At the time of the amendment's passage, President Andrew Johnson and three senators, including Trumbull, the author of the Civil Rights Act, asserted that both the Civil Rights Act and the Fourteenth Amendment would confer citizenship to children born to foreign nationals in the United States.
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 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.
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.
Seceded states would not be admitted back to the Union unless they ratified it. Johnson objected to the Fourteenth Amendment for several reasons. He argued that it was improper to amend the Constitution when Southern states were not represented in Congress.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
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 ...
On the one hand, the Court has insisted for more than a century that foreign nationals living among us are "persons" within the meaning of the Constitution, and are protected by those rights that the Constitution does not expressly reserve to citizens.
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.
Aliens in the United States, including those whose presence is not authorized by the federal government, are persons to whom the Fifth and Fourteenth Amendments apply.