Why didn’t discrimination end with the 14th Amendment?

1 answer

The 14th Amendment, ratified in 1868, was a significant milestone in the struggle for civil rights in the United States, as it granted citizenship to all persons born or naturalized in the country and provided for equal protection under the law. However, there are several reasons why discrimination did not end with its ratification:

  1. Interpretation and Enforcement: The 14th Amendment's promises were often undermined by the interpretations of the Supreme Court and other legal entities. For instance, in the late 19th century, the Supreme Court ruled in cases like Plessy v. Ferguson (1896) that "separate but equal" facilities were constitutional, legitimizing racial segregation.

  2. Systemic Racism: Discrimination is deeply rooted in societal norms, attitudes, and practices. Even when legal protections were established, social and economic disparities persisted, and many white citizens resisted the changes brought about by the amendment.

  3. Jim Crow Laws: Following the Reconstruction era, many Southern states enacted Jim Crow laws that enforced racial segregation and disenfranchised Black citizens. These laws were designed to circumvent the protections offered by the 14th Amendment.

  4. Lack of Federal Enforcement: For much of American history, there was little federal oversight or enforcement of civil rights. This lack of federal intervention allowed states to continue discriminatory practices without consequences.

  5. Ongoing Struggles for Rights: The fight for civil rights did not end with the passage of the 14th Amendment. Activists, organizations, and social movements have worked for decades, and continue to work, to achieve true equality and address both de jure (legal) and de facto (practical) discrimination.

  6. Economic and Social Factors: Discrimination is not only a legal issue but is also tied to economic and social inequalities. Access to education, employment, housing, and other resources has historically been unequal, perpetuating disadvantage for marginalized groups.

In summary, while the 14th Amendment was a crucial step toward equality, the failure to fully implement its protections, combined with ongoing systemic issues and societal resistance, led to the continuation of discrimination in various forms. The struggle for civil rights and equality has been an ongoing process that extends well beyond the formal legal framework established by the amendment.