U.S. Constitution: Fourteenth Amendment
Fourteenth Amendment - Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection
Amendment Text Annotations
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.
Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Annotations
Section 1. Rights Guaranteed
Citizens of the United States
Privileges and Immunities
Due Process of Law
The Development of Substantive Due Process
''Persons'' Defined
Police Power Defined and Limited
''Liberty''
Liberty of Contract
Regulatory Labor Laws Generally
Laws Regulating Hours of Labor
Laws Regulating Labor in Mines
Laws Prohibiting Employment of Children in Hazardous Occupations
Laws Regulating Payment of Wages
Minimum Wage Laws
Workers' Compensation Laws
Collective Bargaining
Regulation of Business Enterprises: Rates, Charges, and Conditions of Service
''Business Affected With a Public Interest''
Nebbia v. New York
Judicial Review of Publicly Determined Rates and Charges
Development
Limitations on Judicial Review
The Ben Avon Case
History of the Valuation Question
Regulation of Public Utilities (Other Than Rates)
In General
Compulsory Expenditures: Grade Crossings, and the Like
Compellable Services
Safety Regulations Applicable to Railroads
Statutory Liabilities and Penalties Applicable to Railroads
Regulation of Corporations, Business, Professions, and Trades
Corporations
Business in General
Laws Prohibiting Trusts, Discrimination, Restraint of Trade
Laws Preventing Fraud in Sale of Goods and Securities
Banking, Wage Assignments and Garnishment
Insurance
Miscellaneous Businesses and Professions
Protection of State Resources
Oil and Gas
Protection of Property and Agricultural Crops
Water
Fish and Game
Ownership of Real Property: Limitations, Rights
Zoning and Similar Actions
Estates, Succession, Abandoned Property
Health, Safety, and Morals
Safety Regulations
Sanitation
Food, Drugs, Milk
Intoxicating Liquor
Regulation of Motor Vehicles and Carriers
Protecting Morality
Vested Rights, Remedial Rights, Political Candidacy
Control of Local Units of Government
Taxing Power
Generally
Public Purpose
Other Considerations Affecting Validity: Excessive Burden; Ratio of Amount Of Benefit Received
Estate, Gift and Inheritance Taxes
Income Taxes
Franchise Taxes
Severance Taxes
Real Property Taxes
Jurisdiction to Tax
Sales/Use Taxes
Land
Tangible Personalty
Intangible Personalty
Transfer (Inheritance, Estate, Gift) Taxes
Corporate Privilege Taxes
Individual Income Taxes
Corporate Income Taxes: Foreign Corporations
Insurance Company Taxes
Procedure in Taxation
Generally
Notice and Hearing in Relation to Taxes
Notice and Hearing in Relation to Assessments
Collection of Taxes
Sufficiency and Manner of Giving Notice
Sufficiency of Remedy
Laches
Eminent Domain
Substantive Due Process and Noneconomic Liberty
Abortion
Privacy: Its Constitutional Dimensions
Family Relationships
Liberty Interests of Retarded and Mentally Ill: Commitment and Treatment
''Right to Die''
Procedural Due Process: Civil
Some General Criteria
Ancient Use and Uniformity
Equality
Due Process, Judicial Process, and Separation of Powers
Power of the States to Regulate Procedure
Generally
Commencement of Actions
Pleas in Abatement
Defenses
Amendments and Continuances
Costs, Damages, and Penalties
Statutes of Limitation
Evidence and Presumptions
Jury Trials
Appeals
Jurisdiction
Generally
In Personam Proceedings Against Individuals
Suability of Foreign Corporations
Actions in Rem: Proceedings Against Property
Actions in Rem: Attachment Proceedings
Actions in Rem: Estates, Trusts, Corporations
Notice: Service of Process
The Procedure Which Is Due Process
The Interests Protected: Entitlements and Positivist Recognition
Proceedings in Which Procedural Due Process Must Be Observed
When Is Process Due
The Requirements of Due Process
Procedural Due Process: Criminal
Generally
The Elements of Due Process
Clarity in Criminal Statutes: The Void-for-Vagueness Doctrine
Other Aspects of Statutory Notice
Entrapment
Criminal Identification Process
Initiation of the Prosecution
Fair Trial
Guilty Pleas
Prosecutorial Misconduct
Proof, Burden of Proof, and Presumptions
Sentencing
The Problem of the Incompetent or Insane Defendant or Convict
Corrective Process: Appeals and Other Remedies
Rights of Prisoners
Probation and Parole
The Problem of the Juvenile Offender
The Problem of Civil Commitment
Equal Protection of the Laws
Scope and Application
State Action
''Persons''
''Within Its Jurisdiction''
Equal Protection: Judging Classifications by Law
Traditional Standard: Restrained Review
The New Standards: Active Review
Testing Facially Neutral Classifications Which Impact on Minorities
Traditional Equal Protection: Economic Regulation and Related Exercises of the Police Powers
Taxation
Classification for Purpose of Taxation
Foreign Corporations and Nonresidents
Income Taxes
Inheritance Taxes
Motor Vehicle Taxes
Property Taxes
Special Assessment
Police Power Regulation
Classification
Other Business and Employment Relations
Labor Relations
Monopolies and Unfair Trade Practices
Administrative Discretion
Social Welfare
Punishment of Crime
Equal Protection and Race
Overview
Education
Development and Application of ''Separate But Equal''
Brown v. Board of Education
Brown's Aftermath
Implementation of School Desegregation
Northern Schools: Inter- and Intradistrict Desegregation
Efforts to Curb Busing and Other Desegregation Remedies
Termination of Court Supervision
Juries
Capital Punishment
Housing
Other Areas of Discrimination
Transportation
Public Facilities
Marriage
Judicial System
Public Designation
Public Accommodations
Elections
Permissible Remedial Utilization of Racial Classifications
The New Equal Protection
Classifications Meriting Close Scrutiny
Alienage and Nationality
Sex
Illegitimacy
Fundamental Interests: The Political Process
Voter Qualifications
Access to the Ballot
Apportionment and Districting
Weighing of Votes
The Right to Travel
Durational Residency Requirements
Marriage and Familial Relations
Sexual Orientation
Poverty and Fundamental Interests: The Intersection of Due Process and Equal Protection
Generally
Criminal Procedure
The Criminal Sentence
Voting
Access to Courts
Educational Opportunity
Abortion
Section 2. Apportionment of Representation
Sections 3 and 4. Disqualification and Public Debt
Section 5. Enforcement
Generally
State Action
Congressional Definition of Fourteenth Amendment Rights
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