Constitutional Amendments

The Thirteenth Amendment

The Thirteenth Amendment states that neither slavery nor involuntary servitude shall exist anywhere in the United States. President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, as the nation approached its third year in the bloody war. However, this act did not immediately free all enslaved persons, as its target was to free those enslaved in the confederate states and in territories rebelling against the union. Furthermore, without any means of enforcing the proclamation, the act had little to no effect until the end of the war, with the surrender of Confederate General Robert E. Lee in April 1865, and Union General Gordon Granger's regiment subsequently crushing resistance in Texas on June 19. Granger then declared all slaves to be free. This declaration, two and a half years after the original proclamation by President Abraham Lincoln, formed the basis of the amendment—and the Juneteenth celebration in African American culture.

The Fourteenth Amendment

The Fourteenth Amendment states that persons born in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside. In addition, no state may make or enforce any law to decrease the privileges and immunities of U.S. citizens, nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person the equal protection of the laws.

Section 2 of the amendment calculates apportionment for representation in Congress. But the basis of representation can be decreased if any males in that state are denied the right to vote, except if the denial is due to participation in rebellion or other crime. Section 3 denies continuing membership as a federal or state representative to anyone who participates in rebellion against the United States or gives “aid and comfort” to enemies. Section 4 states that the U.S. public debt [Page 576]shall not be questioned, including debts incurred in suppressing rebellion against the United States. But claims incurred in rebellion, including claims for the loss of or emancipation of any slave, are null and void.

The Fifteenth Amendment

The Fifteenth Amendment states that any citizen's right to vote shall not be denied on account of race, color, or previous condition of servitude. This amendment directly superseded state laws that had banned black people from voting. In 1870, Congress enacted the Enforcement Act of 1870, which contained criminal penalties for hampering the right of black people to vote, and the Force Act of 1871, providing for federal election oversight.

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