Its not so cut and dry. Its not that modern liberals moved away from classic liberalism… it was a recognition a government wasn’t the only threat to liberty but that so could corporations be. It was a response to the way these large corporations essentially denied workers liberty by creating conditions that were dangerous, unfair, and made it hard for the lower classes to escape poverty. It was a rejection of the laissez-faire capitalism that led to the exploitation of the worker.
So basically they moved away from the aspect of liberalism that was anti-government while still embracing the idea of individual liberty… a balance between personal freedom and letting capitalists do whatever they want.
Myra Bradwell arguing that Illinois violated the Fourteenth Amendment’s equal protection provision. The Supreme Court saw otherwise, ruling that the amendment did not require states to open the legal profession to women. One justice wrote: “The paramount destiny and mission of women are to fulfill the noble and benign offices of wife and mother.”
Almost 100 years later the U.S. Supreme Court changed its tune. In the 1970s the country’s highest court began to apply the 14th Amendment’s equal protection clause to sex discrimination cases, finding it prohibited unequal treatment on the basis of gender. By 1976, the Supreme Court ruled that under the 14th amendment, men and women could be treated differently under the law only if it served an “important governmental objective.”
As recently as 2010 Supreme Court Justice Antonin Scalia publicly stated that the 14th amendment does not prohibit against sex discrimination.
Ah, you are arguing execution, not application. The 14th always applied to all persons and citizens. That it was not applied is a different question all together.
A good example of why we shouldn’t allow ourselves to be ruled by a nonumvirate in bath robes.