The Unfinished Act of Federalized Citizenship of Chattel slave Americans (SCOTUS)

The persistent and disproportionate exposure of the Reconstruction beneficiaries—namely, descendants of formerly enslaved persons—to concentrated homelessness, violent victimization, and civic instability constitutes a continuing evidentiary condition relevant to the Court’s interpretation of the Reconstruction Amendments and their enabling statutes.

While causation in complex social phenomena is multifactorial, the durability and concentration of these disparities support a reasonable inference that the full protective intent of the Civil Rights Act of 1866 and the Fourteenth Amendment to the United States Constitution has not been completely realized in practice.

Hence, as Martin Luther King, Jr. prophesied of America’s destiny on this matter of US Birthright citizenship to its chattel slaves and their descendant children, they “someday” experience the “equal Justice/Protection under the law…as is enjoyed by white citizens (The Act, Sec. 1), saying,

It would be fatal for the nation to overlook the urgency of the moment.
And those who hope that the Negro…will now be content, will have a rude awakening if the nation returns to business as usual.
There will be neither rest nor tranquility in America until the Negro is granted his citizenship rights.
The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.

This inference is reinforced by the historical narrowing of federal enforcement authority following decisions such as the Slaughter-House Cases, which limited the scope of the Privileges or Immunities Clause.

Accordingly, the Court may consider whether present conditions, viewed as circumstantial evidence, reflect not the failure of the statutory and constitutional design, but rather an incomplete execution of that design, thereby warranting renewed fidelity to its original protective purpose.