The 14th Amendment is often celebrated as a milestone in America’s journey toward equality. Ratified in 1868, it granted citizenship to all individuals born or naturalized in the United States and promised equal protection under the law. But behind its noble intentions, the 14th Amendment also carried significant consequences that many Americans would not be happy to discover.

Here’s a closer look at the hidden aspects of the 14th Amendment that you probably weren’t taught in school—and why they still matter today.

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1. It Cemented Federal Power Over States

Before the 14th Amendment, the United States operated under a stronger emphasis on state sovereignty. The 14th Amendment changed that dynamic by giving the federal government the authority to enforce civil rights protections and override state laws that violated the amendment.

While this shift was necessary to combat state-level injustices, such as segregation and discriminatory laws, it also expanded federal oversight into areas previously managed by states. Critics argue that this paved the way for the federal government to increasingly encroach on states’ rights, sparking ongoing debates about the balance of power between federal and state governments.

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2. It Was Used to Protect Corporate Interests

One of the most controversial aspects of the 14th Amendment’s history is its application to corporations. In the late 19th century, corporations began using the amendment’s equal protection clause to argue that they, like individuals, deserved constitutional protections.

The landmark case Santa Clara County v. Southern Pacific Railroad Co. (1886) established the precedent that corporations are “persons” under the law, granting them rights originally intended for individuals.

Why This Matters

• Corporate “personhood” has allowed companies to challenge regulations, dodge accountability, and exert disproportionate influence on politics through lobbying and campaign financing.
• Many Americans are unaware that the 14th Amendment, designed to protect former slaves, has been instrumental in empowering corporations at the expense of individual citizens.

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3. It Didn’t Fully Deliver on Its Promises

While the 14th Amendment promised equal protection under the law, its implementation has been far from perfect. After its ratification, Southern states enacted Jim Crow laws, using loopholes and systemic practices to continue disenfranchising African Americans.

Even today, systemic inequities persist in education, criminal justice, and economic opportunities, highlighting the gap between the amendment’s ideals and reality.

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4. It Was Used to Justify Mass Surveillance

The 14th Amendment’s due process clause has been used to justify controversial government actions, including mass surveillance programs. Legal interpretations have argued that the government can infringe upon privacy and other rights as long as the process is deemed “fair” under the law.

For example:

• Programs like the National Security Agency’s (NSA) bulk data collection often cite constitutional justifications tied to public safety.
• Critics argue that such actions disproportionately affect marginalized communities, eroding civil liberties in the name of national security.

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5. It Failed to Address the Indigenous Experience

The 14th Amendment granted citizenship to individuals born in the U.S., but this did not include Native Americans at the time of its ratification. Indigenous peoples were not considered U.S. citizens until the Indian Citizenship Act of 1924.

This exclusion highlights the selective application of “equal protection” and the continued marginalization of Native communities throughout American history.

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6. It Opened the Door to Federal Overreach in Individual Lives

By establishing the federal government’s power to enforce civil rights, the 14th Amendment also created a precedent for federal involvement in other aspects of individual lives. Critics argue that this has led to:

• Over-criminalization: Federal laws and regulations have expanded into areas traditionally managed at the local level.
• Surveillance culture: Increasing government oversight and monitoring, often justified as protecting civil rights or national security.

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Why Should You Care?

The 14th Amendment is a double-edged sword. While it is a cornerstone of civil rights and equality, its broader implications reveal how government power, corporate influence, and systemic inequities can arise from even the most well-intentioned laws.

What Can We Do?

1. Stay Informed: Educate yourself about the history and consequences of constitutional amendments. Knowledge is power.
2. Advocate for Accountability: Push for reforms that ensure corporations and the government cannot misuse constitutional protections.
3. Fight for Justice: Recognize the amendment’s shortcomings and work toward policies that fulfill its original promises of equality and fairness.

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Conclusion

The 14th Amendment is a vital part of America’s legal framework, but its history is far more complex than the celebratory narratives we often hear. By uncovering its hidden impacts, we can better understand the challenges we face today—and take steps to create a more equitable society.

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References

1. Foner, Eric. The Second Founding: How the Civil War and Reconstruction Remade the Constitution. W.W. Norton & Company, 2019.
2. Blackmon, Douglas A. Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II. Anchor Books, 2008.
3. Urofsky, Melvin I. Dissent and the Supreme Court: Its Role in the Court’s History and the Nation’s Constitutional Dialogue. Pantheon Books, 2015.
4. PBS. “Reconstruction: The Second Civil War.”
5. Legal Information Institute. “14th Amendment.” Cornell Law School.

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By A.L. Childers, author of Silent Chains: Breaking Free from Conformity and Injustice.

What do you think about the hidden impacts of the 14th Amendment? Share your thoughts in the comments below!