Expressing the sense of the House of Representatives that the United States must recommit to defend and uphold the rights and protections guaranteed by the Fourteenth Amendment to the United States Constitution to ensure that our democracy works for all of us, not just a powerful few.
- Bill Number
- H.Res. 1038
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Civil Rights and Liberties, Minority Issues
- Status
- Introduced
- Latest Action
- 2026-02-04: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-02-12T14:59:04Z
AI-Generated Summary
Purpose
This resolution (H. Res. 1038) expresses the sense of the House of Representatives that the United States must reaffirm its commitment to protecting the rights guaranteed by the Fourteenth Amendment to the U.S. Constitution. It emphasizes ensuring democracy benefits everyone, not just a powerful elite, in response to perceived threats to fundamental rights like birthright citizenship, due process (fair legal procedures), and equal protection under the law.
Key Provisions
The resolution includes a series of "Whereas" clauses providing historical and current context, followed by seven resolved points:
- Affirms the Fourteenth Amendment as a foundation of multiracial democracy, guaranteeing birthright citizenship (automatic citizenship for those born in the U.S.), due process, and equal protection.
- Calls on all branches of the federal government to defend these rights.
- Urges Congress to oppose any laws, executive actions, or policies that weaken or bypass these guarantees.
- Specifically commits to preserving birthright citizenship.
- Pledges to advance full equal protection and due process for all people.
- Supports individuals, communities, workers, and civic groups fighting for inclusive democracy.
- Encourages elected officials at all government levels to uphold their constitutional duties and actively protect Fourteenth Amendment principles.
Significant Changes to Existing Law
This is a non-binding resolution, meaning it does not create, amend, or repeal any laws. It serves only as a formal statement of the House's position and has no legal force.
Potential Impacts
- On government agencies and officials: It may encourage federal agencies and lawmakers to prioritize civil rights protections in policy decisions, though it lacks enforcement power. It could influence executive actions on immigration or voting rights.
- On citizens: Provides symbolic reassurance to vulnerable groups, such as immigrants, racial minorities, and low-income communities, by highlighting threats to their rights and calling for broader democratic access. It has no direct effect on individual rights or services.
- On international relations: Minimal direct impact, but it could signal U.S. commitment to constitutional democracy abroad, potentially bolstering America's image on human rights issues.
Main Stakeholders Affected
- Members of Congress and federal government branches: Directly addressed as oath-bound to defend the Constitution; may face political pressure to align with the resolution's principles.
- Citizens and communities: Particularly immigrants, racial and ethnic minorities, and marginalized groups who rely on Fourteenth Amendment protections for citizenship, fair trials, and equal treatment.
- Civic and advocacy groups: Supported explicitly, including labor unions and organizations working on voting rights, immigration, and equality.
- Elected officials at state and local levels: Urged to act in line with the resolution, potentially affecting local policies on elections or detention.
Notable Legal, Constitutional, or Political Implications
- Legal/Constitutional: Reinforces the Fourteenth Amendment's role as a post-Civil War cornerstone (ratified in 1868) for equality and citizenship, without introducing new interpretations. It counters potential challenges to these rights but cannot prevent court rulings or executive orders.
- Political: As a partisan-initiated measure (introduced by Democratic members), it highlights divisions over issues like immigration and voting access. It could spark debates in Congress or influence public discourse on democracy, serving as a tool for advocacy rather than legislative change. No immediate constitutional risks, but it underscores ongoing tensions in interpreting "multiracial democracy."
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (13)
Rep. Costa, Jim [D-CA-21], Rep. Craig, Angie [D-MN-2], Rep. Evans, Dwight [D-PA-3], Rep. Lee, Summer L. [D-PA-12], Rep. Lynch, Stephen F. [D-MA-8], Rep. Moulton, Seth [D-MA-6], Rep. Omar, Ilhan [D-MN-5], Rep. Ramirez, Delia C. [D-IL-3], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Pressley, Ayanna [D-MA-7], Rep. Cisneros, Gilbert Ray [D-CA-31], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Carbajal, Salud O. [D-CA-24]
Recent Actions
- 2026-02-04: Referred to the House Committee on the Judiciary.
- 2026-02-04: Submitted in House
- 2026-02-04: Submitted in House
Bill Versions
- Expressing the sense of the House of Representatives that the United States must recommit to defend and uphold the rights and protections guaranteed by the Fourteenth Amendment to the United States Constitution to ensure that our democracy works for all of us, not just a powerful few. — issued 2026-02-04 — PDF (4 pages)