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Fourteenth Amendment

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Declaration of Independence and U.S. Constitution.

States’ Rights to Racism

On the Thirteenth and Fourteenth Amendments, racism, and federal power.
by Brando Simeo Starkey via Literary Hub on June 5, 2025
Scroll and quill pen

Brutality and Opacity

Birthright citizenship under attack.
by Elisa Gonzalez via The Drift on May 29, 2025
Senator John Conness.

This Dead California Senator Can Save Birthright Citizenship

In the 19th century, John Conness defended the 14th Amendment and shut down proto-Trumpians.
by Joe Mathews via Zócalo Public Square on February 11, 2025
U.S. Capitol building

Searching for the Perfect Republic

On the 14th amendment – and if it might stop Trump.
by Eric Foner, Ted Widmer via The Guardian on November 15, 2023
Group of freedmen and women posing for a picture.

How Could ‘Freedmen’ Be a Race-Neutral Term?

An opinion from Justice Clarence Thomas exposed the limits of originalism.
by Adam Serwer via The Atlantic on July 7, 2023
U.S. Supreme Court Chief Justice William Rehnquist testifies to a House Financial Services subcommittee about minting coins in commemoration of former Chief Justice John Marshall on March 10, 2004.

There’s Unsettling New Evidence About William Rehnquist’s Views on Segregation

The Supreme Court Justice's defense of Plessy v. Ferguson in a 1993 memo continues to influence the court's interpretation of the 14th amendment.
by Dahlia Lithwick, Richard L. Hasen via Slate on June 1, 2023
Wong Kim Ark in a photograph from a federal immigration investigation case conducted under the Chinese Exclusion Acts.
partner

Everyone Born in the United States is a U.S. Citizen. Here’s Why.

From birthright freedom to birthright citizenship.
by Amanda Frost via Made By History on March 28, 2023
The American flag depicted upside down, in a beige color scheme.

Making the Constitution Safe for Democracy

The second section of the Fourteenth Amendment offers severe penalties for menacing the right to vote—if anyone can figure out how to enforce it.
by Anthony Conwright via The Forum on August 17, 2022
Political cartoon of Andrew Johnson holding a leaking kettle labeled "The Reconstructed South" towards a woman representing liberty and Columbia, carrying a baby representing the newly approved 14th Amendment.

The Pro-Democratic Fourteenth Amendment

At the heart of recent US Supreme Court decisions, the Fourteenth Amendment was framed to require free speech and free elections in the South.
by Garrett Epps, Livia Gershon via JSTOR Daily on July 22, 2022
Picture of the U.S. Supreme Court

Reading the 14th Amendment

A review of three books about Abraham Lincoln, the 14th Amendment, and Reconstruction.
by Earl M. Maltz via National Review on February 3, 2022
People holding protest signs

On the Fight for Black Voting Rights at the Turn of the 20th-Century

A rally at Faneuil Hall in support of the Fourteenth Amendment and congressional investigation of southern disfranchisement.
by Kerri K. Greenidge via Literary Hub on October 14, 2020
Drawing of two men on horse overlaid with writing regarding prejudice and civil rights

The 14th Amendment Was Meant to Be a Protection Against State Violence

The Supreme Court has betrayed the promise of equal citizenship by allowing police to arrest and kill Americans at will.
by David H. Gans via The Atlantic on July 19, 2020

The Real Origins of Birthright Citizenship

Its purpose 150 years ago was to incorporate former slaves into the nation.
by Martha S. Jones via The Atlantic on October 31, 2018

Can Trump Really End Birthright Citizenship?

Not directly. But it's more complicated than you think.
by Imani Perry via Colorlines on October 30, 2018

The Struggle Over the Meaning of the 14th Amendment Continues

The fight over the 150-year old language in the Constitution is a battle for the very heart of the American republic.
by Garrett Epps via The Atlantic on July 10, 2018

Citizens: 150 Years of the 14th Amendment

In 1868, black activists had already been promoting birthright as the basis of their national belonging for nearly half a century.
by Martha S. Jones via Public Books on July 9, 2018
Manuscript of the Fourteenth Amendment.

We Should Embrace the Ambiguity of the 14th Amendment

A hundred and fifty years after its ratification, some of its promises remain unfulfilled—but one day it may still be interpreted anew.
by Eric Foner via The Nation on July 9, 2018
partner

The 14th Amendment Solved One Citizenship Crisis, But It Created A New One

How birthright citizenship became a barrier for undocumented immigrants.
by Martha S. Jones via Made By History on July 9, 2017
Southern Pacific Railroad engine met by a crowd of people in wagons.
partner

The Birth of Corporate Personhood

How a legal footnote in a Santa Clara County railroad case and the judges who built on it created modern models of corporate personhood.
via BackStory on June 20, 2014

The Revolutionary Idea That Remade the New World

Birthright citizenship is distinctly American—but not in the way Trump thinks.
by Greg Grandin via The Atlantic on June 10, 2025
Children jump rope in the dirt yard of a Catholic school while their peers watch.

Pierce at 100

A century ago, the Court recognized the essential right of parents to direct the education of their children.
by Mark David Hall, Ernie Walton via Law & Liberty on May 30, 2025
A racially diverse group of children saying the Pledge of Allegiance while one holds an American flag.

Who Gets to Be an American?

Since the earliest days of the Republic, American citizenship has been contested, subject to the anti-democratic impulses of racism, suspicion, and paranoia.
by Michael Luo via The New Yorker on May 20, 2025
Flags of Native American tribes at Omaha Beach memorial.

No, Native American Citizenship Does Not Support Limits on Birthright Citizenship

This defense misconstrues both the Constitution and the Supreme Court decisions relying on it.
by Bethany Berger via Lawfare on March 12, 2025
Frances Thompson holding an umbrella.

Frances Thompson Survived a Race Massacre and Bravely Testified to Congress. Then She Was Slandered.

A Black transgender woman’s testimony helped ratify the 14th Amendment. Then conservatives began attacking her identity.
by Chelsea Bailey via CNN on February 16, 2025
New citizens swearing an oath to the US at a naturalization ceremony.

The Forgotten Meaning of the Citizenship Clause

Universal birthright citizenship was never the original intent.
by Amy Swearer via Law & Liberty on February 13, 2025
A crib drawn with Stars and Stripes symbolism.

Birthright Citizenship Is a Sacred Guarantee

The attack on it is a violation of the nation’s post–Civil War rebirth.
by David W. Blight via The Atlantic on January 27, 2025
A collage of the United States Constitution, seal, and a hand holding two small American flags.

The Attack on Birthright Citizenship Is a Big Test for the Constitution

Does the text mean what it plainly says?
by Adam Serwer via The Atlantic on January 22, 2025
Newborn babies sleeping in a maternity ward.

The Coming Assault on Birthright Citizenship

The Constitution is absolutely clear on this point, but will that matter?
by Amanda Frost via The Atlantic on January 7, 2025
Birthright citizenship form, with infant footprints stamped in black ink, on fire.

The Plot Against Birthright Citizenship

The incoming Trump administration wants to take away citizenship for the US-born children of undocumented immigrants. Here’s how.
by Isabela Dias via Mother Jones on November 26, 2024
Political cartoon showing Supreme Court Justice Sutherland handing a woman worker a decision on minimum wage.

The Most Conservative Branch

Stephen Breyer criticizes recent Supreme Court decisions and argues for a more pragmatic jurisprudence.
by Jed S. Rakoff via New York Review of Books on August 29, 2024
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