Text and History Narratives

The Shield of National Protection: The Text & History of Section 5 of the Fourteenth Amendment

The Shield tells how the framers of the Fourteenth Amendment gave Congress the lead role in enforcing the Constitution’s new guarantees of liberty and equality, only to have this explicit grant of power decimated by a hostile Supreme Court. The modern Supreme Court has made matters even worse, treating these older cases as super-precedents while inventing new restrictions on Congress’ ability to ensure state officials obey Fourteenth Amendment rights. The report argues that the Supreme Court should reconsider these errors, and restore the shield of national protection to its intended stature.

Summary

In June 2009, CAC released The Shield of National Protection: The Text and History of Section 5 of the Fourteenth Amendment, the second in CAC’s Text and History Narrative Series and the follow-up to The Gem of the Constitution, our report on the Privileges or Immunities Clause.

The Shield tells how the framers of the Fourteenth Amendment gave Congress the lead role in enforcing the Constitution’s new guarantees of liberty and equality, only to have this explicit grant of power decimated by a hostile Supreme Court. The modern Supreme Court has made matters even worse, treating these older cases as super-precedents while inventing new restrictions on Congress’ ability to ensure state officials obey Fourteenth Amendment rights. The report argues that the Supreme Court should reconsider these errors, and restore the shield of national protection to its intended stature.

More from Civil and Human Rights

Civil and Human Rights
May 19, 2025

Debate over transgender rights grows more fraught in new Trump era

The Christian Science Monitor
Actions by the Trump administration have been pushing back on transgender inclusion, amid sharp public...
Civil and Human Rights
March 19, 2025

Viewpoint: The North Dakota Constitution’s protections include reproductive autonomy

North Dakota's Grand Forks Herald
The Court should live up to North Dakota’s history as a state with some of...
By: Nargis Aslami
Civil and Human Rights
February 27, 2025

What You Should Know About the Right to Protection in the Trump Era

Washington Monthly
The 14th Amendment was meant to enforce the laws equally, not put vulnerable populations in...
By: David H. Gans
Civil and Human Rights
U.S. District Court for the Western District of Washington

Shilling v. Trump

In Shilling v. Trump, the United States District Court for the Western District of Washington considered whether Trump’s Executive Order categorically barring transgender persons from serving in the military is unconstitutional.
Civil and Human Rights
February 19, 2025

History of the North Dakota Constitution Amicus Brief in Access Independent Health Services Inc., d/b/a Red River Women’s Clinic v. Wrigley

Center for Reproductive Rights
Amicus is the Constitutional Accountability Center, a think tank and public interest law firm dedicated...
Civil and Human Rights
U.S. District Court for the District of Columbia

Talbott v. Trump

In Talbott v. Trump, the United States District Court for the District of Columbia considered whether Trump’s Executive Order categorically barring transgender persons from serving in the military is unconstitutional.