Even so, the three constitutional amendment ratified after the war contain a significant clause: “Congress shall have power to enforce this article by appropriate legislation.” Why is this significant? Because it shows that even the conquerors still understood that a new power of Congress required a constitutional amendment. It couldn’t just be taken by majority vote, as it would be today. If the Congress then had wanted a national health plan, it would have begun by asking the people for an amendment to the Constitution authorizing it to legislate in the area of health care. The immediate purpose of the Fourteenth Amendment was to provide a constitutional basis for a proposed civil rights act.
But the Supreme Court soon found other uses for the Fourteenth Amendment. It began striking down state laws as unconstitutional. This was an important new twist in American constitutional law.
Thanks for a concise recap, tho it should be pointed out that IIRC the state laws the Supremes struck down back then included the more blatant Jim Crow legislation.
Birdwatcher
"...if the gentlemen of Virginia shall send us a dozen of their sons, we would take great care in their education, instruct them in all we know, and make men of them." Canasatego 1744
