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Because many states continued to pass laws that restricted the rights of former slaves, on June 13, 1866, Congress passed and sent to the states for ratification, Amendment XIV. Ratified on July 9, 1868, the amendment granted U.S. citizenship to former slaves and specifically changed the rule in Article 1, Section 2 that slaves be counted only as three-fifths of a person for purposes of representation in Congress. It also contained three new limits on state power: a state shall not violate a citizen's privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection of the laws.
These limitations on state power dramatically expanded the protections of the Constitution. Prior to the adoption of the Fourteenth Amendment, the protections in the Bill of Rights limited only the actions of the federal government, unless the provision specifically stated otherwise. The Supreme Court, in what is called "the doctrine of incorporation" has since interpreted the Fourteenth Amendment to apply most provisions in the Bill of Rights against state and local governments as well. This has meant that the Fourteenth Amendment has been used more frequently in modern court cases than any other constitutional provision.
Guaranteed Rights of Citizenship to all Persons Born or Naturalized: The right of citizenship in the Fourteenth Amendment was intended to overturn the case of Dred Scott v. Sanford, a decision that had long been considered as one of the Supreme Court's worst mistakes. Dred Scott, born into slavery, argued that he should be granted freedom from the family that claimed ownership over him because he had lived in free states and thus had become a citizen of the United States before returning to Missouri, a state where slavery was sanctioned.
Chief Justice Taney, denying Scott's appeal, held that African Americans were not citizens, and therefore were "not included, and were not intended to be included, under the word citizens." By specifically granting citizenship to all persons born or naturalized, the Fourteenth Amendment has not only guaranteed citizenship to former slaves but to most children born within the United States, even if the child's parents are not and cannot become citizens.
Amendment XIV, however, limited the broad grant of citizenship to those "subject to U.S. jurisdiction." As a result, Native Americans, who were governed by tribal law, were not guaranteed citizenship by this amendment. Many Native Americans became citizens by a variety of means such as marriage, treaties, or military service. But with the passage of the Indian Citizenship Act of 1924, Congress granted the rights of citizenship to all Native Americans.
Privileges and Immunities: Within five years of its adoption, the privileges and immunities clause of the Fourteenth Amendment was interpreted very narrowly by the U.S. Supreme Court. In In Re Slaughter-House Cases, the Court rejected the argument that the provision gave the federal government broad power to enforce civil rights, finding that to do so would infringe on a power that had and should belong to the states. The Court found that the only privileges protected by the clause are those "which owe their existence to the Federal Government, its National character, its Constitution, or its laws," all of which are already protected from state interference by the supremacy clause in Article VI. Subsequent cases have recognized several federal privileges such as the right to travel from state to state, the right to petition Congress for a redress of grievances, the right to vote for national officers, and so forth, but other efforts to broaden the meaning of this clause have been rejected.
The Fourteenth Amendment changed federalism by incorporating, for the first time, a check on state power by the national government. Critics say it all but did away with state sovereignty, while supporters say that the amendment was vital to protecting individuals from abuses by state governments. The Seventeenth Amendment also changed federalism by providing for direct election of Senators.