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14th Amendment On Insurrection In Franklin
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Franklin
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US-000280
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FAQ
The Senate version passed on June 8, and five days later, the House agreed to approve that final version. President Andrew Johnson was notified that the amendment was being sent to the states for ratification, and he publicly expressed his disapproval.
Engaging in Insurrection and Rebellion The U.S. Constitution does not define insurrection or rebellion.
Passed by Congress June 13, 1866, and ratified July 9, 1868, the 14th Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people.
The Fourteenth Amendment is an amendment to the United States Constitution that was adopted in 1868. It granted citizenship and equal civil and legal rights to African Americans and enslaved people who had been emancipated after the American Civil War.
In the end, Johnson refused to sign the bill because he believed Congress had no right to guarantee citizenship within the states or to enforce legislation on the individual states.
The Republicans then passed the Reconstruction Act of 1867, which set the conditions the Southern states had to accept before they could be readmitted to the union, including ratification of the 14th Amendment.
Section 5 grants Congress the power to enforce the Amendment by "appropriate legislation." After adopting the Fourteenth Amendment, Congress passed legislation that criminalized insurrection. Today, this law is codified in 18 U.S. Code § 2383.
However, presidential invocation of the act might not be necessary. Two constitutional powers also arguably authorize Congress to determine the occurrence of an insurrection by legislation: the Militia Clause and Section 5 of the Fourteenth 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.
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. Section 2.
