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.