Section 2 and Voting Rights

The Fourteenth Amendment's Section 2 aimed to prevent states from disenfranchising African American men through ostensibly race-neutral criteria

Modifications and the Fifteenth Amendment

Modifications in the Senate

The Senate modified the initial proposal of Section 2, leading to a final version that penalized states for denying the vote to male citizens over twenty-one, except as a punishment for crime

The Fifteenth Amendment

The Fifteenth Amendment explicitly prohibited the denial of the right to vote based on race, color, or previous condition of servitude

Attempts to Enforce and Struggle for Equal Voting Rights

The enforcement of the Fourteenth Amendment's provisions on voting rights faced significant obstacles, leading to the continued use of tactics to suppress African American suffrage until the passage of the Voting Rights Act of 1965

Landmark Supreme Court Decisions

The Fourteenth Amendment has had a lasting impact on the legal landscape of voting rights, influencing several landmark Supreme Court decisions

Minor v. Happersett (1875)

In Minor v. Happersett, the Court held that the Constitution did not grant women the right to vote, referencing the Fourteenth Amendment's language on voting rights being limited to male citizens

Richardson v. Ramirez (1974)

In Richardson v. Ramirez, the Court upheld the disenfranchisement of felons, citing Section 2 of the Fourteenth Amendment

Hunter v. Underwood (1985)

In Hunter v. Underwood, the Court struck down a provision of Alabama's constitution that disenfranchised individuals for certain crimes, ruling that it was racially discriminatory and violated the Equal Protection Clause of the Fourteenth Amendment

Criticism of the Fourteenth Amendment

The Fourteenth Amendment has been subject to criticism for its perceived limitations and its initial failure to explicitly prohibit race-based voting discrimination

Amendments and Reconciliatory Measures

In response to the amendment's shortcomings, Congress passed amnesty laws over time, removing voting disqualifications from former Confederates

Contemporary Relevance

The Fourteenth Amendment continues to be invoked in contemporary times, particularly in cases concerning the disqualification of public officials who participate in insurrection or rebellion against the United States

Section 3 and Disqualification from Office

Section 3 of the Fourteenth Amendment gained renewed attention in the wake of the January 6, 2021, attack on the United States Capitol, with discussions about its potential application to disqualify elected officials who supported or incited the insurrection

Legal Actions and Outcomes

Legal actions invoking Section 3 have been initiated against various politicians, resulting in a variety of outcomes

Ongoing Debates and Importance of the Fourteenth Amendment

The ongoing legal and political debates highlight the Fourteenth Amendment's continued importance in safeguarding the principles of American democracy and maintaining the integrity of its political institutions