Ex-Confederate Rights

Reconstruction Republicans had to address the political future of ex-Confederate leaders. They debated a range of issues, such as who to include (all former rebels or only high-ranking officials) and how they should be punished politically (through office-holding or also voting rights). The final provision had a narrow scope—focusing on high-ranking officials and office-holding. It banned from public office those who “have engaged in insurrection or rebellion” against the United States or “given aid or comfort to” America’s “enemies.”

May 10, 1866

Joint Committee's resolution considered in House

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Representatives shall be apportioned among the several States . . . excluding Indians not taxed. . . Until [July 4, 1870], all persons who voluntarily adhered to the late insurrection . . . . Neither the United States nor any State shall assume or pay any debt or obligation . . . incurred . . . in aid of insurrection or of war against the United States . . . The Congress shall have power to enforce. . .

May 29, 1866

Sen. Howard proposes a citizenship clause

All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States and of the States wherein they reside. . . No person shall . . . hold any office . . . who, having previously taken an oath . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same. . . The obligations of the United States incurred in suppressing insurrection, or in defense of the Union or for payment of bounties or pensions incident thereto, shall remain inviolate.

Jun 13, 1866

14th Amendment Final Text

Section One: All persons born or naturalized in the United States . . . are citizens of the United States. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. . . Section Two: Representatives shall be apportioned . . . Section Three: No person shall . . . hold any office . . . Section Four: The validity of the public debt . . . Section Five: The Congress shall have power to enforce.