Ratification by the States

On June 16, 1866, Secretary of State William Seward transmitted the 14th Amendment to the governors of the several states for its ratification. State legislatures in every formerly Confederate state, with the exception of Tennessee, refused to ratify it. This refusal led to the passage of the Reconstruction Acts. Ignoring the existing state governments, military government was imposed until new civil governments were established and the 14th Amendment was ratified.[20] It also prompted Congress to pass a law on March 2, 1867, requiring that a former Confederate state must ratify the 14th Amendment before "said State shall be declared entitled to representation in Congress."[21]

The first 28 states to ratify the 14thAmendment were:[22]

·       Connecticut – June 30, 1866

·       New Hampshire – July 6, 1866

·       Tennessee – July 18, 1866

·       New Jersey – September 11, 1866
(rescinded ratification – February 20, 1868/March 24, 1868; re-ratified – April23, 2003)

·       Oregon – September 19, 1866
(rescinded ratification – October 16, 1868; re-ratified – April 25, 1973)

·       Vermont – October 30, 1866

·       New York – January 10, 1867

·       Ohio – January 11, 1867
(rescinded ratification – January 13, 1868; re-ratified – March 12, 2003)

·       Illinois – January 15, 1867

·       West Virginia – January 16, 1867

·       Michigan – January 16, 1867

·       Minnesota – January 16, 1867

·       Kansas – January 17, 1867

·       Maine – January 19, 1867

·       Nevada – January 22, 1867

·       Indiana – January 23, 1867

·       Missouri – January 25, 1867

·       Pennsylvania – February 6, 1867

·       Rhode Island – February 7, 1867

·       Wisconsin – February 13, 1867

·       Massachusetts – March 20, 1867

·       Nebraska – June 15, 1867

·       Iowa – March 16, 1868

·       Arkansas – April 6, 1868

·       Florida – June 9, 1868

·       North Carolina – July 4, 1868 (after rejection – December 14, 1866)

·       Louisiana – July 9, 1868 (after rejection – February 6, 1867)

·       South Carolina – July 9, 1868 (after rejection – December 20, 1866)

If rescission by Ohio and New Jersey were invalid, South Carolina would have been the 28th State to ratify. Rescission by Oregon did not occur until later. These rescissions caused significant controversy. However, ratification by other states continued during the course of the debate:

·       Alabama – July 13, 1868

On July 20, 1868, Secretary of State William H. Seward certified that if withdrawals of ratification by New Jersey and Ohio were ineffective, then the amendment had become part of the Constitution on July 9, 1868, with ratification by South Carolina.[23] The following day, Congress adopted and transmitted to the Department of State a concurrent resolution declaring the 14th Amendment to be a part of the Constitution and directing the Secretary of State to promulgate it as such.[24] Both New Jersey and Ohio were named in the congressional resolution as having ratified the Amendment, although Alabama was also named, making 29 states total.[25][26]

On the same day, one more State ratified:

·       Georgia – July 21, 1868 (after rejection – November 9, 1866)

On July 27, Secretary Seward received the formal ratification from Georgia.[27] The following day, July 28, Secretary Seward issued his official proclamation certifying the adoption of the 14th Amendment.[25] Secretary Seward stated that his proclamation was "in conformance" to the resolution by Congress, but his official list of States included both Alabama and Georgia, as well as Ohio and New Jersey.[26][28]

The inclusion of Ohio and New Jersey has led some to question the validity of rescission of a ratification. The inclusion of Alabama and Georgia has called that conclusion into question. While there have been Supreme Court cases dealing with ratification issues, this particular question has never been adjudicated.

The 14th Amendment was subsequently ratified:[22]

·       Virginia – October 8, 1869(after rejection – January 9, 1867)

·       Mississippi – January 17, 1870

·       Texas – February 18, 1870(after rejection – October 27, 1866)

·       Delaware – February 12, 1901(after rejection – February 8, 1867)

·       Maryland – April 4, 1959[29] (after rejection –March 23, 1867)

·       California – May 6, 1959

·       Kentucky – March 30, 1976(after rejection – January 8, 1867)

Since Ohio and New Jersey re-ratified the 14th Amendment in 2003, all U.S. states that existed during Reconstruction have ratified the Amendment.