Thurgood Marshall Institute

Prof. @kurtlash1 says #SCOTUS in the ‘Slaughterhouse Cases’ missed an opportunity to infuse life + give meaning to the Privileges and Immunities Clause of the 14th Amendment. The clause “disappeared from the stage,” thanks to the high court. @ConstitutionCtr #AmericasTownHall

The Privileges and Immunities Clause was essentially rendered “a nullity,” adds @RosenJeffrey — no more than words on paper. But @kurtlash1 says that a silver lining came decades later, as #SCOTUS began to protect people’s rights through the 14th Am.’s Due Process Clause.

“The country erupted into political controversy” as to whether the 14th Amendment was an appropriate way to reorder the political structure of the nation — and the central government’s relationship with the states, says @kurtlash1. Among its opponents: President Andrew Johnson.

Despite fierce initial opposition to the 14th Amendment, as well as political and judicial setbacks, its promise of equality and citizenship were in due time vindicated and are now central tenets of America’s constitutional identity. #AmericasTownHall @ConstitutionCtr

Eric Foner: The black church as it exists today, the black family, black schools — they all came out out of Reconstruction. Despite the period’s failures, those are some of its successes and should be recognized. #AmericasTownHall @ConstitutionCtr

Kate Masur: The 13th, 14th, and 15th Amendments were the most important accomplishments of Reconstruction. They fundamentally transformed the Constitution, the relationship between the federal government and the states, and the rights of citizens in the face of inequality.

Nearly all panelists in the discussion ‘150 and Beyond: Debating the 14th Amendment’ essentially agree: The Supreme Court has played a critical role in watering down the promise of the 14th Amendment and Reconstruction writ large. #AmericasTownHall @ConstitutionCtr

Where do you see 14th Amendment jurisprudence going in the near future? @JNelsonLDF: #SCOTUS should revisit how racial discrimination is proved in court — both establishing intent and disparate impact of discriminatory actions should embrace a more expansive analysis.

.@KWestFaulcon: #SCOTUS should make Justice Harlan’s view of the 14th Amendment the law of the land and should revive Congress’ enforcement power over the amendment under Section 5.

This is @Profepps’ vision for the 14th Amendment: For Congress to rely on its text to advance a union of truly democratic states, where the right to vote is respected and no person is shut out of the political process for any reason. #AmericasTownHall @ConstitutionCtr

Prompted by @Sifill_LDF, @EricHolder says there’s a need to get people to be more “conversant” with the text of the 14th Amendment — just as they may be with other constitutional rights. #AmericasTownHall @ConstitutionCtr

.@EricHolder: “Our nation was reordered by” the Reconstruction amendments. He predicts there’ll be a “fourth iteration” of our democracy — fueled in part by the current political moment and the promise of equality found in the 14th Amendment. #AmericasTownHall @ConstitutionCtr

.@EricHolder: In the 22nd century, the 14th Amendment will be as “vibrant” as it’s been in recent decades — both the protections it will provide to future generations and the areas where its reach has been limited. #AmericasTownHall @ConstitutionCtr

“I think we need basic reforms of our political system,” says @EricHolder. Among them: Reforms to gerrymandering, money in politics + strengthening voting rights. These changes, he said, would give “true voice to the citizens of this nation.” #AmericasTownHall @ConstitutionCtr