How did Southern states respond to the ratification of the 14th Amendment?
|
The Fourteenth Amendment’s ratification generated some controversy for a time, particularly from legal scholars of the south who claimed that the amendment was invalid because of its ratification process. Despite withdrawing their approval of the amendment, two states (Ohio and New Jersey) were counted as ratifiers of the amendment. Aware of this difficulty, Secretary of State Seward waited until Alabama and Georgia had additionally ratified before officially certifying the Fourteenth Amendment on July 28. Southerners still argued that the amendment was invalid, however, because the beaten southern states, then ruled by federal military commissions, were forced to ratify the amendment in order to regain their full legal status. Show
Since the 1860s, all of the originally dissenting states have approved the Fourteenth Amendment, putting to rest any question of its legal status. A number of landmark Supreme Court cases have relied on Section 1’s provisions for due process, equal protection, and privileges and immunities for all U.S. citizens. Below is a collection of resources recognizing this important piece of American law. Browse these resources or jump from section to section by clicking the links below:
Full text of the Fourteenth Amendment
Relevant Supreme Court cases from the First Amendment LibraryFrom JMC’s First Amendment Library:
Gitlow v. New York (1925)Prior to the Fourteenth Amendment, the Bill of Rights applied only to the federal government, and did not restrict state legislatures. In Gitlow, the Supreme Court decided that the Fourteenth Amendment extended the freedom of speech and press provisions in the Bill of Rights to apply to the individual states. During the first Red Scare in the wake of World War I, Benjamin Gitlow was charged under New York’s “Anarchy Law of 1902” for publishing a “Left Wing Manifesto” in a socialist newspaper. The court upheld Gitlow’s conviction, with vigorous dissents from Justice Brandeis and Justice Holmes, but in doing so ruled that the case fell under federal authority. Read more about Gitlow v. New York >>
Cantwell v. Connecticut (1940)In Cantwell v. Connecticut, the Court applied the Free Exercise Clause to state and local government for the first time. Prior to the Fourteenth Amendment, constitutional rights, such as those enumerated in the Bill of Rights, applied only to the federal government. In the Cantwell decision, the Free Exercise clause from the First Amendment was “incorporated” into the Court’s understanding of the protections guaranteed by the Fourteenth Amendment against both federal and state authority. Read more about Cantwell v. Connecticut >>
Everson v. Board of Education (1947)The Court examined whether a New Jersey law allowing reimbursements to parents who sent their children on buses operated by the public transportation system to public and private schools, including parochial Catholic schools, was indirect aid to religion and thus a violation of the Establishment Clause of the First Amendment. In a 5-4 decision, the Court ruled that the law was constitutional, because the transportation reimbursements were provided to all students regardless of religion. Also, the reimbursements were made directly to parents and not to any religious institution. This case also applied the Establishment Clause to the actions of state governments. Read more about Everson v. Board of Education >> Selected Online ResourcesSelected online resources on the Fourteenth Amendment: National Constitution Center’s Interactive ConstitutionThe National Constitution Center offers a collection of introductory essays by top liberal and conservative legal scholars that give overviews of each clause of the Fourteenth Amendment as agreed upon by both authors, as well as separate brief statements of these scholars’ disagreements about the meaning of each clause. Visit NCC’s Interactive Constitution >>
The Library of Congress Web Guide to the Fourteenth AmendmentThe Library of Congress has amassed a variety of resources on the Fourteenth Amendment, including primary documents from the time of ratification and related exhibitions and websites. Explore the Library of Congress web guide >>
Harper’s Weekly Resources on the Fourteenth AmendmentHarper’s Weekly was one of the most widely read journals during the Civil War era. HarpWeek, an organization that has indexed all of Harper’s Weekly, has a webpage devoted to the journal’s coverage of the Fourteenth Amendment. The primary source materials on the site are include editorials, stories, illustrations, cartoons, as well as documents from key political and military figures of the time. Additionally, HarpWeek has added an annotated timeline, biographical sketches, and a glossary of terms. Visit the HarpWeek Fourteenth Amendment page >>
The Heritage Guide to the ConstitutionThe Heritage Foundation’s Guide to the Constitution includes scholarly essays on each component of the Fourteenth Amendment. Explore Heritage’s essays on the Fourteenth Amendment >>
David Lawrence on the Ratification of the Fourteenth AmendmentDavid Lawrence’s criticism of the ratification process used to adopt the Fourteenth Amendment may be the best-known argument denying the amendment’s validity. Read the 1957 U.S. News & World Report article >>
*If you are a JMC fellow who’s published on the Fourteenth Amendment or its history and controversies, and would like your work included here, send it to us at [email protected]. How did the southerners respond to the 14th Amendment?") With the exception of Tennessee, the Southern states refused to ratify the Fourteenth Amendment. The Republicans then passed the Reconstruction Act of 1867, which set the conditions the Southern states had to accept before they could be readmitted to the union, including ratification of the 14th Amendment.
What Southern State ratified the 14th Amendment?On July 9, 1868, Louisiana and South Carolina voted to ratify the 14th Amendment, making up the necessary three-fourths majority.
Why did the South pass the 14th Amendment?Some southern states began actively passing laws that restricted the rights of former slaves after the Civil War, and Congress responded with the 14th Amendment, designed to place limits on states' power as well as protect civil rights.
Who opposed the 14th Amendment?President Andrew Johnson was notified that the amendment was being sent to the states for ratification, and he publicly expressed his disapproval. Congressional approval -- and presidential opposition -- led to a two-year battle between President Johnson and the Republican Party over the 14th Amendment's ratification.
|
