July 28
14th Amendment Enters into Force in US
Secretary of State William Seward issued a formal proclamation on July 28, 1868, confirming that the Fourteenth Amendment had secured ratification by three-fourths of the states and had become part of the U.S. Constitution.
Summary
Following the American Civil War, Congress proposed the 14th Amendment in 1866 to address the legal status of formerly enslaved people and to protect civil rights against state infringement. Ratified by the required number of states amid Reconstruction-era tensions, the amendment was officially certified on July 28, 1868, by Secretary of State William Seward. It granted citizenship to all persons born or naturalized in the United States, guaranteed due process and equal protection under the law, and barred former Confederates from certain offices unless Congress granted amnesty. The measure fundamentally altered the balance between federal and state power regarding individual rights.
Context
The American Civil War ended in 1865 with the defeat of the Confederacy and the ratification of the Thirteenth Amendment, which abolished slavery. Southern state legislatures responded by enacting Black Codes that severely restricted the freedoms of formerly enslaved people, denying them rights to contract, own property, testify in court, or move freely. These measures prompted Republican leaders in Congress to seek stronger federal protections that states could not override.
What Happened
In the spring of 1866 the Joint Committee on Reconstruction drafted a constitutional amendment addressing citizenship, civil rights, and political disabilities for former Confederates. The measure passed the Senate on June 8 and the House on June 13; it was submitted to the states on June 16. Ratification proved contentious. Most Southern states initially rejected the amendment, leading Congress to pass the Reconstruction Acts of 1867 that conditioned readmission to the Union on acceptance. By early July 1868 a sufficient number of states—including several readmitted Southern legislatures—had ratified, bringing the total above the required threshold of twenty-eight out of thirty-seven.
Aftermath
On July 28, 1868, Secretary of State William Seward certified the amendment’s adoption in an official proclamation published in newspapers. The new provisions immediately supplied constitutional authority for federal enforcement of civil rights during Radical Reconstruction, enabling the election of Black officeholders and the temporary expansion of voting rights for Black men in the South.
Legacy
Over subsequent decades the Fourteenth Amendment supplied the textual foundation for the Supreme Court’s doctrine of selective incorporation, which applied most Bill of Rights protections against the states. It underpinned landmark rulings such as Brown v. Board of Education (1954) that dismantled legal segregation and remains the principal constitutional vehicle for litigating questions of equal protection and due process.
Why It Matters
The 14th Amendment provided the constitutional basis for landmark civil rights legislation and Supreme Court decisions that dismantled segregation and expanded protections for minorities and other groups. It remains a cornerstone of American jurisprudence on equality and due process, influencing countless legal challenges over subsequent decades.
Related Questions
Why was a new constitutional amendment needed after the Civil War?
The Thirteenth Amendment ended slavery, but Southern Black Codes continued to deny freed people basic civil rights, prompting Congress to seek federal guarantees that states could not infringe.
Who played the largest role in drafting the Fourteenth Amendment?
Representative John A. Bingham of Ohio drafted the key citizenship and equal-protection language in Section 1, while Senator Jacob Howard and Representative Thaddeus Stevens guided the measure through Congress.
How did Southern states eventually ratify the amendment?
Congress passed the Reconstruction Acts requiring former Confederate states to ratify the amendment and adopt new constitutions as conditions for readmission to the Union and restoration of congressional representation.
What immediate political effect did certification have?
It supplied constitutional backing for Radical Reconstruction policies, including expanded Black suffrage and the temporary disqualification of many former Confederate leaders from office.
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Sources
- Fourteenth Amendment, Encyclopædia Britannica. Accessed 2026-07-02.