Texas rejected the 14th Amendment on October 27, 1866. (House Journal 1866, pp. 578-584; Senate Journal 1866, p. 471)
Georgia rejected the 14th Amendment on November 9, 1866. (House Journal 1866, p. 68; Senate Journal 1866, p. 72.)
Florida rejected the 14th Amendment on December 6, 1866. (House Journal 1866, p. 76; Senate Journal 1866, p. 8)
Alabama rejected the 14th Amendment on December 7, 1866. (House Journal 1866, pp. 210-213; Senate Journal 1866, p. 183)
North Carolina rejected the 14th Amendment on December 14, 1866. (House Journal 1866-1867, p. 183; Senate Journal 1866-1867, p. 138)
Arkansas rejected the 14th Amendment on December 17, 1866. (House Journal 1866, pp. 288-291; Senate Journal 1866, p. 262
South Carolina rejected the 14th Amendment on December 20, 1866. (McPherson, Reconstruction, p. 194; Annual Encyclopedia, p. 452)
Kentucky rejected the 14th Amendment on January 8, 1867. (House Journal 1867, p. 60; Senate Journal 1867, p. 62)
Virginia rejected the 14th Amendment on January 9, 1867. (House Journal 1866-1867, p. 108; Senate Journal 1866-1867, p. 101)
Louisiana rejected the 14th Amendment on February 6, 1867. (McPherson, Reconstruction, p. 194; Annual Encyclopedia, p. 452)
Delaware rejected the 14th Amendment on February 7, 1867 (House Journal 1867, p. 223; Senate Journal 1867, p. 176)
Maryland rejected the 14th Amendment on March 23, 1867 (House Journal 1867, p. 1141; Senate Journal 1867, p. 808)
Mississippi rejected the 14th Amendment on January 31, 1867. (McPherson, Reconstruction, p. 194)
Ohio rejected the 14th Amendment on January 15, 1868 (House Journal 1868, pp. 44-50; Senate Journal 1868, pp. 33-38.)
New Jersey rejected the 14th Amendment on March 24, 1868. (Minutes of the Assembly 1868, p. 743; Senate Journal 1868, p. 356)
The fact that New Jersey and Ohio later voted to rescind ratification is irrelevant. The Constitution does not give states the power to change their mind on ratification. The reasoning should be clear - one or two states today could rescind their vote and the First or Second Amendments could be stricken from the Constitution. Regardless, 9 more states voted to ratify after South Carolina. The 14th Amendment was ratified, it's legal, and it's part of the Constitution.
Proposal and ratification
The United States Congress proposed the Fourteenth Amendment on June 13, 1866, and, by July 9, 1868, three-fourths of the states (28 of 37) had ratified the amendment:
Connecticut (June 25, 1866)
New Hampshire (July 6, 1866)
Tennessee (July 19, 1866)
New Jersey (September 11, 1866)*
Oregon (September 19, 1866)
Vermont (October 30, 1866)
Ohio (January 4, 1867)*
New York (January 10, 1867)
Kansas (January 11, 1867)
Illinois (January 15, 1867)
West Virginia (January 16, 1867)
Michigan (January 16, 1867)
Minnesota (January 16, 1867)
Maine (January 19, 1867)
Nevada (January 22, 1867)
Indiana (January 23, 1867)
Missouri (January 25, 1867)
Rhode Island (February 7, 1867)
Wisconsin (February 7, 1867)
Pennsylvania (February 12, 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 having rejected it on December 14, 1866)
Louisiana (July 9, 1868, after having rejected it on February 6, 1867)
South Carolina (July 9, 1868, after having rejected it on December 20, 1866)
*Ohio passed a resolution that purported to withdraw its ratification on January 15, 1868. The New Jersey legislature also tried to rescind its ratification on February 20, 1868. The New Jersey governor had vetoed his state’s withdrawal on March 5, and the legislature overrode the veto on March 24. Accordingly, on July 20, 1868, Secretary of State William H. Seward certified that the amendment had become part of the Constitution if the rescissions were ineffective. The Congress responded on the following day, declaring that the amendment was part of the Constitution and ordering Seward to promulgate the amendment.
Meanwhile, two additional states had ratified the amendment:
Alabama (July 13, 1868, the date the ratification was “approved” by the governor)
Georgia (July 21, 1868, after having rejected it on November 9, 1866)
Thus, on July 28, Seward was able to certify unconditionally that the amendment was part of the Constitution without having to endorse the Congress’s assertion that the withdrawals were ineffective.
There were additional ratifications and rescissions; by 2003, the amendment had been ratified by all of the 37 states that were in the Union in 1868:
Virginia (October 8, 1869, after having rejected it on January 9, 1867)
Mississippi (January 17, 1870)
Texas (February 18, 1870, after having rejected it on October 27, 1866)
Delaware (February 12, 1901, after having rejected it on February 7, 1867)
Maryland (1959)
California (1959)
Oregon (1973, after withdrawing it on October 15, 1868)
Kentucky (1976, after having rejected it on January 8, 1867)
New Jersey (2003, after having rescinded it on February 20, 1868)
Ohio (2003, after having rescinded on January 15, 1868)
Corporate personhood
1886 – Santa Clara County v. Southern Pacific Railroad
[edit] Privileges or immunities
1868 – Crandall v. Nevada
1873 – Slaughter-House Cases
1908 – Twining v. New Jersey
1920 – United States v. Wheeler
1948 – Oyama v. California
1999 – Saenz v. Roe
Procedural due process/Incorporation
1833 – Barron v. Baltimore
1873 – Slaughter-House Cases
1883 – Civil Rights Cases
1884 – Hurtado v. California
1897 – Chicago, Burlington & Quincy Railroad v. Chicago
1900 – Maxwell v. Dow
1908 – Twining v. New Jersey
1925 – Gitlow v. New York
1932 – Powell v. Alabama
1934 – Snyder v. Massachusetts
1937 – Palko v. Connecticut
1947 – Adamson v. California
1952 – Rochin v. California
1961 – Mapp v. Ohio
1962 – Robinson v. California
1963 – Gideon v. Wainwright
1964 – Malloy v. Hogan
1966 – Miranda v. Arizona
1967 – Reitman v. Mulkey
1968 – Duncan v. Louisiana
1969 – Benton v. Maryland
1970 – Goldberg v. Kelly
1972 – Furman v. Georgia
1974 – Goss v. Lopez
1975 – O’Connor v. Donaldson
1976 – Gregg v. Georgia
2010 – McDonald v. Chicago
Substantive due process
1876 – Munn v. Illinois
1887 – Mugler v. Kansas
1897 – Allgeyer v. Louisiana
1905 – Lochner v. New York
1908 – Muller v. Oregon
1923 – Adkins v. Children’s Hospital
1923 – Meyer v. Nebraska
1925 – Pierce v. Society of Sisters
1937 – West Coast Hotel Co. v. Parrish
1973 – Roe v. Wade
1992 - Planned Parenthood v. Casey
1996 – BMW of North America, Inc. v. Gore
2003 – Lawrence v. Texas
Equal protection
1880 – Strauder v. West Virginia
1886 – Yick Wo v. Hopkins
1896 – Plessy v. Ferguson
1908 – Berea College v. Kentucky
1917 – Buchanan v. Warley
1942 – Skinner v. Oklahoma
1944 – Korematsu v. United States
1948 – Shelley v. Kraemer
1954 – Hernandez v. Texas
1954 – Brown v. Board of Education
1962 – Baker v. Carr
1965 – Griswold v. Connecticut
1967 – Loving v. Virginia
1976 – Examining Board v. Flores de Otero
1978 – Regents of the University of California v. Bakke
1982 – Mississippi University for Women v. Hogan
1986 – Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico
1996 – United States v. Virginia
1996 – Romer v. Evans
2000 – Bush v. Gore
Apportionment of Representatives
1974 – Richardson v. Ramirez
[edit] Power of enforcement
1883 – Civil Rights Cases
1966 – Katzenbach v. Morgan
1997 – City of Boerne v. Flores
2000 – United States v. Morrison
2001 – Board of Trustees of the University of Alabama v. Garrett
2003 – Nevada Department of Human Resources v. Hibbs
2004 – Tennessee v. Lane