The 14th Amendment Is in the News — Here's What 158 Years of Progress Actually Looks Like

The 14th Amendment is making headlines today. The Supreme Court is hearing oral arguments in Trump v. Barbara, a landmark case over birthright citizenship — one of the 14th Amendment's most foundational guarantees. Meanwhile, two weeks ago, the Court's ruling in Louisiana v. Callais dramatically narrowed the Voting Rights Act, a law written to enforce the 14th Amendment's promise of equal protection.

Whatever your view on those cases, one thing is undeniable: the 14th Amendment is still the beating heart of American constitutional law — 158 years after it was ratified.

As America approaches its 250th birthday in 2026, it's worth telling the full story of how we got here. Because most Americans have never heard it. And it starts not in 1868 — but in 1776.

The Founders' Intent: The Anti-Slavery Clause Nobody Talks About

Here's a fact that rarely appears in history textbooks: Thomas Jefferson's original draft of the Declaration of Independence contained a 168-word passage that explicitly condemned slavery.

Jefferson called the slave trade "a cruel war against human nature itself" — describing it as "piratical warfare," "execrable commerce," and "an assemblage of horrors." He blamed King George for perpetuating it and called for its end.

The passage was removed from the final Declaration. In Jefferson's own words, written decades later in his autobiography:

"The clause...reprobating the enslaving the inhabitants of Africa, was struck out in compliance to South Carolina and Georgia, who had never attempted to restrain the importation of slaves, and who on the contrary still wished to continue it."

Two colonies — South Carolina and Georgia — blocked what could have been a unanimous founding statement against slavery. The unanimous vote required for adoption meant their objection killed the clause entirely.

This matters enormously. The Founders knew slavery contradicted everything they were fighting for. They said so in writing. That intent deserves to be acknowledged and given proper credit.

The Party That Ended Slavery: Setting the Record Straight

On January 31, 1865, the House of Representatives passed the 13th Amendment — abolishing slavery permanently in the United States. The vote was 119-56.

Here is what is almost never mentioned: 100% of Republican House members voted yes. Every single one. They were joined by 16 Democrats and 15 third-party members to reach the two-thirds majority required.

The Republican Party had been founded just eleven years earlier — in 1854 — specifically to oppose the expansion of slavery. Its first national platform in 1856 called for the prohibition of slavery in the territories. Abraham Lincoln, the first Republican president, ran on that platform. And it was a Republican-controlled Congress that sent the 13th Amendment to the states for ratification.

The 14th Amendment followed in 1868 — also passed by a Republican Congress — guaranteeing citizenship and equal protection to all persons born on American soil, including the four million formerly enslaved Americans who had just been freed.

These are facts. They deserve to be stated plainly, without partisan agenda, as part of the honest history of this country.

What the 14th Amendment Actually Says

Ratified in 1868, the 14th Amendment did three transformative things: It granted citizenship to all persons born or naturalized in the United States. It guaranteed equal protection under the law to every citizen. And it prohibited any state from depriving a person of life, liberty, or property without due process.

158 Years of Progress: The Data

Education

In 1860, it was illegal in most Southern states to teach a Black American to read. By 1940, the average Black American had completed just 5.7 years of schooling. Today, nearly 45% of Black Americans ages 25-29 have attended college — and Black women are among the fastest-growing groups of college graduates in the country.

Economic Mobility

In 1940, 60% of employed Black women were domestic servants. Today that number is 2.2% — while 60% now hold white-collar jobs. Only 5% of Black men held white-collar positions in 1940; today it's over 30%. Black median household income has more than doubled in real terms since 1967 — from roughly $24,700 to over $56,000 today.

Homeownership

Black homeownership stood at roughly 23% in 1940. By 1960 it had jumped to 38%. It peaked at nearly 50% in 2004 and stands around 44-46% today — representing millions of families who own property their grandparents were legally barred from purchasing.

Political Representation

In 1870, Hiram Revels became the first Black U.S. Senator — made possible directly by the 14th and 15th Amendments. Today, 63 Black Americans serve in the U.S. House and 3 in the Senate — triple the number from just 35 years ago. A Black woman has served as Vice President of the United States.

Social Attitudes

In 1958, 44% of white Americans said they would move if a Black family became their neighbor. Today: 1%. In 1964, only 18% of white Americans said they had a Black friend. Today: 86% — and 87% of Black Americans report having white friends.

The Constitutional Through-Line

The arc from Jefferson's deleted anti-slavery clause in 1776 to the 13th Amendment in 1865 to the 14th Amendment in 1868 to Brown v. Board in 1954 to the Civil Rights Act in 1964 to today's Supreme Court cases is one continuous constitutional story.

It is a story of a nation that stated an ideal it could not yet live up to — and then spent 250 years fighting to close that gap. That is not failure. That is a Constitution doing exactly what it was designed to do: provide the framework for a more perfect union, generation by generation.

As cases like Trump v. Barbara remind us, the 14th Amendment is still being interpreted, still contested, and still mattering. That's not weakness. That's the document working. And that is why constitutional literacy isn't optional. Every 8th grader in America deserves to hold this document in their hands — to read it, understand it, and carry it forward.

Teachers: Request a free pocket Constitution for your 8th grade classroom at 917society.org/order-constitutions — always free, no barriers.

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