The Fourteenth and Fifteenth Amendments to the US Constitution (Edexcel A-Level History): Revision Notes

The Fourteenth and Fifteenth Amendments to the US Constitution

Introduction: the Civil War Amendments

Between 1865 and 1870, three crucial amendments were added to the US Constitution, known collectively as the Civil War Amendments. Following the Thirteenth Amendment (1865), which abolished slavery, the Fourteenth Amendment (1868) and Fifteenth Amendment (1870) aimed to grant black Americans full civil equality and citizenship rights. These amendments represented the constitutional foundation of Radical Reconstruction and fundamentally reshaped American citizenship and civil rights.

The Fourteenth Amendment (1868)

Background and passage

The Fourteenth Amendment was first proposed in 1866 but was not ratified (formally approved) until 1868. This amendment became a unifying force for the Radical Republicans in Congress and formed a central element of their Reconstruction programme. Importantly, because these changes were made through constitutional amendment rather than ordinary legislation, President Andrew Johnson could not veto them, despite his opposition to Radical Reconstruction policies.

The three major provisions

Reversing the Dred Scott decision

Political impact and significance

The Fourteenth Amendment played multiple important roles in Reconstruction politics:

• It served as a powerful platform for Republicans in the 1866 congressional elections, helping them maintain their majority
• It provided the legal basis for removing state governments created under President Johnson's lenient Reconstruction plan
• Acceptance of the Fourteenth Amendment became a mandatory requirement for former Confederate states seeking readmission to the Union
• It united various factions within the Republican Party around a common Reconstruction policy

Key sections of the amendment

Section 1 established citizenship and equal protection, declaring that all persons born or naturalised in the United States were citizens entitled to equal protection under the law. No state could make laws that reduced the rights of citizens or deprived them of life, liberty or property without proper legal procedures.

Section 2 addressed political representation, stating that if a state denied voting rights to any male citizens over 21 years old (except for participation in rebellion or crime), that state's representation in Congress would be proportionally reduced.

Section 3 specifically barred from federal or state office anyone who had previously sworn to support the Constitution but then engaged in rebellion against the United States - directly targeting former Confederate leaders.

The Fifteenth Amendment (1870)

Background and passage

In February 1869, the US Congress approved the Fifteenth Amendment, which was then ratified in 1870. This amendment prohibited both federal and state governments from denying any US citizen the right to vote based on race, colour or previous condition of servitude (slavery).

To Democrats in Congress, this represented a revolutionary and dangerous change to American society. They viewed it as the most radical feature of the entire Reconstruction programme. However, Radical Republicans celebrated it as a triumph that would secure political rights for freed slaves.

The main provision

The Fifteenth Amendment's core principle was straightforward: no citizen could be prevented from voting because of their race. This was particularly significant given the voting restrictions that had existed before the amendment. As late as 1868, only eight northern states had allowed black Americans to vote, and various states had barred other ethnic groups - for example, California had prevented Chinese people from voting.

Limitations and criticisms

Historical context and significance

Future US president James Garfield, who was a congressman in 1869, declared that the Fifteenth Amendment gave black Americans control of their own destiny and placed their fortunes in their own hands. This reflected the optimistic Republican view that constitutional protection of voting rights would allow freed slaves to defend their interests through democratic participation.

The combined impact of both amendments

Taken together, the Fourteenth and Fifteenth Amendments fundamentally transformed the legal status of freed slaves in America. The Fourteenth Amendment made them full citizens with equal protection under the law, whilst the Fifteenth Amendment gave them the constitutional right to vote. In theory, these amendments conferred complete citizenship rights on former slaves.

However, the practical limitations of the Fifteenth Amendment - particularly its failure to ban literacy tests, property requirements and other discriminatory practices - meant that the promise of full political equality remained incomplete. Over the following decades, southern states would increasingly exploit these loopholes to disenfranchise black voters through legal mechanisms that did not explicitly mention race.

The broader context: Civil Rights Act 1875

By 1875, Radical Reconstruction was declining. The Democrats had made significant gains in the 1874 congressional elections, though Republicans still held majorities in both houses of Congress. In this context, Congress passed the Civil Rights Act 1875, which proved to be the last major Reconstruction measure favouring black Americans.

The Act proclaimed equality before the law for all citizens and guaranteed equal access to public accommodations including inns, public transport, theatres and places of public entertainment. However, significantly, it failed to mention public schools, leaving educational segregation unaddressed.

Exam focus: analysing constitutional amendments

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