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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 3 of the Fourteenth Amendment does not expressly require a criminal conviction, and historically, one was not necessary. Reconstruction Era federal prosecutors brought civil actions in court to oust officials linked to the Confederacy, and Congress in some cases took action to refuse to seat Members.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State ...
On June 16, 1866, the House Joint Resolution proposing the 14th Amendment to the Constitution was submitted to the states. On July 28, 1868, the 14th amendment was declared, in a certificate of the Secretary of State, ratified by the necessary 28 of the 37 States, and became part of the supreme law of the land.
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.
Kentucky, Delaware, and Maryland, as we have seen, rejected the proposed amendment outright, and California did so later. Ohio, New Jersey, and Oregon rescinded their ratifications. If the rescissions were allowed, only nineteen states, not the requisite twenty, would have ratified.
The Fifth and Fourteenth Amendments both contain a Due Process Clause, although the Fourteenth Amendment applies explicitly to the states.
The Fourteenth Amendment was ratified by Ohio on January 4; New York on January 10; Kansas on January 11; Illinois on January 15; West Virginia, Michigan, and Minnesota on January 16; Maine on January 19; Nevada on January 22; Indiana on January 23, and Missouri on January 25.
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 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.