Rank and File: The Depth of “Officer” Under Section Three of the Fourteenth Amendment

Document Type

Response or Comment

Publication Date

2024

Journal

American University Administrative Law Review

Volume

76

Issue

4

Abstract

In the aftermath of the American Civil War, the Republic faced a monumental task: extending full citizenship and constitutional rights to nearly four million recently emancipated persons while healing deep wounds from the destructive conflict. Thus, in 1866, Congress passed a series of prescriptive measures for the nonagenarian nation through the Fourteenth Amendment. Amid this “Second Founding,” the amendment’s various sections established a number of well-known rights and privileges for both citizens and government that form critical pillars of American legal tradition: complete naturalization for those born in the territorial United States, apportionment of representation within the House of Representatives based on each person, and authorization for Congress to enact legislation to ensure the rights and privileges of the amendment.

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