Amendment 14 · Ratified July 9, 1868

14th Amendment: Incorporation Fourteenth

Quick Answer

What is the 14th Amendment: Incorporation Fourteenth?

A comprehensive guide to the 14th Amendment's incorporation doctrine, detailing its historical significance, landmark cases, and modern applications.

Source: U.S. Const. amend. 14

Amendment Text
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.
Plain Language

The 14th Amendment guarantees that states cannot violate individuals' rights to due process and equal protection under the law. It serves as a crucial mechanism for applying federal rights to state governments.

Historical Context

Ratified during the Reconstruction Era, the 14th Amendment aimed to secure rights for newly freed slaves after the Civil War. It addressed issues of citizenship, civil rights, and the relationship between state and federal authority.

Key Constitutional Tests

Selective Incorporation

A constitutional doctrine that applies certain rights enumerated in the Bill of Rights to the states through the 14th Amendment.

  1. Rights originally intended only to limit federal power
  2. Gradual application to states via the Due Process Clause
Landmark Cases

Gitlow v. New York

1925

Holding: The Supreme Court ruled that the First Amendment's free speech protections apply to the states through the 14th Amendment.

Significance: This case was pivotal in establishing the doctrine of selective incorporation, thereby extending federal constitutional protections to state laws.

Mapp v. Ohio

1961

Holding: The Supreme Court held that evidence obtained in violation of the Fourth Amendment is inadmissible in state courts.

Significance: This furthered the incorporation of protections against unlawful searches and seizures at the state level.

Modern Applications
  • Protection of individual rights in state courts, such as the right to free speech and freedom of religion.
  • Challenges to state laws that discriminate against individuals based on race, gender, or sexual orientation.
Exam Tips
  • Understand the difference between privileges or immunities and due process as they relate to incorporation.
  • Familiarize yourself with key landmark cases that demonstrate the evolution of the incorporation doctrine.
Related Amendments
  • first-amendment
  • fifth-amendment
  • eighth-amendment

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