The Fourteenth Amendment: Granting Citizenship and Equal Protection Under the Law

A cornerstone of American civil rights, the Fourteenth Amendment defines citizenship and guarantees equal protection and due process from state governments.

By Garret Merkley · Explainer · Jul 9, 2026

Branched from The Dred Scott v. Sandford Decision: How One Ruling Ignited the Civil War

Quick take

The Fourteenth Amendment, ratified after the Civil War, defines U.S. citizenship for all persons born or naturalized in the country.
It prevents states from denying any person 'life, liberty, or property, without due process of law' and from denying 'equal protection of the laws.'
This amendment reversed the Dred Scott decision and became the foundation for most civil rights protections against state actions.
Its clauses ensure fundamental fairness and equality, shaping American law and society for over a century.

The Fourteenth Amendment is one of the three post-Civil War amendments to the U.S. Constitution, ratified in 1868. It fundamentally reshaped American law by defining national citizenship, guaranteeing all citizens equal protection under the law, and ensuring due process from state governments. Its primary purpose was to secure rights for formerly enslaved people, but its protections have since expanded to affect nearly every aspect of American life and liberty.

Defining Citizenship and Rights

The amendment's Section 1 contains its most impactful clauses, directly addressing the legal status of individuals after the Civil War. It begins by stating: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This "Citizenship Clause" directly overturned the Supreme Court's 1857 Dred Scott v. Sandford decision, which had declared that Black people, whether enslaved or free, could not be American citizens. It established birthright citizenship as a constitutional principle.

Following the Citizenship Clause, the Fourteenth Amendment lays out three crucial protections against state action:

**Privileges or Immunities Clause:** States cannot abridge the "privileges or immunities" of U.S. citizens. While initially intended to protect fundamental rights, this clause was largely narrowed by early Supreme Court interpretations and has played a less central role than the others.
**Due Process Clause:** No state shall "deprive any person of life, liberty, or property, without due process of law." This clause ensures that state and local governments must follow fair procedures when they interfere with a person's fundamental rights or property. Over time, courts have used this clause to apply most of the Bill of Rights to the states (a process called "incorporation"), meaning states cannot infringe on rights like freedom of speech or religion.
**Equal Protection Clause:** No state shall "deny to any person within its jurisdiction the equal protection of the laws." This powerful clause demands that states treat all individuals equally under the law, preventing discrimination. It has been the legal basis for landmark civil rights decisions, from desegregation to marriage equality.

How It Works in Practice

When a state government or one of its entities (like a city, county, or public school) takes an action that potentially infringes on an individual's rights, the Fourteenth Amendment often comes into play. For example, if a state passes a law that treats one group of people differently without a strong justification, the Equal Protection Clause allows courts to examine that law for discrimination. Similarly, if a state government tries to take away someone's property or restrict their freedom without a fair hearing, the Due Process Clause can be invoked.

Courts apply different levels of scrutiny when evaluating claims under the Equal Protection Clause, depending on the type of classification a law makes. Classifications based on race, for instance, face "strict scrutiny," meaning the government must show a compelling state interest and that the law is narrowly tailored to achieve that interest. Other classifications, like those based on gender, receive "intermediate scrutiny," while most other classifications are reviewed under a more lenient "rational basis" test.

Why It Matters Today

The Fourteenth Amendment is foundational to modern American civil rights and liberties. It transformed the relationship between individuals and their state governments, ensuring that states could not simply ignore fundamental rights or discriminate against their residents. Its legacy is seen in nearly every major civil rights movement and legal battle since its ratification, from the fight for racial equality and women's suffrage to LGBTQ+ rights and the protection of free speech against state censorship. It continues to be a living document, constantly interpreted by courts to address contemporary issues of fairness, equality, and individual liberty.

Does the Fourteenth Amendment apply to the federal government?

No, the Fourteenth Amendment specifically addresses state actions. However, the Fifth Amendment contains its own Due Process Clause that applies to the federal government, and courts have interpreted it to include an implicit equal protection component, meaning the federal government also cannot discriminate unfairly.

What is 'incorporation' and how does the Fourteenth Amendment relate to it?

Incorporation is the process by which the Supreme Court has applied most of the protections of the Bill of Rights (originally only binding on the federal government) to state and local governments through the Fourteenth Amendment's Due Process Clause. This means states cannot infringe on rights like freedom of speech, religion, or protection from unreasonable searches and seizures.

How did the Fourteenth Amendment overturn Dred Scott?

The Citizenship Clause of the Fourteenth Amendment, stating that "All persons born or naturalized in the United States... are citizens of the United States," directly contradicted the Dred Scott ruling, which had denied citizenship to African Americans. It firmly established birthright citizenship for all.

Can states still create laws that treat groups of people differently?

Yes, but such laws must meet constitutional standards under the Equal Protection Clause. Depending on the classification (e.g., race, gender, age), the state must provide a specific level of justification, from a "rational basis" to a "compelling state interest," to show that the differential treatment is legitimate and necessary.

Sources

U.S. Constitution: Fourteenth Amendment
National Archives: The 14th Amendment