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DecBytes15d ago
'Before the Fourteenth Amendment was passed in 1868, numerous laws in both the North and the South specified different treatment for black and white citizens. More such laws were passed in the South after the Civil War and—particularly in the case of sweeping “vagrancy” laws—virtually reenslaved the emancipated Negro. Other laws had existed even before the Civil War to control the half million “free persons of color” and to deny them such fundamental rights as the right to testify in court (except against other blacks), to move freely from place to place, or even to educate their own children at their own expense. The sweeping and extreme nature of these denials of the most ordinary and basic rights must be understood as a background to the words of the Fourteenth Amendment. The “equal protection of the laws” had a very plain and simple meaning—and a very limited meaning, falling far short of a social revolution. So too did the ban on any state action to deprive anyone of “life, liberty, or property” without “due process.” The writers of these words explicitly, repeatedly, and even vehemently denied any interpretations going beyond prohibition of the gross abuses all too evident around them. Even voting rights were not included.' Sowell, Thomas. Knowledge And Decisions (p. 247).
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DecBytes15d ago
Initially the supreme court stayed within a limited scope of the amendment... The nineteenth-century Supreme Court decisions under the Fourteenth Amendment followed the limited scope and intentions of its authors. The Court declared that it was only “state action of a particular character that is prohibited”; “Individual invasion of individual rights is not the subject matter of the amendment.” Public accommodation laws were therefore held invalid. Even lynchings of prisoners in state custody were ruled beyond the scope of the Amendment. Sowell, Thomas. Knowledge And Decisions (p. 247).
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DecBytes15d ago
Then things started to change in the 20th century... 'In the twentieth century, the Supreme Court began to expand the meaning of “state action” in a series of cases (beginning in the 1920s)' Sowell, Thomas. Knowledge And Decisions (p. 247). This expansion left a problem which is... 'What was left unresolved was not merely the question of where to draw the line—a “precise formula”—but on what principle.' Sowell, Thomas. Knowledge And Decisions (p. 248). And that is the state of the 14th amendment today. The expansion of the 14th amendment interpretation, reinterpretation or scope has exposed a problem and that is on what principle is the 14th amendment based.
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DecBytes15d ago
Reference https://oll.libertyfund.org/titles/mcdonald-government-by…
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