Constitutional Law
Feb. 4, 2011
Reclaiming the 14th Amendment
The intent standard used in equal protection jurisprudence has failed to protect African Americans from subtler forms of discrimination. By Reggie Shuford of the Equal Justice Society.
The 14th Amendment isn't what it used to be.
Enacted in 1868, the 14th Amendment was intended to protect blacks from the violence and inequality that arose after the Civil War. Just over a decade earlier, the U.S. Supreme Court had decided Dred Scott v. Sandford, ruling that all people of African ancestry - slaves and those who were free - could never become U.S. citizens and therefore, could not sue in federal court. Confe...
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