HIST 40
The Fourteenth Amendment and the Meanings of Equality Winter 2024

For more than 150 years, the 14th Amendment of the U.S. Constitution has served as the principal touchstone for legal debates over the meaning of equality and freedom in the United States. This course explores the origins of the 14th Amendment in the years immediately following the Civil War, and examines the evolution of that amendment’s meaning in the century that followed. Central themes in this course include the contested interpretations of “birthright citizenship,” “due process,” “privileges and immunities,” “equal protection,” and “life, liberty or property”; the rise, fall, and rebirth of substantive due process; battles over incorporating the Bill of Rights into the 14th Amendment; and the changing promise and experience of citizenship. We will pay particular attention to how arguments about the 14th Amendment have shaped and been shaped by the changing meanings of racial and gender equality.