Fourteenth Amendment of the US Constitution -- Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and 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.

• The Fourteenth Amendment And States’ Rights
• Citizens Of The United States
• Privileges Or Immunities
• Due Process Of Law
  • Generally
  • Definitions
    • “Person”.
    • “Property” and Police Power.
    • “Liberty”.
  • The Rise and Fall of Economic Substantive Due Process: Overview
  • Regulation of Labor Conditions
    • Liberty of Contract.
    • Laws Regulating Working Conditions and Wages.
    • Workers’ Compensation Laws.
    • Collective Bargaining.
  • Regulation of Business Enterprises: Price Controls
    • Types of Businesses That May be Regulated.
    • Substantive Review of Price Controls.
    • Early Limitations on Review.
    • History of the Valuation Question.
  • Regulation of Public Utilities and Common Carriers
    • In General.
    • Compulsory Expenditures: Grade Crossings, and the Like.
    • Compellable Services.
    • Imposition of Statutory Liabilities and Penalties Upon Common Carriers.
  • Regulation of Businesses, Corporations, Professions, and Trades
    • Generally.
    • Laws Prohibiting Trusts, Restraint of Trade or Fraud.
    • Banking, Wage Assignments, and Garnishment.
    • Insurance.
    • Miscellaneous Businesses and Professions.
  • Protection of State Resources
    • Oil and Gas.
    • Protection of Property and Agricultural Crops.
    • Water, Fish, and Game.
  • Ownership of Real Property: Rights and Limitations
    • Zoning and Similar Actions.
    • Estates, Succession, Abandoned Property.
  • Health, Safety, and Morals
    • Health.
    • Safety.
    • Morality.
  • Vested and Remedial Rights
  • State Control over Local Units of Government
  • Taxing Power
    • Generally.
  • Jurisdiction to Tax
    • Generally.
    • Real Property.
    • Tangible Personalty.
    • Intangible Personalty.
    • Transfer (Inheritance, Estate, Gift) Taxes.
    • Corporate Privilege Taxes.
    • Individual Income Taxes.
    • Corporate Income Taxes: Foreign Corporations.
    • Insurance Company Taxes.
  • Procedure in Taxation
    • Generally.
    • Notice and Hearing in Relation to Taxes.
    • Notice and Hearing in Relation to Assessments.
    • Collection of Taxes.
    • Sufficiency and Manner of Giving Notice.
    • Sufficiency of Remedy.
    • Laches.
  • Eminent Domain
  • Fundamental Rights (Noneconomic Substantive Due Process)
    • Determining Noneconomic Substantive Due Process Rights.
    • Abortion.
    • Privacy after Roe: Informational Privacy, Privacy of the Home or Personal Autonomy?.
    • Family Relationships.
    • Liberty Interests of People with Mental Disabilities: Civil Commitment and Treatment.
    • “Right to Die”.
• Procedural Due Process Civil
  • Generally
    • Relevance of Historical Use.
    • Non-Judicial Proceedings.
    • The Requirements of Due Process.
  • The Procedure That Is Due Process
    • The Interests Protected: “Life, Liberty and Property”.
    • The Property Interest.
    • The Liberty Interest.
    • Proceedings in Which Procedural Due Process Need Not Be Observed.
    • What Process Is Due.
  • Jurisdiction
    • Generally.
    • In Personam Proceedings Against Individuals.
    • Suing Out-of-State (Foreign) Corporations.
    • Actions In Rem: Proceeding Against Property.
    • Quasi in Rem: Attachment Proceedings.
    • Actions in Rem: Estates, Trusts, Corporations.
    • Notice: Service of Process.
  • Power of the States to Regulate Procedure
    • Generally.
    • Commencement of Actions.
    • Defenses.
    • Costs, Damages, and Penalties.
    • Statutes of Limitation.
    • Burden of Proof and Presumptions.
    • Trials and Appeals.
  • Procedural Due Process—criminal Generally: The Principle of Fundamental Fairness
  • The Elements of Due Process
    • Initiation of the Prosecution.
    • Clarity in Criminal Statutes: The Void-for-Vagueness Doctrine.
    • Entrapment.
    • Criminal Identification Process.
    • Fair Trial.
    • Prosecutorial Misconduct.
    • Proof, Burden of Proof, and Presumptions.
    • The Problem of the Incompetent or Insane Defendant.
    • Guilty Pleas.
    • Sentencing.
    • Corrective Process: Appeals and Other Remedies.
    • Rights of Prisoners.
    • Probation and Parole.
    • The Problem of the Juvenile Offender.
    • The Problem of Civil Commitment.
• Equal Protection Of The Laws
  • Scope and Application
    • State Action.
    • “Person”.
    • “Within Its Jurisdiction”.
  • Equal Protection: Judging Classifications by Law
    • The Traditional Standard: Restrained Review.
    • The New Standards: Active Review.
  • Testing Facially Neutral Classifications Which Impact on Minorities
• Traditional Equal Protection: Economic Regulation and related exercises of the police power
  • Taxation
    • Classification for Purpose of Taxation.
    • Foreign Corporations and Nonresidents.
    • Income Taxes.
    • Inheritance Taxes.
    • Motor Vehicle Taxes.
    • Property Taxes.
    • Special Assessment.
  • Police Power Regulation
    • Classification.
  • Other Business and Employment Relations
    • Labor Relations.
    • Monopolies and Unfair Trade Practices.
    • Administrative Discretion.
    • Social Welfare.
    • Punishment of Crime.
• Equal Protection And Race
  • Overview
  • Education
    • Development and Application of “Separate But Equal”.
    • Brown v. Board of Education.
    • Brown’s Aftermath.
    • Implementation of School Desegregation.
    • Northern Schools: Inter- and Intradistrict Desegregation.
    • Efforts to Curb Busing and Other Desegregation Remedies.
    • Termination of Court Supervision.
  • Juries
  • Capital Punishment
  • Housing
  • Other Areas of Discrimination
    • Transportation.
    • Public Facilities.
    • Marriage.
    • Judicial System.
    • Public Designation.
    • Public Accommodations.
    • Elections .
  • “Affirmative Action”: Remedial Use of Racial Classifications
• The New Equal Protection
  • Classifications Meriting Close Scrutiny
    • Alienage and Nationality.
    • Sex.
  • Illegitimacy
  • Fundamental Interests: The Political Process
    • Voter Qualifications.
    • Access to the Ballot.
    • Apportionment and Districting.
    • Counting and Weighing of Votes.
  • The Right to Travel
    • Durational Residency Requirements.
  • Marriage and Familial Relations
  • Sexual Orientation
  • Poverty and Fundamental Interests: The Intersection of Due Process and Equal Protection
    • Generally.
    • Criminal Procedure.
    • The Criminal Sentence.
    • Voting and Ballot Access.
    • Access to Courts.
    • Educational Opportunity.
    • Abortion.

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.

• Apportionment Of Representation

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.

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.

• Disqualification And Public Debt

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

• Enforcement
  • Generally
  • State Action
  • Congressional Definition of Fourteenth Amendment Rights