Amendment 14 of 27 · 1868
Fourteenth Amendment
Citizenship and equal protection
The one-line version
Almost everyone born here is a citizen, and states must give every person fair legal process and equal treatment under the law.
The Fourteenth Amendment in plain English
Section 1. Anyone born in the United States, or naturalized as a citizen here, is a citizen of the United States and of the state where they live. States cannot pass or enforce laws that take away the rights of U.S. citizens. States cannot take away anyone's life, freedom, or property without following fair legal procedures. And states cannot deny anyone, citizen or not, the equal protection of the laws.
Section 2. Representatives in Congress are divided among the states based on the number of people in each state, except that "Indians not taxed" are not counted. If a state denies the right to vote to male citizens age 21 or older, except for taking part in rebellion or other crime, that state's representation in Congress will be reduced in proportion.
Note: The words "male" and "twenty-one years of age" are out of date. The Nineteenth Amendment protects women's right to vote, and the Twenty-Sixth sets the voting age at 18. Congress has never used this section to reduce a state's seats.
Section 3. No person can serve as a Senator, Representative, presidential or vice presidential elector, or hold any federal or state office, civil or military, if they previously took an oath to support the Constitution and then engaged in insurrection or rebellion against the United States, or gave aid or comfort to its enemies. Congress can remove this disqualification by a two-thirds vote of each house.
Section 4. The validity of the public debt of the United States cannot be questioned. The United States and the states cannot pay any debt incurred to support insurrection or rebellion against the United States, or any claim for the loss of enslaved people who were freed.
Section 5. Congress has the power to enforce this amendment by passing appropriate laws.
Original text, 1868
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. 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 legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Phrase by phrase
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States
- If you were born in the United States or became a citizen here, and you are under U.S. law, you are a U.S. citizen.
and of the State wherein they reside
- You are also a citizen of the state where you live.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
- States cannot take away the rights that come with being a U.S. citizen.
nor shall any State deprive any person of life, liberty, or property, without due process of law
- States must follow fair legal steps before taking anyone's life, freedom, or property.
nor deny to any person within its jurisdiction the equal protection of the laws
- States must apply the law equally to every person, citizen or not.
excluding Indians not taxed
- Native Americans who lived under tribal government and did not pay state taxes were left out of the population count.
shall have engaged in insurrection or rebellion against the same
- Officials who swore to support the Constitution and then took part in an insurrection against it cannot hold office.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
- Congress can pass laws to enforce this amendment.
Picture it
Example. Not legal advice.
Your public high school wants to suspend you for three days. Before that happens, the school generally has to tell you why and let you tell your side. That is due process, and it comes from the Fourteenth Amendment. Private schools are not the government, so this rule does not apply to them.
What this means for you
The Bill of Rights also limits your state and city
The Bill of Rights first limited only the federal government. Because of the Fourteenth Amendment, most of it now also limits state and local governments. Courts call this incorporation, meaning applying a Bill of Rights protection to the states.
This is why your city police must follow the Fourth Amendment. It is also why your public school must respect your First Amendment rights.
Born here means citizen
If you were born in the United States, you are generally a U.S. citizen. In United States v. Wong Kim Ark (1898), the Supreme Court held that a child born here to Chinese parents was a citizen at birth.
In 2025, Executive Order 14160 tried to deny citizenship to some children born here. It covered children whose parents were in the country unlawfully or only temporarily. In Trump v. Barbara (2026), the Supreme Court held that these children are citizens, and it struck down the order.
Equal protection covers every person
The Equal Protection Clause protects "any person," not only citizens. It is the legal basis for many protections against discrimination by state governments, such as discrimination based on race or sex. The Fifth Amendment gives similar protection against the federal government.
Fair process before the government acts
States must follow fair steps, called due process, before taking your life, freedom, or property. In Goss v. Lopez (1975), the Court said a public school student facing a short suspension must be told why and get a chance to respond. The Fifth Amendment requires due process from the federal government.
Section 3 and who enforces it
Section 3 bars some people from office if they took an oath to support the Constitution and then engaged in insurrection. In Trump v. Anderson (2024), the Supreme Court held that states cannot enforce Section 3 against candidates for federal office. The Court said that role belongs to Congress. All nine justices agreed on the result, but four disagreed with part of the reasoning.
Myth check
MythThe Bill of Rights has always applied to my state and local police.
FactAt first it limited only the federal government. Through the Fourteenth Amendment, courts have applied most of it to state and local governments too, mostly during the 1900s.
MythEqual protection only protects citizens.
FactIt covers any person in a state. In Plyler v. Doe (1982), the Court said a state could not deny free public school to children because they were in the country unlawfully.
MythWhether a baby born here is a citizen depends on the parents' immigration status.
FactIn Trump v. Barbara (2026), the Supreme Court held that children born on U.S. soil are citizens, including children of parents here temporarily or unlawfully.
Common questions
What does the 14th Amendment say in simple terms?
It means people born or naturalized in the United States are citizens. It also requires states to follow fair legal process and to give every person equal protection of the laws. Through it, most of the Bill of Rights now limits state and local governments.
Is everyone born in the US a citizen?
Almost everyone. The Citizenship Clause covers people born here and "subject to the jurisdiction thereof." In Trump v. Barbara (2026), the Supreme Court held that this includes children of parents here temporarily or unlawfully. Narrow exceptions exist, such as children of foreign diplomats.
What is equal protection?
It means a state must treat people equally under the law. The Equal Protection Clause covers any person, not only citizens. It is the basis for Brown v. Board of Education (1954), which held that racially segregated public schools are unconstitutional. The Fifth Amendment gives similar protection against the federal government.
What is due process?
It means the government must follow fair steps before taking your life, freedom, or property. Usually that includes notice and a chance to be heard. In Goss v. Lopez (1975), the Supreme Court said a public school student facing a short suspension must be told why and get to respond.
Does the Bill of Rights apply to the states?
Yes, mostly. At first it limited only the federal government. Through the Fourteenth Amendment, courts have applied most of it to state and local governments. This is called incorporation. For example, McDonald v. City of Chicago (2010) applied the Second Amendment to the states.
What does Section 3 of the 14th Amendment mean?
It means some people cannot hold office if they swore an oath to support the Constitution and then engaged in insurrection or rebellion. In Trump v. Anderson (2024), the Supreme Court held that states cannot enforce this rule against candidates for federal office. The Court said that role belongs to Congress.
Go deeper
The scene · 1868
In 1857, the Supreme Court said in Dred Scott v. Sandford that Black Americans could not be U.S. citizens. After the Civil War, Southern states passed "Black Codes" that limited where freed people could work, travel, and own land. Congress wrote the Fourteenth Amendment to overturn Dred Scott and stop states from denying people basic rights. It was ratified in 1868.
Back then
The Thirteenth Amendment ended slavery, but it did not say who was a citizen or what rights citizens had. Southern states used new laws and violence to control freed people. Congress passed the Civil Rights Act of 1866 to protect them. Lawmakers then wrote those protections into the Constitution so a later Congress or court could not easily undo them.
Words that changed
- “subject to the jurisdiction thereof”
ThenUnder U.S. authority. In 1898, the Court said it left out children of foreign diplomats and of enemy forces occupying U.S. land.
NowIn 2026, the Court held it includes children whose parents are in the country temporarily or unlawfully.
- “due process”
ThenThe legal steps the government must follow before punishing someone or taking their property.
NowFair procedures, such as notice and a hearing. Courts also use it to protect some basic rights that are not listed, which is debated.
- “Indians not taxed”
ThenNative Americans living under tribal government who did not pay state taxes.
NowIn 1924, Congress made all Native Americans born in the United States citizens.
Key cases
- 1898
United States v. Wong Kim Ark
A child born in the United States to Chinese parents who lived here was a U.S. citizen at birth.
- 1954
Brown v. Board of Education
Racially segregated public schools violate the Equal Protection Clause.
- 1975
Goss v. Lopez
A public school student facing a suspension of 10 days or less must be told the reason and given a chance to respond.
- 2024
Trump v. Anderson
States cannot enforce Section 3 against candidates for federal office; the Court said that role belongs to Congress.
- 2026
Trump v. Barbara
Children born on U.S. soil are citizens, including children of parents here temporarily or unlawfully, so Executive Order 14160 was invalid.
More history and context
The Fourteenth Amendment was ratified on July 9, 1868. It was the second of the three Reconstruction Amendments. It was written to secure the citizenship and civil rights of formerly enslaved people. It also limits what state governments can do to the people who live there.
Its ratification was contested. Several Southern states first refused to ratify it. Congress then required them to ratify it before they could return to full representation in Congress. Some scholars have questioned this process, but courts have treated the amendment as valid.
Section 1 has four clauses. The Citizenship Clause overturned Dred Scott v. Sandford (1857). In United States v. Wong Kim Ark (1898), the Court held that a child born here to Chinese parents was a citizen. In Trump v. Barbara (2026), the Court held that the clause also covers children of parents here temporarily or unlawfully, and it struck down Executive Order 14160. Chief Justice Roberts wrote the main opinion.
The Privileges or Immunities Clause was narrowed sharply by the Slaughter-House Cases (1873) and has played a small role since. The Due Process Clause is the basis for applying most of the Bill of Rights to the states. Courts also use it to protect some rights that are not listed, which is debated. In Dobbs v. Jackson Women's Health Organization (2022), the Court held that the Constitution does not protect a right to abortion.
The Equal Protection Clause is the basis for major civil rights rulings. These include Brown v. Board of Education (1954), Loving v. Virginia (1967), and Obergefell v. Hodges (2015).
Section 2 was a compromise. It did not give Black men the right to vote directly. Instead, it threatened to reduce a state's seats in Congress if the state denied the vote to adult male citizens. The Fifteenth Amendment, ratified two years later, banned race discrimination in voting directly.
"Indians not taxed" referred to Native Americans who lived under tribal government and did not pay state taxes. Many Native Americans were not U.S. citizens until the Indian Citizenship Act of 1924.
Section 3 was used after the Civil War to keep former Confederate officials out of office. Congress lifted the bar for most of them in 1872 and for the rest in 1898. In Trump v. Anderson (2024), the Court held that states cannot enforce Section 3 against candidates for federal office.
Section 4 made sure the United States would pay its Civil War debts and that Confederate debts would never be paid. It also banned paying former enslavers for the people who were freed. The clause has come up in modern debates about the federal debt limit, but courts have said little about it.
Actively contested
Courts are still deciding parts of this. Open questions include:
- Who can enforce Section 3 after Trump v. Anderson (2024)
- Which unlisted rights the Due Process Clause protects
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