Amendment XIV, Section 2

Representatives shall be apportioned anions the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.

The paragraph gives the second section of the joint resolution as amended by the Senate, and these words of it appear in Section 2 of the Fourteenth Amendment.

Representatives shall bo apportioned among the several States which may be included within this Union according to their respective numbers, counting the whole number of persons in each State, excluding Indiansnot taxed.

The paragraph reads the second section of the joint resolution, and its words "according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed" appear in Section 2 of the Fourteenth Amendment.

…be denied to any portion of its male citizens not less than twenty one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not loss than twenty one years of age.

The paragraph gives the words of the second section of the amendment reported by the committee; its words "shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens" appear in Section 2 of the Fourteenth Amendment.

…citizens not less than twenty one years of ago, or in any way abridged, except for participation in rebellion or other crime, the ba ds of representation in such State shall be reduced m the proportion which the number ol such male citizens shall bear to the whole number of male citizens not less than twenty ono years of asre.

The paragraph gives the joint resolution as read the third time; the words of its second section "shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens" (read by OCR as "m" and "ol") appear in Section 2 of the Fourteenth Amendment.

2 Representatives shall beappoi apportioned among the several States which may be included within this Union according to their respective numbers counting tlie whole number of persons in each State, excluding Indians not taxed.

The paragraph gives the words of the second section of the joint resolution, and this run of them appears in Section 2 of the Fourteenth Amendment ("tlie" is an OCR misreading of "the").

…male citizens not less than twenty one yea^ of age, or m any way abridged, except for participation in rebellion or other crimes, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty one years of age.

The paragraph gives the words of Section 2 of the joint resolution as reported; this run of them appears in Section 2 of the Fourteenth Amendment.

…male citizens not less than twenty one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty one years of age.

The paragraph gives the words of the second section of the proposed article; this run of them appears in Section 2 of the Fourteenth Amendment.

…male citizens not less than twenty one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty one years of age.

The paragraph gives the words of Section 2 of the proposed amendment; this run of them appears in Section 2 of the Fourteenth Amendment.

1 know very well that in the fourteenth article of amendments there are the words—and I know something of their origin— except on account of participation in rebellion or other crimes," but there are no other words following, as my colleague proposes, "or who shall have been convicted of other crimes," thereby leaving the Constitution open to a fair interpretation that…

The paragraph gives, as "words" of "the fourteenth article of amendments", the exception for "participation in rebellion or other crimes", which is in Section 2; the words are not given exactly.

…conceded at that time that this fourteenth article recognized the existence on the part of the States of the right to regulate suffrage without the control of Congress, subject to the penalty that their representation in Congress might be curtailed if they should exclude from suffrage persons of a certain class?

The speaker describes the provision of "this fourteenth article" under which a State's representation in Congress "might be curtailed" if it excluded persons from suffrage; only Section 2 of the Fourteenth Amendment fits.

1 come now to the second section, upon which I know reliance will be placed by the opponents of the bill.

The paragraph turns to "the second section" of the Fourteenth Amendment, whose words the next paragraph quotes.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of eleetoislor President and Vice President of the UnitedStatos, Representatives Congress, the executive and judicial officers of a…

The paragraph quotes Section 2 of the Fourteenth Amendment in full, headed "Sec. 2." (with some OCR errors).

By the second section there is a political penalty for doing that which in the first section it is declared the State has no right to do.

The paragraph refers to "the second section" of the Fourteenth Amendment, quoted in the previous paragraph.

It is here provided that there shall be no abridgment of the privileges and immunities of citizens; and in the second section there is a penalty provided for a .State that disregards the inhibition.

The paragraph cites "the second section" of the Fourteenth Amendment, which provides "a penalty".

Section two provides—

The paragraph, speaking of "the fourteenth amendment", cites its "Section two", which the next paragraph quotes.

"Representation shall be apportioned among the several States according to their respective numbers. &c.

The paragraph quotes, in quotation marks and with omissions, Section 2 of the Fourteenth Amendment, introduced in the previous paragraph as "Section two".

The second section of the fourteenth amendment, in the most direct and conclusive terms, recognizes and reaffirms the original and undelegated right of the States to control the suffrage.

The paragraph cites "the second section of the fourteenth amendment".

…when considered in reference to the peculiar and anomalous condition of the negro race, to which it more specifically, indeed almost exclusively relates, that the first section of the amendment, even if we leave out of view the second, which, making clear the meaning of the first, fully sustains the position which I in common with the Republican convention—and we agree but seldom—maintain, that the question of suffrage…

The paragraph refers to "the second" section of the Fourteenth Amendment, beside the first.

Now it is provided that suffrage shall control; hence the second section of the amendment, which provides:

The paragraph cites "the second section of the amendment" (the Fourteenth), which the next paragraph quotes.

"Sec. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But ■when the right to vote at afiy election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial…

The paragraph quotes Section 2 of the Fourteenth Amendment in full, in quotation marks, headed "Sec. 2.".

If the first section secured the right to vote at all, the second was the most absurd and abortive effort to secure that right to the parties entitled to it that can well be conceived.

The paragraph refers to "the second" section of the Fourteenth Amendment, which reduces a State's representation.

To accomplish that equality the second section was submitted, as follows:

The paragraph cites "the second section" of the Fourteenth Amendment, which the next paragraph quotes.

"Sec. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons m each State, excluding Indians not taxed. Bat when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives 111 Congress, the executive and judicial…

The paragraph quotes Section 2 of the Fourteenth Amendment in full, in quotation marks, headed "Sec. 2.".

…electors [for election of United States Senators] in each State shall have the qualifications requisite for electors in the most numerous branch of the State legislatures;" on the language in Section 2 of the 14th Amendment, which, by providing a penalty for State denial of the vote to any male inhabitant "being twentyone years of age", assumes that the State has the power and right…

The paragraph cites section 2 of the 14th amendment by number.

…the enumeration the class to whom the elective franchise is denied, which would be easily understood, it is provided that the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twentyone years of age in such State." Why the abandonment of that which is of plain meaning for that which is involved and difficult?

The paragraph quotes words of the second section of the joint resolution; the same words appear in Section 2 of the Fourteenth Amendment.

Representatives shall be apportioned among the several States which may be included within the Union according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed, and excluding, also, two fifths of such persons as have been discharged from involuntary service by any proclamation of the President of the United Statesor by the amendment of…

The paragraph gives the words of a proposed amendment to the second section; these words appear unchanged in Section 2 of the Fourteenth Amendment.

…United States not less than twenty one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty onoyoars of age in such State.

The paragraph reads out the words of the second section that a motion would strike; these words appear unchanged in Section 2 of the Fourteenth Amendment.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons iq each State, excluding Indians not taxed.

The paragraph gives the words of a substitute moved for the second section; these words appear unchanged in Section 2 of the Fourteenth Amendment.

…the amendment to which I refer says that whenever the right to vote at any election held under the Constitution and laws of the United States, or of any State, is denied to any of the male inhabitants of such States, being twentyone years of age, &c., a deduction is to be made.

The paragraph reads out part of the substitute moved for the second section; these words appear unchanged in Section 2 of the Fourteenth Amendment.

tlio several States according to their re spoetivonum numbers, counting I lie whole number of persons in each State, excluding Indians not taxed.

The paragraph gives the words of the substitute moved for the second section; this run of words, the least garbled by OCR, appears unchanged in Section 2 of the Fourteenth Amendment.

But whenever the right to vote at any election held under the Constitution arul laws of the United States, or of any State, is denied to any of the male inhabitants of such State, <fcc.

The paragraph reads out part of the substitute for the second section; these words appear unchanged in Section 2 of the Fourteenth Amendment.

But whenever the right to vote at any election beld under the Constitution and laws of the United States, or of any State, is denied to any of the male inhabitants of such State, being twenty one years of age—

The paragraph gives the words of the substitute that a motion would strike out; these words appear unchanged in Section 2 of the Fourteenth Amendment.

Representatives shall he apportioned among thescveral States according .otheirrespectivenumbers, counting the whole number of persons in each State, excluding Indians not taxed.

The paragraph gives the words of Mr. Williams's substitute for the second section, as read; this run of 13 words appears unchanged in Section 2 of the Fourteenth Amendment.

…same time is to be subject, is, that" whenever the right to vole at any election held under the Constitution and laws of the United States, or of any State, is denied to any of the male inhabitants of such State,"

The speaker quotes the words of Mr. Williams's substitute; this run of 11 words appears unchanged in Section 2 of the Fourteenth Amendment.

…and as it is proposed to be amended by the honorable member from Oregon, that Representatives shall be apportioned among the several States which may be included within the Union according to their respective numbers, counting the whole number of persons in each State and excluding Indians not taxed.

The paragraph gives the words of the apportionment rule of the proposal, as the speaker recites it; this run of 14 words appears unchanged in Section 2 of the Fourteenth Amendment.

…State twenty one years of age and upward are denied the privilege of voting, or that privilege is in any way abridged, then "the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty one years of age." Then, what are we to do?

The paragraph gives the words of the second section, which the speaker quotes; this run of 22 words appears unchanged in Section 2 of the Fourteenth Amendment.

…the members of the Lctdi lutuie thereof, is denied to any ot the male inhabitants of such State, boms twenty one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male eitizensshail bcarto the whole number of male citizens twenty one years of age in such State.

The paragraph gives the words of Mr. Williams's amendment as modified, read by the Secretary; this run of 20 words appears unchanged in Section 2 of the Fourteenth Amendment.

…State, being twenty one years of age and a citizen of the United States, except for participation m rebellion or other crime, the basis of representation therein shall bo reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty one years of age in such State.

The paragraph gives the words of the section as Mr. Howard proposes to amend it; this run of 17 words appears unchanged in Section 2 of the Fourteenth Amendment.

The Secretary read the amendment, which was to strike out in the fourth line of the amendment, after the word" taxed" the words— But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the execute e and judicial officers of a State, or the membeisof' the Legislature thcicof—

The paragraph gives the words of Mr. Williams's amendment that Mr. Howard moves to strike out; this run of 14 words appears unchanged in Section 2 of the Fourteenth Amendment.

Representatives shall lie apportioned among the several States according to their respective numbers, counting the whole number ot persons in each State, excluding Indians not taxed.

The paragraph gives the words of Mr. Williams's amendment as it would read if Mr. Howard's amendment were adopted; this run of 9 words appears unchanged in Section 2 of the Fourteenth Amendment.

Article Representatives shall be apportioned among the several States which may be included within the Union according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.

The paragraph gives the words of the second article of Mr. Doolittle's substitute; this run of 11 words appears unchanged in Section 2 of the Fourteenth Amendment.

Representatives shall be apportioned among the several States which may bo included within the Union, according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.

The paragraph gives the words of section 2 of the joint resolution as read; the words on apportionment "according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed" appear in Section 2 of the amendment.

Representativesshallbe apportioned amongthe several States which may be included within the Union, according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.

The paragraph gives the words of the second section of the joint resolution, which the speaker reads out; the words on apportionment appear in Section 2 of the amendment.

…or in anyway abridged" to any portion of its male citizens not less than twenty one "exceptfor participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens" —that is, the number of citizens as to whom it is either denied or abridged— shall bear to the whole number of male citizens not less than twenty one…

The speaker reads out part of the second section of the joint resolution; the words "shall be reduced in the proportion which the number of such male citizens" appear in Section 2 of the amendment.

Representatives shall bo apportioned among the several States according to their respective numbers; but if in any State the elective franchise is or shall be denied to any of its inhabitants, being male citizens of the United States, above the age of…

The paragraph gives the words of Mr. Wilson's proposed substitute for the second section; its opening words appear in Section 2 of the amendment ("bo" is an OCR misreading of "be").

Representatives shall be apportioned among the several States which may be included within the Union, according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.

Williams reads the words of the second section of the proposed amendment, and these words appear in Section 2 of the Fourteenth Amendment.

…United States, not less than twenty one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twentyone years of age.

The paragraph gives the words of section two of the joint resolution as Howard's amendment would make it read, and these words appear in Section 2 of the Fourteenth Amendment.

…provision of this same amendment, the potfer over ihss right to vote is conceded to the States." Mark, now, the audacity and fragility of this prgWxt It is true that" where the right to vote' is denied to the male inhabitants of a State, ofc in any way abridged, except for participation in rebellion or crime," the basisot representation is reduced in corresponding proportion.

The paragraph quotes, in quotation marks and loosely, "another provision of this same amendment" (the Fourteenth) under which the basis of representation is reduced, Section 2.

The States severally may regulate the exercise of the voting franchise in their borders; but if any State disfranchises any class the representation of the State doing so is to be reduced proportionately to the number disfranchised.

The paragraph is one item of the speaker's summary of the provisions of the fourteenth article; it restates the reduction of representation in Section 2.

It .provides— "Thatwhen the right to vote at any election for the choice of electors of President, &c., is denied to any of the male inhabitants of such State, being twenty one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crimes, the basis of representation therein shall be reduced in the proportion which the number of such raalo citizens shall bear to the whole number of male citizens ovbr twenty one

The paragraph cites "the second section of the fourteenth article of the amendment" and quotes it, with an omission, in quotation marks.

The construction which is now sought to be put upon the first section of this fourteenth article, it seems to me, is plainly and flatly contradicted by what follows in the second section of the same article.

The paragraph cites "the second section of the same article" (the Fourteenth Amendment), which it goes on to quote.

The second section goes on to say:

The paragraph cites "the second section" of the Fourteenth Amendment, which the next paragraph quotes.

"Bufcwhen the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, 01- the members of the Legislature thereof, is denied to any of the male inhabitants of such State," &c.

The paragraph quotes, in quotation marks, part of "the second section" of the Fourteenth Amendment, introduced in the previous paragraph ("Bufcwhen" and "01-" are OCR forms).

We simply took up the subject matter which was c.overe.d by Article I, section 2, and covered it by the fourteenth amendment, len.v­ ing the old provisions of the Constitution to stand a.s they now stand in the Constitution with whateveT mod.iftcation.s are made by the fourteenth amendment.

The speaker names "the fourteenth amendment" as covering the subject matter of Article I, Section 2 (the apportionment of Representatives), which is the subject of its second section.

think, has for the moment forgotten the provision of the second section of the fourteenth amendment, which is as follows:

The speaker names "the second section of the fourteenth amendment" and reads it in the next paragraph.

But when the right to vote at any election for the choice ot electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, etc.

The paragraph quotes Section 2 of the Fourteenth Amendment.

That section simply provides that when any of the male inhabitants of a State over 21 years of age are denied the right to vote, the basis of representation in Congress shall be correspondingly reduced.

The speaker restates what "That section" (Section 2 of the Fourteenth Amendment, read just before) provides on the reduction of "the basis of representation".

Section 2 refers to the apportionment among the several States of representatives in Congress and provides for the reduction in the number of such representatives whenever the right to vote is denied.

The printed report cites section 2 of the 14th amendment and names its provision on apportionment and the reduction of representation.

Section 2, as above stated, refers to the apportionment of · Representatives among the several States.

The printed report cites section 2 of the 14th amendment and names its provision on the apportionment of Representatives.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a State, or members of the legislature thereof, is denied to any of the male inhabitants of such State, being 21 years of age, and citizens of the United States, or is any…

The paragraph quotes Section 2 of the Fourteenth Amendment.

.Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice .President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basic representation therein shall be reduced in the proportion which the number of such male citiZens shall bear to ~he whole number of male citizens twenty-one years of age in…

The paragraph quotes Section 2 of the Fourteenth Amendment.

While section 2 of the 14th amendment, which provides for apportionment of Representatives among St a tes according to their re s pective numbers counting the whole number of persons in e a ch State (except…

The paragraph cites section 2 of the 14th amendment by number.

…presidential electors are appointed by popular election, then the right to vote cannot be denied or abridged without invoking the penalty, and so of the right to vote for Representative in Congress, the executive and judicial officers of a State, or the members of the legislature thereof.

The paragraph quotes words of Section 2 of the Fourteenth Amendment.

Section 2 of article XIV says that as to any State which denies the right to vote to any male citizen over 21 years of age except for participation in rebellion, or other crime, the basis of representation therein shall be proportionately reduced.

The paragraph quotes words of Section 2 of the Fourteenth Amendment.

Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.2, pp. 2055, 2056.

Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.1, Amdt14.2, pp. 2053, 2059, 2060, 2061, 2063.

Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.1, Amdt14.2, pp. 2053, 2060, 2061, 2063, 2064.