Who is protected by article 14?
Asked by: Mr. Everett West | Last update: February 19, 2026Score: 4.7/5 (32 votes)
Article 14 protects all people within a state's jurisdiction by guaranteeing equal protection of the laws, preventing discrimination, and ensuring due process, fundamentally extending rights like citizenship and Bill of Rights protections (speech, religion, etc.) to everyone in the U.S., especially formerly enslaved people, solidifying fundamental rights against state infringement.
Who is protected under 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.
Does the 14th Amendment protect non-citizens?
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 does article 14 of the US Constitution say?
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.
Which government is restricted by the 14th Amendment?
While the Fourteenth Amendment's Due Process Clause incorporates the Bill of Rights against state governments, the Fifth Amendment's similar clause has been used for reverse incorporation of the Equal Protection Clause against the federal government.
Article 14 Fundamental Right Indian Constitution | With Case Laws | 14(1) & 14(2)
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 so controversial?
The 14th Amendment is controversial due to its "male" language (angering suffragists), its broad and debated interpretation (especially the Equal Protection Clause), Southern states' resistance during Reconstruction, and ongoing debates about its application to modern issues like abortion and LGBTQ+ rights, with critics arguing it oversteps federal power or has been used to invent rights not intended by the framers, according to this overview by Congress.gov.
What are the rules of Article 14?
Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
Are women's rights protected in the Constitution?
Enshrine The Equal Rights Amendment
Women were deliberately left out of the U.S. Constitution as they were not recognized as full citizens in 1787. Even today, centuries after it was enacted, the Constitution does not fully prohibit discrimination on the basis of sex.
Who is not subject to the jurisdiction of the United States?
When, then, children are born in the United States to the subjects of a foreign power, with which it is agreed by treaty that they shall not be naturalized thereby, and as to whom our own law forbids them to be naturalized, such children are not born so subject to the jurisdiction as to become citizens, and entitled on ...
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.
Are undocumented immigrants protected by the U.S. Constitution?
The Constitution guarantees due process rights to all "persons," not just citizens. This means non-citizens, including undocumented immigrants, are entitled to fair treatment under the law. This includes the right to defend themselves in court.
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.
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.
Why did President Johnson veto the Civil Rights Act?
Representative Henry Raymond of New York noted that the legislation was “one of the most important bills ever presented to this House for its action.” President Johnson disagreed with the level of federal intervention implied by the legislation, calling it “another step, or rather a stride, toward centralization and ...
Is citizenship a privilege or a right?
Citizenship is both a system of privilege and a source of social identity.
What is the 42 and 44 Amendment?
The 42nd Amendment (1976) significantly centralized power and restricted rights during India's Emergency, while the 44th Amendment (1978) was enacted to undo many of those changes, restore democratic safeguards, limit executive authority, and strengthen Fundamental Rights, like changing "internal disturbance" to "armed rebellion" for emergencies and making the President's advice binding only after one reconsideration.
What does the 27th Amendment say?
The 27th Amendment says that any law changing the salaries of U.S. Senators and Representatives cannot take effect until after the next election for the House of Representatives, preventing lawmakers from giving themselves immediate pay raises and giving voters a chance to weigh in. This amendment, originally proposed in 1789, was ratified in 1992, making it the most recent addition to the Constitution, with the longest ratification period in U.S. history.
What does article 7 of the U.S. Constitution say?
Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states needed to approve it through special state conventions for the Constitution to become the law of the land, replacing the Articles of Confederation. It established the conditions for the new government to take effect and included the date the Constitution was signed (September 17, 1787).
How is Article 14 enforced?
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
What are the key elements of article 14?
Article 14 is based on the core principle that all of us, no matter who we are, enjoy the same human rights and should have equal access to them. The protection against discrimination in the Human Rights Act is not 'free-standing'.
What is the Article 14 of the protocol?
Article 14 raises conceptual issues that need to be defined and or interpreted. These include the right to health, sexual and reproductive health, progressive realisation, adequate, affordable, accessible and acceptable health services, and the right to self-protection.
Why do women's rights leaders oppose the 14th Amendment?
This was the seed of the Fourteenth Amendment, which was expanded, debated, and revised until passed by the House and Senate. Woman suffrage advocates were upset with the Fourteenth Amendment's reference to “male inhabitants,” marking the first time that the distinction “male” appeared in the Constitution.
What is the most controversial Amendment?
The Fourteenth Amendment was the most controversial and far-reaching of these three Reconstruction Amendments.
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.