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The 14th Amendment Protects the Right to a Public Education

Over the years, the 14th Amendment of the United States Constitution has had an enormous impact on protecting individual rights in public elementary and secondary education. This has occurred through the United States Supreme Court’s interpretation of the Equal Protection Clause, the Due Process Clause, and the incorporation of other rights (like freedom of speech) to the states through the 14th Amendment.

Equal Protection Clause

The Equal Protection Clause of the 14th Amendment provides that a state may not “deny to any person within its jurisdiction the equal protection of the laws.” It applies to public elementary and secondary schools, as they are considered to be state actors. In 1954, the Supreme Court interpreted the Equal Protection Clause’s requirements in  Brown v. Board of Education . In perhaps one of the most famous and important cases issued by the Court, it stated:

We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs…are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the 14th Amendment.

That language, and the Court’s decision, had a dramatic impact on public education. Schools were required to end the discriminatory practice of segregating students based on race. While segregation was more prevalent in some states than in others, all public schools in all states that had segregated students needed to desegregate, or face claims that they were in violation of the 14th Amendment. What followed was roughly 50 years of desegregation efforts in public schools, and numerous court decisions regarding the constitutionality of those desegregation efforts.

Over time, the focus evolved from ending and remedying the vestiges of discriminatory practices to integration efforts that sought to promote the diversity of the student population in public schools. In some instances, these integration efforts were voluntary, meaning they were done by schools that had not segregated students in the past. These integration efforts continue to this day, and the predominant legal issues revolve around the extent to which race can be used as a factor in the assignment of students to certain schools in order to diversify the student body.

The language, and the logic, of the  Brown v. Board  decision also found its way into other types of Equal Protection claims. For example, in the mid-1970s, students with disabilities challenged their exclusion from public school on equal protection grounds. Two very influential lower court decisions,  PARC v Commonwealth of Pennsylvania , and  Mills v. Board of Education of the District of Columbia , relied on  Brown v. Board  and determined that students with disabilities could not be excluded from public school because of their disabilities.

Those court decisions led to a federal statute that imposed similar requirements on all public schools that accepted certain federal funds. That law turned into the Individuals with Disabilities Education Act (IDEA), which today applies to all public schools. The law requires public schools to provide all students with disabilities with a  Free and Appropriate Public Education (FAPE) . It also prohibits schools from expelling or suspending students with disabilities for longer than 10 days, when the student’s actions are caused by their disability.

Due Process Clause

Due process is another area of the 14th Amendment that has had a dramatic impact on individual rights in public education. The Due Process Clause says that states may not “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has interpreted this clause to have substantive and procedural protections. With substantive due process, the 14th Amendment protects a parent’s right to direct the educational upbringing of their child. Because of this right, the Supreme Court ruled that a state statute that prohibited the teaching of foreign language, and a state statute that required all students to attend public schools, as opposed to private schools, violated the 14th Amendment. See  Meyer v. Nebraska  and  Pierce v. Society of Sisters . The Court also ruled that a state statute that required Amish children to attend school past the eighth grade violated the substantive due process rights, and the religious freedom rights, of Amish parents to direct the educational and religious upbringing of their children. See  Wisconsin v. Yoder .

As a result of these substantive due process protections, all states currently have exceptions in their state compulsory attendance statutes that require students of certain ages to attend school. The exceptions allow for attendance at private schools, religious schools, and homeschool to meet the compulsory attendance requirements.

The procedural due process protections of the 14th Amendment have also played an important role in public education, particularly in the areas of student discipline and teacher employment. With student discipline, the Supreme Court has ruled that students have a “legitimate entitlement to a public education as a property right.” See  Goss v. Lopez . That right may not be taken away without first providing due process protections, which are generally notice of what the student is accused of doing, and the opportunity to be heard before the student is disciplined.

The required amount of notice and opportunity to be heard increases as the severity of the discipline increases. With minor disciplinary actions, an informal discussion with the principal may be sufficient to meet the requirements. For more severe discipline, such as expulsion, a more detailed hearing is generally required to give the student a chance to present evidence, and to cross-examine witnesses. As a result of these constitutional due process protections, all states have enacted statutes and regulations that provide due process protections for students during the discipline process.

A similar due process right applies to tenured teachers at public elementary and secondary schools. Once a teacher receives tenured status, they have a property interest in their continued employment, and must be provided with notice and a hearing before it may be taken away from them. See  Perry v. Sindermann .

Incorporation

The third area where the 14th Amendment has impacted public schools is in the application of other constitutional rights to the states through the 14th Amendment, via a concept known as  incorporation . Perhaps the biggest impact here has been the First Amendment’s right to free speech, although other protections like freedom of religion have also made their mark on public education.

In the area of free speech, the Supreme Court has said that students and teachers do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” See  Tinker v. Des Moines . While courts do give some deference to school administrators in making decisions about whether to prohibit certain student speech, the First Amendment requires schools to justify their decisions when they infringe on free speech rights. The level of justification required depends on the nature of the speech, and the nature of the restriction.

For example, in  Tinker v. Des Moines , students were protesting the Vietnam War by wearing armbands, and the school disciplined the students for doing so. The Supreme Court ruled that the discipline violated the First Amendment, because the school could not show that the speech could reasonably be expected to cause a substantial disruption with school activities or the rights of others. By contrast, in  Morse v. Frederick , the Supreme Court deferred to a school administrator’s judgment that a sign that said “Bong Hits 4 Jesus” promoted drug use, and upheld the discipline of the students that displayed the sign at a school event.

These are just a few examples of the many ways that the 14th Amendment impacts individual rights in public education. Many of these issues arise on a daily basis in public schools, and the 14th Amendment provides some constitutional protections of individual rights that schools must take into account when addressing them.

Scott F. Johnson

Scott F. Johnson is a Professor of Law at Purdue Global Law School (formerly Concord Law School), where he teaches Education Law and Special Education Law, among other topics. He has written a number of books and articles in the education law area. Professor Johnson’s law practice included education and special education cases, and he currently serves as a special education hearing officer for a state agency.

The views expressed in this article are solely those of the author and do not represent the view of Purdue Global Law School.

Employment and Career Advancement:  Purdue Global Law School cannot guarantee employment or career advancement.

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Education, Science and Technology, Arts, Culture and Sports (Article XIV, Philippine Constitution): Full Text

ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY,ARTS, CULTURE AND SPORTS

( 1987 philippine constitution ).

Section 1 . The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

Section 2 . The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;

(2) Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.

Section 3 . (1) All educational institutions shall include the study of the Constitution as part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster lover of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Section 4 .(1) The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.

(2) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.

Section 5 . (1) the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

Section 6 . The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.

Section 7 . For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8 . This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

Section 9 . The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.

Science and Technology

Section 10 . Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self- reliant scientific and technological capabilities, and their application to the country’s productive systems and national life.

Section 11 . The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

Section 12 . The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

Section 13 . The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.

Arts and Culture

Section 14 . The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

Section 15 . Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.

Section 16 . All the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.

Section 17 . The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

Section 18 . (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.

Section 19 . (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.

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Article 14 New York State Higher Education Services Corporation

Accessed: Sep. 7, 2024

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Blank Outline Levels

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ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS (1987 Philippine Constitution

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EDUCATION Section 1. The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all. Section 2. The State shall: 1. Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society; 2. Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age; 3. Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged ; 4. Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and 5. Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills. Section 3. 1. All educational institutions shall include the study of the Constitution as part of the curricula. 2. They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency. 3. At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

education article 14

Melanesia Eva

theresa custodio

Rhea Pascua

John Nhoel Bernabe

Preamble: We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

Eduardo Encarnacion

Jay Lord Soriano

Benjamin Joseph Y. Geronimo

TONI EIFFER TENTEN REMUDARO

The 1987 Philippine Constitution

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UNDRIP Article 14: Right to Education

Article 14 of the UN Declaration on the Rights of Indigenous Peoples states: 1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.

2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.

3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.

PRODUCTION Script by Shaldon Ferris (KhoiSan) Voiceover by Leigh-Anne Willemse

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Fourteenth Amendment  Equal Protection and Other Rights

  • Overview of Fourteenth Amendment, Equal Protection and Rights of Citizens
  • State Action Doctrine
  • Due Process Generally
  • Historical Background on Citizenship Clause
  • Citizenship Clause Doctrine
  • Loss of Citizenship
  • Privileges or Immunities of Citizens and the Slaughter-House Cases
  • Modern Doctrine on Privileges or Immunities Clause
  • Overview of Incorporation of the Bill of Rights
  • Early Doctrine on Incorporation of the Bill of Rights
  • Modern Doctrine on Selective Incorporation of Bill of Rights
  • Overview of Procedural Due Process
  • Liberty Deprivations and Due Process
  • Property Deprivations and Due Process
  • Overview of Procedural Due Process in Civil Cases
  • Due Process Test in Mathews v. Eldridge
  • Notice of Charge and Due Process
  • Opportunity for Meaningful Hearing
  • Impartial Decision Maker
  • Additional Requirements of Procedural Due Process
  • Power of States to Regulate Procedures
  • Statutes of Limitations and Procedural Due Process
  • Burdens of Proof and Presumptions
  • Overview of Procedural Due Process in Criminal Cases
  • Impartial Judge and Jury
  • Identification in Pre-Trial Process
  • Plea Bargaining in Pre-Trial Process
  • Guilt Beyond a Reasonable Doubt
  • Evidentiary Requirements in Criminal Cases
  • Competency for Trial
  • Due Process Rights of Juvenile Offenders
  • Overview of Criminal Cases and Post-Trial Due Process
  • Criminal Appeals and Procedural Due Process
  • Probation, Parole, and Procedural Due Process
  • Prisoners and Procedural Due Process
  • State Taxes and Due Process Generally
  • Assessment of State Taxes and Due Process
  • Notice of State Taxes and Due Process
  • Collection of State Taxes and Due Process
  • Parental and Children's Rights and Due Process
  • Protective Commitment and Due Process
  • Overview of Substantive Due Process
  • Overview of Economic Substantive Due Process
  • Liberty of Contract and Lochner v. New York
  • Laws Regulating Working Conditions and Wages
  • Overview of Noneconomic Substantive Due Process
  • Historical Background on Noneconomic Substantive Due Process
  • Informational Privacy, Confidentiality, and Substantive Due Process
  • Family Autonomy and Substantive Due Process
  • Marriage and Substantive Due Process
  • Sexual Activity, Privacy, and Substantive Due Process
  • Abortion, Roe v. Wade, and Pre-Dobbs Doctrine
  • Restrictions on Abortion Funding
  • Abortion, Dobbs v. Jackson Women’s Health Organization, and Post-Dobbs Doctrine
  • Right to Refuse Medical Treatment and Substantive Due Process
  • Physician Assisted-Death and Substantive Due Process
  • Civil Commitment and Substantive Due Process
  • Void for Vagueness
  • Overview of Personal Jurisdiction and Due Process
  • Personal Jurisdiction from Founding Era to 1945
  • Modern Doctrine on Personal Jurisdiction
  • Minimum Contact Requirements for Personal Jurisdiction
  • Reasonableness Test for Personal Jurisdiction
  • State Taxing Power
  • State Jurisdiction to Tax
  • Real Property and Tangible Personalty
  • Intangible Personalty
  • Transfer (Inheritance, Estate, Gift) Taxes
  • Corporate Privilege Taxes
  • Individual Income Taxes
  • Corporate Income Taxes and Foreign Corporations
  • Insurance Company Taxes
  • Facially Neutral Laws Implicating Suspect Classifications
  • Sexual Orientation-Based Classifications
  • Overview of Race-Based Classifications
  • Equal Protection and Rational Basis Review Generally
  • Marriage and Facially Non-Neutral Laws
  • Judicial System and Facially Non-Neutral Laws
  • Public Designation and Facially Non-Neutral Laws
  • Public Accommodations and Facially Non-Neutral Laws
  • Political Process Doctrine
  • Peremptory Challenges
  • Brown v. Board of Education
  • Aftermath of Brown v. Board of Education
  • Implementing School Desegregation
  • Scope of Remedial Desegregation Orders and Ending Court Supervision
  • Remaining Vestiges of Unconstitutional Racial Segregation
  • Overview of Segregation in Other Contexts
  • Housing and Segregation
  • Transportation and Segregation
  • Public Facilities and Segregation
  • Private Businesses and Segregation
  • Early Doctrine on Appropriate Scrutiny
  • Modern Doctrine on Appropriate Scrutiny
  • Voting Rights Generally
  • Voter Qualifications
  • Partisan Gerrymandering
  • Equality Standard and Vote Dilution
  • Inequalities Within a State and Vote Dilution
  • Racial Vote Dilution and Racial Gerrymandering
  • Ballot Access
  • Overview of Non-Race Based Classifications
  • Alienage Classification
  • Out of Wedlock Births
  • Doctrine on Gender Classifications from 1870s to 1960s
  • Doctrine on Gender Classifications During the 1970s
  • General Approach to Gender Classifications
  • Facially Non-Neutral Laws Benefiting Women
  • Meaning of Person in the Equal Protection Clause
  • Meaning of Within Its Jurisdiction in the Equal Protection Clause
  • Police Power Classifications and Equal Protection Clause
  • Overview of Economic Regulation and Taxing Power
  • Classifications for State Taxes
  • Foreign Corporations, Nonresidents, and State Taxes
  • State Income Taxes
  • State Inheritance Taxes
  • Motor Vehicle Taxes
  • Property Taxes
  • Special Assessments
  • Overview of Wealth-Based Distinctions and Equal Protection
  • Criminal Procedures, Sentences, and Poverty
  • Access to Courts, Wealth, and Equal Protection
  • Educational Opportunity, Wealth, and Equal Protection
  • Abortion, Public Assistance, and Equal Protection
  • Overview of Fundamental Rights
  • Interstate Travel as a Fundamental Right
  • Residency Requirements and Interstate Travel
  • Overview of Apportionment of Representation
  • Overview of the Insurrection Clause (Disqualification Clause)
  • Trump v. Anderson and Enforcement of the Insurrection Clause (Disqualification Clause)
  • Overview of Public Debt Clause
  • Adoption of the Public Debt Clause
  • Interpretation of the Public Debt Clause
  • Overview of Enforcement Clause
  • Who Congress May Regulate
  • Pre-Modern Doctrine on Enforcement Clause
  • Modern Doctrine on Enforcement Clause

education article 14

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14th Amendment

By: History.com Editors

Updated: December 20, 2023 | Original: November 9, 2009

Fourteenth Amendment, historic Little Rock school

The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including formerly enslaved people—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and establish civil and legal rights for Black Americans, it became the basis for many landmark Supreme Court decisions over the years.

In its later sections, the 14th Amendment authorized the federal government to punish states that violated or abridged their citizens’ right to vote by proportionally reducing the states’ representation in Congress, and mandated that anyone who “engaged in insurrection” against the United States could not hold civil, military or elected office (without the approval of two-thirds of the House and Senate).

It also upheld the national debt, but exempted federal and state governments from paying any debts incurred by the former Confederate states.

Reconstruction

Abraham Lincoln ’s assassination in April 1865 left his successor, President Andrew Johnson , to preside over the complex process of incorporating former Confederate states back into the Union after the Civil War and establishing former enslaved people as free and equal citizens.

Johnson, a Democrat (and former slaveholder) from Tennessee , supported emancipation, but he differed greatly from the Republican-controlled Congress in his view of how Reconstruction should proceed. Johnson showed relative leniency toward the former Confederate states as they were reintroduced into the Union.

But many northerners were outraged when the newly elected southern state legislatures—largely dominated by former Confederate leaders—enacted black codes , which were repressive laws that strictly regulated the behavior of Black citizens and effectively kept them dependent on white planters.

Civil Rights Act of 1866

In creating the Civil Rights Act of 1866, Congress was using the authority given it to enforce the newly ratified 13th Amendment , which abolished slavery, and protect the rights of Black Americans.

Johnson vetoed the bill, and though Congress successfully overrode his veto and made it into law in April 1866—the first time in history that Congress overrode a presidential veto of a major bill—even some Republicans thought another amendment was necessary to provide firm constitutional grounds for the new legislation.

Thaddeus Stevens

In late April, Representative Thaddeus Stevens introduced a plan that combined several different legislative proposals (civil rights for Black people, how to apportion representatives in Congress, punitive measures against the former Confederate States of America and repudiation of Confederate war debt), into a single constitutional amendment. After the House and Senate both voted on the amendment by June 1866, it was submitted to the states for ratification.

President Johnson made clear his opposition to the 14th Amendment as it made its way through the ratification process, but Congressional elections in late 1866 gave Republicans veto-proof majorities in both the House and Senate.

Southern states also resisted, but Congress required them to ratify the 13th and 14th Amendments as a condition of regaining representation in Congress, and the ongoing presence of the Union Army in the former Confederate states ensured their compliance.

On July 9, 1868, Louisiana and South Carolina voted to ratify the 14th Amendment, making up the necessary three-fourths majority .

education article 14

5 Historic Supreme Court Rulings Based on the 14th Amendment

The 14th Amendment's guarantee to "due process" provided a basis for these five Supreme Court rulings that have impacted Americans' lives.

How the Black Codes Limited African American Progress After the Civil War

The black codes effectively continued enslavement for African Americans by restricting their rights and exploiting their labor.

Reconstruction: A Timeline of the Post‑Civil War Era

For a 14‑year period, the U.S. government took steps to try and integrate the nation's newly freed Black population into society.

Section One: 14th Amendment

The opening sentence of Section One of the 14th Amendment defined U.S. citizenship: “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.”

This clearly repudiated the Supreme Court’s notorious 1857 Dred Scott decision , in which Chief Justice Roger Taney wrote that a Black man, even if born free, could not claim rights of citizenship under the federal constitution.

Section One's next clause was: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This greatly expanded the civil and legal rights of all American citizens by protecting them from infringement by the states as well as by the federal government.

The third clause, “nor shall any State deprive any person of life, liberty or property, without due process of law,” expanded the due process clause of the Fifth Amendment to apply to the states as well as the federal government.

Over time, the Supreme Court has interpreted this clause to guarantee a wide array of rights against infringement by the states, including those enumerated in the Bill of Rights (freedom of speech, free exercise of religion, right to bear arms, etc.) as well as the right to privacy and other fundamental rights not mentioned elsewhere in the Constitution .

Finally, the “equal protection clause” (“nor deny to any person within its jurisdiction the equal protection of the laws”) was clearly intended to stop state governments from discriminating against Black Americans, and over the years would play a key role in many landmark civil rights cases.

Section Two: 14th Amendment

Section Two of the 14th Amendment repealed the three-fifths clause (Article I, Section 2, Clause 3) of the original Constitution, which counted enslaved people as three-fifths of a person for the purpose of apportioning congressional representation. With slavery outlawed by the 13th Amendment, this clarified that all residents, regardless of race, should be counted as one whole person. This section also guaranteed that all male citizens over age 21, no matter their race, had a right to vote.

Southern states continued to deny Black men the right to vote using a collection of state and local statutes during the  Jim Crow era. Subsequent amendments to the Constitution granted women the right to vote and lowered the legal voting age to 18.

Section Three: 14th Amendment

Section Three of the amendment, gave Congress the authority to bar public officials, who took an oath of allegiance to the U.S. Constitution, from holding office if they "engaged in insurrection or rebellion" against the Constitution. The intent was to prevent the president from allowing former leaders of the Confederacy to regain power within the U.S. government after securing a presidential pardon. It states that a two-thirds majority vote in Congress is required to allow public officials who had engaged in rebellion to regain the rights of American citizenship and hold government or military office.

It states that: "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."

Section Four: 14th Amendment

Section Four of the 14th Amendment states that 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." Historians believe the clause was intended to ensure the federal government would not repudiate its debts, as some former Confederate states had done.

It also prohibited payment of any debt owed to the defunct Confederate States of America and banned any payments to former enslavers as compensation for the loss of human "property" (enslaved people).

Section Five: 14th Amendment

The fifth and final section of the 14th Amendment (“Congress shall have the power to enforce, by appropriate legislation, the provisions of this article”) echoed a similar enforcement clause in the 13th Amendment.

In giving Congress power to pass laws to safeguard the sweeping provisions of Section One, in particular, the 14th Amendment effectively altered the balance of power between the federal and state governments in the United States.

Nearly a century later, Congress used this authority to pass landmark civil rights legislation, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965 .

Impact of the 14th Amendment

In its early decisions involving the 14th Amendment, the Supreme Court often limited the application of its protections on a state and local level.

In Plessy v. Ferguson (1896), the Court ruled that racially segregated public facilities did not violate the equal protection clause of the 14th Amendment, a decision that would help establish infamous Jim Crow laws throughout the South for decades to come.

But beginning in the 1920s, the Supreme Court increasingly applied the protections of the 14th Amendment on the state and local level. Ruling on appeal in the 1925 case Gitlow v. New York , the Court stated that the due process clause of the 14th Amendment protected the First Amendment rights of freedom of speech from infringement by the state as well as the federal government.

And in its famous 1954 ruling in Brown v. Board of Education , the Supreme Court overturned the “separate but equal” doctrine established in Plessy v. Ferguson , ruling that segregated public schools did in fact violate the equal protection clause of the 14th Amendment.

In other landmark rulings, the Supreme Court has cited the 14th Amendment in cases involving the use of contraception (1965’s Griswold v. Connecticut ), interracial marriage (1967’s Loving v. Virginia ), abortion (1973’s Roe v. Wade ), a highly contested presidential election (2000’s Bush v. Gore ), gun rights (2010’s McDonald v. Chicago ) and same-sex marriage (2015’s Obergefell v. Hodges ).

education article 14

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Amendment XIV, Constitution Center . Akhil Reed Amar, America’s Constitution: A Biography ( New York : Random House, 2005). Fourteenth Amendment, HarpWeek . 10 Huge Supreme Court Cases About the 14th Amendment, Constitution Center .

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IMAGES

  1. Universal Declaration of Human Rights: Article 14

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  2. (DOC) ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND

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  3. Article XIV Education

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  4. What is Article 14: Right To Equality

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COMMENTS

  1. The 14th Amendment Protects the Right to a Public Education

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  2. 1987 Constitution of The Republic of The Philippines

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  3. Article Xiv

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  4. Official Gazette of the Republic of the Philippines

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  5. Education, Science and Technology, Arts, Culture and Sports (Article

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  6. Article 14

    Article 14 - sections with explanation - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. The document discusses the Philippines' policies on education as outlined in the constitution. It establishes the state's role in (1) promoting quality, affordable, and relevant education for all citizens; (2) maintaining a public education system ...

  7. Educational Opportunity, Wealth, and Equal Protection

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  9. PDF Article 14. Right to education

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  10. (Doc) Article Xiv Education, Science and Technology, Arts, Culture and

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  11. The 1987 Constitution of The Republic of The Philippines (Article 14

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  12. Part III Rights to Culture, Ch.13 Indigenous Education and the UNDRIP

    This chapter discusses the right to education in Article 14. Article 14 takes on a special meaning and purpose in terms of repairing, restoring, and strengthening indigenous communities and cultures through education. These aims are to be achieved through linkages with other basic rights, such as the rights of self-determination, non-discrimination, and cultural and linguistic integrity.

  13. PDF "The State protect and promote the right all citizens quality education

    children with quality education. As expressed in Article 14 Section 1 of the Philippine Constitution: "The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible at all. "

  14. 14th Amendment

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  17. 1987 Constitution of The Republic of The Philippines

    ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS SPORTS. Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

  18. PDF Universal Declaration of Human Rights

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  19. UNDRIP Article 14: Right to Education

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