Why Should You Care About the 150th Anniversary of the 14th Amendment?

On July 9, 1868, the 14^th Amendment was ratified. It amounts to the legal rebirth of America. Boiled down, it provides us protections against state and local actions that take away our liberty and property and life (called due process), and ensures that state and local laws treat us with equal protection. It also defines citizenship. This means that freed slaves were given full legal rights equal to whites; and also, anyone— regardless of their parents’ ancestry or origin— was to be counted as an American citizen if they are born on U.S. soil.

Given how polarized our nation is, here is a brief summary of conservative and liberal rulings that have interpreted the 14^th Amendment.

Conservatives: State and local governments must pay fair market value if either takes your property for a public purpose. Furthermore, if state or local laws so restrict your property that you cannot enjoy or use it as you wish, you can sue under the property provision of the 14^th Amendment.

Liberals: Separate but equal is not constitutional; it violates the Equal Protection Clause. A woman has a due process right (liberty) to have an abortion. Children who are not legally in the U.S. have a right to free public education because the Amendment refers to “any person,” not “any American citizen.” Gay people have a right to be legally married. 

Though 150 years old today, the 14^th Amendment is still under construction as our nation figures out the core meanings of liberty and equal treatment.