate but equal public

facilities are inherently unequal and

that states could not force

African-American citizens to go to

separate public schools from white

people separating people on the basis of

race the court recognized can create

feelings of inferiority and can

stigmatize and degrade African-Americans

in ways that are inconsistent with the

promise of the 14th amendment that any

legislation that signaled that one group

was inferior to another was inherently

unequal it finally made real the promise

of Jefferson of Lincoln at Gettysburg

and of the 14th Amendment Itself by

insisting that the 14th Amendment

neither knows nor tolerates classes

among citizens the Brown case ensured

that the promise of the 14th Amendment

became constitutional

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