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.