The 1619 Project: A New Origin Story

by Nikole Hannah-Jones

The Fifth Amendment’s language protecting private property resurfaced in the Fourteenth Amendment, ratified during Reconstruction, which established legal and civil rights for Black Americans by mandating “equal protection of the laws” and prohibiting states from denying people “life, liberty, or property, without due process.” It didn’t take long for corporate attorneys to realize that the Fourteenth Amendment could help strengthen business interests too. This was affirmed in 1886 by Chief Justice Morrison Waite, who plainly stated before oral arguments for Santa Clara County v. Southern Pacific Railroad Co. that the Supreme Court believed that the Fourteenth Amendment applied to corporations as well as to people.23 The Fourteenth Amendment became the most cited amendment in Supreme Court cases, leaving a profound impact on private law.