The Fourteenth Amendment

Section 1. "All persons born or naturalized in the United States andsubject to the jurisdiction thereof, are citizens of the United States and of the Statewherein 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."

I. United States Citizenship and State Citizenship


  1. jus soli: geographic place of birth
  2. jus sanguinis: parents nationality

    3. II. Privileges and Immunities of Citizens


    1. Basic rights enjoyed by all citizens; must meet two tests:
      1. right conferred by the federal Constitution or federal law
      2. right enjoyed solely because one is a citizen, and not enjoyed by non-citizens.

    2. Privileges and Immunities include (but not limited to):
      1. right to become a citizen of a state;
      2. right to settle on a homestead on federal land;
      3. right to take a U. S. Civil Service Examination;
      4. right to vote in federal elections.

    III. Selective Incorporation & the Due Process Clause

    Selective Incorporation is the process used by the Supreme Court to apply selected portions of the Bill of Rights to the States.

    1. Palko v. Connecticut, 302 U.S. 319 (1937):
      1. fundamental rights: freedom of thought and speech (1ST amendment rights) are absorbed by the 14th Amendment's due process clause, and applicable to the states.
      2. other rights (i.e., trial by jury, etc.) are not essential to liberty, and are not absorbed by the due process clause and are not applicable to the states

    2. Wolf v. Colorado, 338 U.S. 225 (1949): 4th Amendment (unreasonable search & seizure)

    3. Miranda v. Arizona, 384 U.S. 486 (1966): 5th Amendment (self-incrimination):

    4. Gideon v. Wainwright, 372 U.S. 335 (1963): 6th Amendment (assistance of counsel)

    5. 9th Amendment: Rights Not Specifically Listed in the Bill of Rights

      1. Griswold v. Connecticut, 381 U.S. 479 (1965);
      2. Roe v. Wade, 410 U.S. 113 (1973)

    IV. Equal Protection of the Law

    1. History & Purpose

        2. Adopted to prevent subjecting former slaves to discriminatory laws and regulations
      1. General protection form all forms of arbitrary classification and discrimination;
      2. "without fair, solid, and substantial cause; not governed by any fixed rules or standard."
        (See Black's Law Dictionary, p. 134).

    2. Principles of Valid Classification: If the law places people into different classes, then:
      1. the classes must differ from each other;
      2. classification must have some rational connection to the purpose of the law.
      3. Age is an appropriate classification with respect to:
        • right to vote;
        • drive an automobile;
        • attend public schools.

      4. Age is an inappropriate classification to determine:
        • who may own property;
        • who is liable to pay property taxes.

    3. Brown v. Board of Education, 347 U.S. 483 (1954).
      • "Separate but equal" has no place in our public institutions".
      • recognized individual dignity as a constitutional value protected by the equal protection clause.

    4. Romer v. Evans, 512 U.S. 620 (1996)
      • State laws must be based on rational relationship to legitimate state interests.
      • equal protection is based on the principle that government remains open & impartial to all who seek its assistance.
      • a strong dislike of a unpopular group, or a desire to harm a politically unpopular group connot constitute a legitimate governmental interest.

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