What rights does the 14th Amendment guarantee to US citizens?
Asked by: Ms. Elta Bogan MD | Last update: February 6, 2026Score: 4.9/5 (42 votes)
The U.S. 14th Amendment grants citizenship to all persons born or naturalized in the U.S., guarantees Due Process (fair legal procedures) and Equal Protection of the Laws for everyone, applies most of the Bill of Rights to state governments, and bars Confederates from office, fundamentally expanding civil rights and making the Constitution a tool for protecting individuals against state overreach. Key rights derived include incorporation of many fundamental rights, protections against discrimination (like in Brown v. Board), and substantive rights like privacy (as seen in Obergefell v. Hodges for marriage).
What does the 14th Amendment guarantee to citizens?
Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...
What are the three major rights guaranteed by the 14th Amendment?
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.
What are the four main clauses of the 14th Amendment?
The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
What's the difference between a state citizen and a US citizen?
National citizenship signifies membership in the country as a whole; state citizenship, in contrast, signifies a relation between a person and a particular state and has application generally limited to domestic matters.
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Who is a U.S. citizen according to the 14th Amendment?
The 14th Amendment to the U.S. Constitution provides that, with few discrete exceptions, people born in the United States are citizens of this country, irrespective of race, ethnicity, or national origin of their parents.
Can a sovereign citizen drive without a license?
Despite their claims, sovereign citizens are not immune to traffic laws. They can be ticketed for offenses such as speeding, driving without a license, or operating an unregistered vehicle.
Which Amendment gives the right to overthrow the government?
“From the floor of the House of Representatives to Truth Social, my GOP colleagues routinely assert that the Second Amendment is about 'the ability to maintain an armed rebellion against the government if that becomes necessary,' that it was 'designed purposefully to empower the people to be able to resist the force of ...
Why is the 14th Amendment controversial today?
The 14th Amendment is controversial today mainly due to debates over its application, particularly the Equal Protection Clause (used in affirmative action, LGBTQ+ rights, reproductive rights) and the Citizenship Clause (birthright citizenship for children of undocumented immigrants), sparking arguments about interpretation, federal power vs. state rights, and modern social issues versus original intent, especially concerning immigration.
What are my rights as a U.S. citizen?
U.S. citizens have fundamental rights including free speech, religion, press, assembly, and the right to bear arms, primarily guaranteed by the Bill of Rights (first ten amendments). Key citizenship rights include the ability to vote in federal elections, run for office, apply for federal jobs, and reside/work freely in the U.S., with protections for due process, fair trials, and protection from discrimination, ensuring equality and liberty for all people within its borders.
What is not protected by the 14th Amendment?
For many years, the Supreme Court ruled that the amendment did not extend the Bill of Rights to the states. Not only did the 14th Amendment fail to extend the Bill of Rights to the states; it also failed to protect the rights of Black citizens.
Does the 14th Amendment apply to noncitizens?
Yes, the 14th Amendment's protections, particularly the Due Process and Equal Protection Clauses, apply to non-citizens within the United States, ensuring fair treatment and rights like life, liberty, and property, regardless of their immigration status, though certain aspects of immigration enforcement have distinct legal frameworks. While the Citizenship Clause grants birthright citizenship, the general principle is that most constitutional rights extend to all persons physically present in the U.S.
What happens if someone violates the Constitution?
This will typically be in the form of a lawsuit against the party that violated your constitutional rights. Generally, that would include the police officer who arrested you, though there are other players in your situation who could be liable.
Can a president grant citizenship?
In the other cases, an Act of Congress was passed authorizing the President to grant honorary citizenship by proclamation. What rights and privileges honorary citizenship bestows, if any, are unclear. According to U.S. Department of State documents, it does not grant eligibility for U.S. passports.
What does article 3 of the 14th Amendment say?
Article 3 of the 14th Amendment, known as the Disqualification Clause, bars individuals who have engaged in "insurrection or rebellion" against the U.S. Constitution after taking an oath to support it from holding federal or state office, though Congress can remove this disability with a two-thirds vote. Originally created after the Civil War to prevent former Confederates from holding office, it applies to anyone who took an oath and then participated in an insurrection or aided its enemies, covering roles like Congress members, presidential electors, and state/federal officers.
Is citizenship a privilege or a right?
Citizenship is both a system of privilege and a source of social identity.
What is the loophole of the 14th Amendment?
The loophole is made possible by the United States' longstanding policy of granting citizenship to children born within its territorial borders regardless of whether the parents of such children have violated the nation's sovereignty by crossing the border illegally.
What are the limits of the 14th Amendment?
It is a broad power — however, the Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property. State and local governments are constitutionally obligated to ensure public safety.
What is the most controversial Amendment?
The Fourteenth Amendment was the most controversial and far-reaching of these three Reconstruction Amendments.
Who can overthrow the president?
The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors.
What does the 14th Amendment say about insurrection?
The 14th Amendment's "Insurrection Clause" (Section 3) disqualifies individuals who, after taking an oath to support the U.S. Constitution, have engaged in rebellion or insurrection against it, from holding federal or state office, though Congress can remove this disability with a two-thirds vote. This provision, added after the Civil War, aims to prevent former officials from regaining power after betraying their oath, becoming relevant again in discussions around events like the January 6th Capitol attack, with debates ongoing about its application and enforcement.
What rights are not absolute?
Constitutional rights are not and cannot always be absolute. There are limits to them. For example, a person cannot publish lies that destroy another person's reputation and claim that the right to free speech protects him or her from a lawsuit.
Is there a right to travel without a driver's license in the United States?
Yes, there's a constitutional right to travel in the U.S., but it's for moving between locations, not a right to operate a vehicle on public roads without following state laws, like getting a driver's license, which are considered reasonable safety regulations, not infringements on liberty, meaning you generally need a license to drive. Courts uphold the right to move freely but allow states to require licenses, registration, and insurance for operating cars, viewing these as conditions for using public highways, not a ban on travel itself.
Has a sovereign citizen ever won in traffic court?
As a result, it has grown significantly during times of economic or social crisis. Most schemes promoted by sovereign citizens aim to avoid paying taxes, ignore laws, eliminate debts, or extract money from the government. Sovereign citizen arguments have no basis in law and have never been successful in court.
Why do people think they don't need a driver's license to drive a car?
Theories have circulated online that the right to travel means a person does not need a driver's license to operate a vehicle on public roadways. This is not correct. The U.S. Constitution protects the right to travel, but that is not the same as the legal privilege of driving a motor vehicle on public highways.