Blog Post: Week 4

The Unanticipated Uses of the 14th Amendment

On July 9, 1868, the 14th Amendment was added to The Constitution of the United States. This Amendment states that "All persons born or naturalized in the United States and subject to the jurisdiction thereof, and citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." 

In simpler terms, This amendment was added to the Constitution to give any person born in America the legal right to live, work, vote, and pay taxes, particularly African Americans and former slaves. Sadly, you could currently say that this amendment has slid into a chance for businesses or corporate entities to protect themselves.

Santa Clara County v. Southern Pacific Railroad Co. was a court case from California that made it to the U.S. Supreme Court. This particular case was crucial in establishing corporate personhood. This let companies, businesses and corporations argue that their rights are protected under the 14th amendment. The decision from this case set a precedent in which corporations could argue certain protections under the 14th amendment using the argument of "corporate personhood."

The 14th Amendment, ratified in 1868, was originally intended to give citizenship and protect newly freed slaves in America. While it accomplished this goal, the 14th Amendment has also been used by corporations to protect themselves. This is done by using the 1886 case which set a precedent of "corporate personhood."