Scholars Edition: Jeffrey Rosen, 14th Amendment

Main Ideas, Concepts, and Lessons

• Purpose of the 14th Amendment

  • Often described as one of the “crown jewels” of U.S. constitutional history.
  • Framed as fulfilling the promise of equality—echoing Thomas Jefferson’s Declaration of Independence—after the Civil War.

• How to Read the Amendment

  • The text can be explored through the Interactive Constitution, available in the App Store and at constitutioncenter.org.

• Three Major Clauses of the 14th Amendment

  1. Privileges or Immunities Clause

     • Core rule: States may not pass or enforce laws that abridge the “privileges or immunities” of U.S. citizens.
     • Purpose explained:
       • Linked to John Bingham, a key drafter who wanted to prevent states from undermining fundamental rights tied to citizenship.
       • Intended to make many rights recognized at the federal level (including much of the Bill of Rights) applicable against states.
     • Rights described as covered:
       • Many rights associated with the original Bill of Rights (e.g., free speech; freedom from unreasonable searches and seizures).
       • Civil rights such as the ability to make contracts and sue/be sued.
       • The rights were described as having been denied by Southern states to African Americans after the Civil War.
     • Historical legal development:
       • The Supreme Court largely narrowed (and effectively “read out” much of) the clause’s force in The Slaughterhouse Cases.
       • As a result, incorporating the Bill of Rights against states took a different route—through the Due Process Clause—over roughly the next 100 years.

  2. Due Process Clause

     • Core rule: States may not deprive any person of life, liberty, or property without due process of law.
     • Who it protects:
       • Applies to all persons, not only citizens (includes citizens and aliens).
     • Meaning as interpreted by the Supreme Court:
       • Some rights/liberties are treated as so fundamental that they cannot be taken away without especially strong justification—even if “due process” procedures are followed.
     • Substantive due process
       • The video explains that some protected liberties are not explicitly written in the Constitution, yet are still protected under the Due Process Clause.
       • This doctrine is called substantive due process.
       • Examples given:
         • Lochner v. New York (Progressive Era): contract rights treated as so fundamental they could not be deprived under the Due Process Clause.
         • Roe v. Wade (1973): reproductive choice treated as a fundamental liberty protected by the Due Process Clause.
     • Controversy highlighted:
       • One view argues courts should enforce only rights clearly found in the Constitution’s original text.
       • Another supports broader protection of fundamental rights recognized through doctrines like substantive due process.
     • Suggested learning approach:
       • Read cases such as Lochner and Roe v. Wade.
       • Compare majority opinions and dissents, then form your own judgment.

  3. Equal Protection Clause

     • Core rule: States may not deny any person within their jurisdiction equal protection of the laws.
     • Original post–Civil War intent described:
       • Required extension of basic civil rights to all persons (including both white and Black citizens, and also aliens).
     • Initial setback:
       • The Supreme Court initially permitted “separate but equal” railway cars and required racial separation—described as upheld by the Supreme Court soon after the amendment.
     • Brown v. Board of Education (1954):
       • Overturned the “separate but equal” doctrine for public education.
       • Held that separate educational facilities are inherently unequal.
       • Reasoning emphasized that segregation harms by creating feelings of inferiority and stigma, inconsistent with the 14th Amendment’s equality promise.
     • Lesson/legacy emphasized:
       • The 14th Amendment “neither knows nor tolerates classes among citizens.”
       • Brown is presented as ensuring the Amendment’s equality promise became constitutional reality.

Methodology / How to Study Substantive Due Process

• How to study and form an opinion
  • Read relevant Supreme Court decisions, specifically:
    • Lochner v. New York
    • Roe v. Wade
  • Review:
    • The majority opinions
    • The dissenting opinions
  • Use those readings to “make up your own mind.”

Speakers and Sources Featured

• Speakers (as implied by the narration)

  • Jeffrey Rosen (mentioned in the video title: “Scholars Edition: Jeffrey Rosen, 14th Amendment”)
  • The narrator/host (unnamed, but present throughout)

• Historical / legal sources and references

  • John Bingham
  • Thomas Jefferson (Declaration of Independence)
  • The Supreme Court
  • The Slaughterhouse Cases
  • Lochner v. New York
  • Roe v. Wade (1973)
  • Brown v. Board of Education (1954)
  • The Interactive Constitution (constitutioncenter.org; also in the App Store)
  • Lincoln / Gettysburg reference