We are looking at two Amendments today: Amendments XIII and XIV. They are two of the most important Amendments to our Constitution. Amendment XIII abolished slavery. Amendment XIV covered birthright citizenship, equal protection under the law, due process, disqualifies from serving in the government any who participate in insurrection, and more.
The transcript is from National Archives (archives.gov). Explanations bolded and italicized.
Amendment XIII
Section 1.
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Section 2.
“Congress shall have power to enforce this article by appropriate legislation.”
Amendment XIII abolished slavery. Unfortunately, it did make provision for slavery or involuntary servitude where a person was duly convicted. This provision set in motion the Jim Crow era in the South, where local sheriffs would round up Black males for no real crime, but rather, because local farmers needed labor. So these men were convicted and sentenced to work in the fields. This is called “peonage”. Even though Congress gave itself the power to enforce the Amendment, little was done to right the situation for decades.
Amendment XIV
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
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.”
Birthright Citizenship Clause
This Amendment guaranteed that all formerly enslaved persons and anyone who was born or naturalized in the United states is a citizen of the United States (and also of the state where they live).
Privileges and Immunities Clause
No State can make laws against the privileges or immunities of US citizens.
Due Process Clause and Equal Protection Clause
No person can be deprived of life, liberty or property without due process of the law. Also people cannot be deprived of 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.”
Representatives for Congress are based on the number of persons in each state (except at that time- Native Americans). However, if any person is denied the right to vote in federal elections, the state’s number of representatives will be reduced in proportion to the number of male citizens twenty-one years old and older.
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.“
If a person has participated in insurrection or rebellion, or given aid or comfort to an enemy, that person cannot hold an office in the government or military. (However, Congress can issue a forgiveness by two-third’s vote.
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.“
The US government will pay its debts, but not the debts of the Confederacy.
Section 5.
“The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.“
Congress gave itself the power to enforce.
*Changed by section 1 of the 26th amendment.
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