14th Amendment facts
While investigating facts about 14th Amendment, I found out little known, but curios details like:
The Supreme Court ruled in 1898 there are only three exceptions to birthright citizenship under the 14th Amendment: Those born from foreign leaders or diplomats, on foreign public ships, and from hostile enemy forces occupying US territory.
Native Americans born in the US weren't granted automatic citizenship upon birth (which the 14th amendment grants) until 1924.
In my opinion, it is useful to put together a list of the most interesting details from trusted sources that I've come across. Here are 25 of the best facts about 14th Amendment I managed to collect.
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California didn't ratify the 14th amendment ['equal protection under the law'] until 1959. Tennessee ratified it in 1866.
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The precedent that US corporations are entitled to 14th Amendment rights was never addressed among the Justices in 1886, but rather publicized by Court Reporter Bancroft Davis, former president of a railway company
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Loitering, with innocent purposes, is protected under the 14th Amendment
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Oklahoma had different drinking ages for men and women until a 1976 Supreme Court case that held it unconstitutional under the 14th Amendment's Equal Protection Clause.
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The Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment.
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President Andrew Johnson, Lincoln's vice-president and successor, openly opposed the passage of the 14th amendment. Congress also had to override his vetos on Freedmen’s Bureau bills and the 1866 Civil Rights bill.
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It wasn't until 1947 that the US Supreme Court ruled that a State could not establish a religion due to the 14th Amendment (originally the Bill of Rights only prohibited Congress from establishing a religion).
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The First 10 Amendments of the US Constitution Only Apply Against the Federal Government, and Can Only Be Used Against the States B/C of the 14th Amendment
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About Baker v. Nelson, a Minnesota Supreme Court case in 1971. The plaintiffs in it argued that the US Constitution provides a right to same-sex marriage through the 1st, 8th, 9th, and 14th Amendments. They lost their case by a unanimous margin but this ruling was overturned by SCOTUS in 2015.
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About the 1977 book Government by Judiciary by Raoul Berger. In this book, he argues that the US Supreme Court has interpreted the 14th Amendment contrary to the intent of its draftsmen on various issues. His book helped spark a debate about originalism and living constitutionalism in the U.S.
What is true about 14th amendment?
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On 1957, Georgia asked the Congress to repeal the 14th and 15th Amendments
U.S. Supreme Court common law classifies Native Americans as a political group, not a racial or ethnic minority. Accordingly,the constitutional protections afforded by the Equal Protection Clause of the 14th and 5th Amendments do not apply to Native Americans. See Morton v. Mancari (1974) - source
Any American can sue any senator in court and if it is proved they violated their oath by rebelling or aiding the enemies of the united states must leave their office for violating the 14th Amendment - source
The 14th Amendment to the US Constitution was ratified without the prerequisite 3/4th's approval of all the states. Three states rescinded their ratification but the Radical Republicans ignored them and SCOTUS declined to intervene.
Abdul Hassan, a Guyanese immigrant to the US, has sued the federal government 5 times on the grounds that the "natural-born citizen" clause is discrimination by national origin under the 14th Amendment. - source
About Government by Judiciary, a 1977 book by Raoul Berger where he argued that SCOTUS exceeded its authority by interpreting the 14th Amendment contrary to the intent of its draftsmen. This book was cited over 2,000 times and helped spark a debate about originalism & living constitutionalism.
In the years after the passage of the 14th Amendment in 1868, a significant number of US states repealed, stopped enforcing, or struck down their anti-miscegenation laws due to a belief among judges and politicians that these laws conflicted with the 14th Amendment.
The 14th Amendment does not guarantee birthright citizenship in the USA
"US military installations abroad and US diplomatic or consular facilities abroad are not part of the United States within the meaning of the 14th Amendment. A child born [there] is not born in the United States and does not acquire US citizenship by reason of birth." 7 FAM 1113(c)(1).
The southern states were denied representation until they ratified the 14th amendment.
The 14th amendment was not officially ratified in the state of Ohio until 2003 (the 14th amendment was initially written in 1865, and gave blacks citizenship, allowing them to vote)