Due Process, Equal Justice Constitution's 14th Amendment adopted 150 years ago today

The 14th Amendment to the U.S. Constitution has been the center of controversy since it was adopted on July 9, 1868-150 years ago today.

Born of Reconstruction, it was hotly debated by Northern Republicans, who thought it did not go far enough to protect the rights of newly freed slaves, and Southern Democrats, who were eventually forced to swallow their objections in order to regain a right to representation in Congress.

After about 70 drafts, what emerged was a compromise with five sections. Section 1 sets out citizenship rights and forbids the states to "deprive any person of life, liberty, or property" without due process guarantees of equal protection under the law.

Section 2 details how representatives shall be apportioned among the states according to population.

Section 3 denies public office to anyone "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." Congress could override that restriction, though, by a two-thirds vote in each chamber. This section was directly aimed at the South.

Section 4 declares public debt of the U.S. to be valid and above question. It also denies payment for claims stemming from rebellion against the U.S. or for loss of slaves. Another dig at the South.

Section 5 gives Congress the power to enforce the amendment.

Over the years, Section 1 has been a hotbed for litigation. Some of our country's most important Supreme Court decisions have been based on the principles of due process and equal protection-and some of its most vigorously debated to this day, such as Roe v. Wade, which overturned blanket bans on abortion.

The 14th Amendment was a turning point for civil rights in this country. It still is.

Upcoming Events