Presuming Liberty would do much to redirect decisions back to 14th Amendment's original intent.

The constitutional interpretation known as originalism seeks to identify the original meaning of its provisions but if the Constitution was devised to form a means of delivering the Declaration of Independence’s ideal that all men are created equal with the inalienable right to  Life, Liberty and the pursuit of happiness, as argued by Law Professor and Political Philosopher Randy Barnett, then the original had much to be remedied. He suggests Jurist presume Liberty and not Constitutionality as they presently do.

The 13th Amendment may have banished slavery but not its hegemony in law and opinion over a black man’s status. At the start of reconstruction Republicans felt something more was required to counter slavery’s mean spirited legacy. The 14th Amendment which came as a reaction defined citizenship and attempted to counter the denial of the privilege of happiness accorded to a citizen but from the start with Plessy V Ferguson decision establishing "separate but equal" the hard hearted bastardized its intent. Presuming Liberty would do much to redirect decision back to its original intent.