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Keyword: fourteenthamendment

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  • Prediction time: Will John Roberts break with the right on gay marriage too?

    06/25/2015 5:12:39 PM PDT · by Kaslin · 111 replies
    Hot ^ | June 25, 2015 | ALLAHPUNDIT
    Having totally predicted the outcome of today’s ObamaCare decision, I feel obliged to try to guess the vote count on tomorrow’s (or next week’s?) gay-marriage outcome too. In some ways this is an easier call than King v. Burwell, in some ways it’s harder. It’s easier in the sense that the outcome isn’t in doubt. There was, at least, a chance (according to some people, not me) that Roberts and Kennedy would side with the other conservatives and strike down federal O-Care subsidies. To predict King correctly, you had to guess the outcome before you guessed the votes. The gay-marriage...
  • Why Memorial Day Has Special Significance for African Americans

    05/25/2015 5:11:13 PM PDT · by nickcarraway · 21 replies
    The Root ^ | May 25 2015 | THEODORE R. JOHNSON III
    They have long been overrepresented in the military, serving and dying for a country that has not always celebrated their freedom or rewarded their sacrifice.Memorial Day is a sacred occasion when we pay tribute to all the military men and women who have died in service to the United States. It is also an observance that owes its creation to blacks. This tradition began when newly freed slaves decorated the grave sites of Civil War soldiers as a way to honor those who had fought for their freedom. But blacks were not just passive bystanders. Many of volunteered to...
  • Sen. Cruz Joins Amicus Brief Supporting the Right of States to Define Marriage

    04/13/2015 3:03:40 PM PDT · by SoConPubbie · 59 replies ^ | April 9, 2015 | Sen. Ted Cruz
    In our federal system, states should be able to define marriage as the union of one man and one woman WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-TX) on Friday joined an amicus brief on behalf of 57 members of Congress in support of the right of states to define marriage as the union of one man and one woman. The brief was filed in four cases that the Supreme Court will jointly hear on April 28, 2015, in which same-sex couples challenge the marriage laws of Ohio, Tennessee, Michigan, and Kentucky, all of which were upheld by the U.S....
  • Clarence Thomas: 'Another Example of This Courts Increasingly Cavalier Attitude Toward the States'

    02/10/2015 6:03:47 AM PST · by xzins · 141 replies
    CNS ^ | February 9, 2015 | Terence P. Jeffrey
    In a dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas excoriated his fellow justices for refusing to temporarily stop enforcement of a federal district judge's ruling that overturned the marriage laws of the state of Alabama and ordered Alabama to recognize as legal "marriages" unions between two people of the same sex. On Jan. 23, U.S. District Judge Callie Granade ruled that Alabama laws limiting marriage to the union of one man and one woman violated the 14th Amendment guarantee of equal protection of the law. Alabama Attorney General Luther Strange petitioned the Supreme Court to prevent the...
  • Northern Mariana Islands Sued for Damages under 2nd and 14th Amendments

    01/02/2015 5:12:23 AM PST · by marktwain · 12 replies
    Gun Watch ^ | 31 December, 2014 | Dean Weingarten
    A United States military veteran, of Northern Mariana decent, has filed a complaint in federal court, asking for damages because his second amendment rights have been denied. The damages appear to be quite clear, as his guns were confiscated upon his arrival in the Islands in July of 2007, and the Department of Public Safety has refused release two rifles to him, even after the issue of a CNMI Firearms, Ammunition, Explosive's identification card in September of 2007. From DPS withheld all firearms and ammunition until the issuance of a CNMI Firearms, Ammunition, Explosives identification card on Sept....
  • Black GA Legislators Sue to Dissolve Super-Majority White Cities

    03/29/2011 4:47:17 PM PDT · by mandaladon · 32 replies
    The Blaze ^ | 29 Mar 2011 | Emily Esfahani Smith
    The Atlanta Journal-Constitution reports: The Georgia Legislative Black Caucus filed a lawsuit Monday against the state of Georgia seeking to dissolve the city charters of Dunwoody, Sandy Springs, Johns Creek, Milton and Chattahoochee Hills. Further, the lawmakers, joined by civil rights leader the Rev. Joseph Lowery, aim to dash any hopes of a Milton County. The lawsuit, filed in a North Georgia U.S. District Court Monday, claims that the state circumvented the normal legislative process and set aside its own criteria when creating the super-majority white cities within Fulton and DeKalb counties. The result, it argues, is to dilute...
  • The 14th Amendment and the Debt Ceiling

    10/07/2013 2:28:12 AM PDT · by Cincinatus' Wife · 15 replies
    National Review Online ^ | October 7, 2013 | Charles C. W. Cooke
    ...............Members of Congress, meanwhile, seem to be thrilled by the idea of having their roles usurped. I think the 14th Amendment covers it, a blas Nancy Pelosi told reporters in late September. The president and I have a disagreement in that regard, I guess! In 2011, Harry Reid made it clear that he has a disagreement, too. We believe you must be willing to take any lawful steps to ensure that America does not break its promises and trigger a global economic crisis, Reid wrote and without congressional approval, if necessary. Among a host of other members of Congress...
  • A Simple Way to Pre-Empt Obama's Threat to Use the 14th Amendment to Raise Ceiling

    10/06/2013 8:58:40 PM PDT · by Be Careful · 29 replies
    Oct. 6, 2013 | self
    Creating a CR that would pay our principal and interest on existing debt would effectively pre-empt any action Obama would attempt to take by using the 14th amendment in order to raise the debt ceiling. From what I have read, the 14th amendment may be one method to keep the country from going into default. But, Obama is trying to take it one step further by the misuse of the amendment in order to also raise the ceiling as well. He cannot raise the ceiling using the 14th. If he even gets a chance to press this, it will create...
  • Bill Clinton: I'd use 14th Amendment

    07/19/2011 6:46:51 AM PDT · by Sub-Driver · 53 replies
    Bill Clinton: I'd use 14th Amendment By: Jennifer Epstein July 19, 2011 06:25 AM EDT Former President Bill Clinton would invoke the 14th Amendment - without hesitation, and force the courts to stop me, he says - to raise the debt ceiling if he were in President Barack Obamas shoes, with the deadline to raise the limit just two weeks away. I think the Constitution is clear and I think this idea that the Congress gets to vote twice on whether to pay for [expenditures] it has appropriated is crazy, Clinton said in an interview with journalist Joe Conason. Clinton...
  • Video: Obama Admits He Is Not A Natural Born Citizen

    04/25/2011 6:31:14 PM PDT · by EricaD · 9 replies
    Jefferson's Rebels ^ | 4/25/11 | Erica
    Video: Obama Admits He Is Not A Natural Born Citizen
  • Righthaven judge: Review-Journal implied license defense may have merit

    09/20/2010 6:35:22 PM PDT · by redreno · 26 replies · 2+ views
    Las Vegas Sun ^ | Monday, Sept. 20, 2010 | 11:39 a.m. | By Steve Green
    Las Vegas copyright enforcement company Righthaven LLC has suffered a legal setback, with the newest federal judge in Las Vegas ruling one of the Righthaven defendants may have a meritorious defense in arguing the Las Vegas Review-Journal provides an "implied license" for the online reposting of its stories. U.S. District Judge Gloria Navarro on Friday granted a request by defendant Jan Klerks of Chicago that a clerk's default against him be set aside so he can fight the Righthaven lawsuit -- a motion Righthaven had opposed.
  • Americans Would Deny Citizenship to Some Born in U.S.

    08/19/2010 5:30:30 PM PDT · by Princeverdi · 37 replies
    Most people in the United States disagree with the current interpretation of the Fourteenth Amendment to the Constitution, which grants automatic citizenship to all children born on American soil, according to a poll by Angus Reid Public Opinion. 55 per cent of respondents would not grant citizenship to children born to foreigner tourists traveling with valid visas. In addition, 67 per cent of respondents would deny citizenship to the offspring of people who are in the U.S. illegally. Seventy per cent of Americans think the children of foreigners with legal documentation, such as students or workers with a proper visa,...
  • Why the 14th Amendment does not confer citizenship on the children of illegal aliens

    08/13/2010 3:37:36 PM PDT · by La Lydia · 66 replies · 1+ views
    House Subcommittee on Immigration and Claims ^ | June 25, 1997 | Prof. Edward J. Erler
    It is my considered opinion that Congress has authority under Section 5 of the Fourteenth Amendment to define the jurisdiction of the United States. Indeed, it is my contention that Congress has exercised that power on many occasions, most recently in the Immigration Reform and Control Act of 1986. Senator Jacob Howard, the author of the citizenship clause in the Fourteenth Amendment, defined who would fall within the "jurisdiction of the United States": [E]very person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of...
  • Birth of a Strategy: Talking Immigration With Lindsey Graham

    08/08/2010 3:27:41 PM PDT · by neverdem · 17 replies
    NATIONAL REVIEW ONLINE ^ | August 06, 2010 | Daniel Foster
    Yesterday I spoke with Sen. Lindsey Graham (R., S.C.) who caused a bit of a stir by tentatively endorsing a plan to modify the century-old standard of birthright citizenship — by constitutional amendment if necessary. I asked the senator about what such an amendment would look like and whether it stands a chance of ratification, and about whether he favors the amendment in part as a way to sell his comprehensive immigration plans to conservatives in South Carolina and across the country. Below is an edited transcript of our conversation.Daniel Foster: When you spoke up about birthright citizenship along with...
  • The Republican war on the Constitution (Bob Shrum: You can have your cake and eat it too!)

    08/06/2010 12:23:10 PM PDT · by neverdem · 24 replies
    The Week ^ | August 5, 2010 | Robert Shrum
    For a GOP doubling down on a strategy of division and discrimination, the Constitution appears increasingly old and in the way. As part of a crass strategy to appeal to anti-immigrant paranoia and racism, Republican leaders are now assaulting the Fourteenth Amendment to the Constitution. The Amendment, which was passed after Lincolns death, ratified his lifes work. Republicans propose to repeal its guarantee of citizenship as a birthright, and while the impetus for this assault on constitutional principle comes from the GOPs tea-intoxicated fringe, it has been seconded by Senate Republican Leader Mitch McConnell, Sen. John McCain, and Sen. Lindsey...
  • John McCain supports citizenship hearings (McCain wants to explore amending the Constitution)

    08/03/2010 5:03:58 PM PDT · by rabscuttle385 · 77 replies · 294+ views
    Politico ^ | 2010-08-03 | Manu Raju & Scott Wong
    Sens. John McCain (R-Ariz.) and Jeff Sessions (R-Ala.) on Tuesday added their voices to GOP calls for congressional hearings into altering the Constitution's 14th Amendment, which grants citizenship to U.S.-born children of illegal immigrants. (snip) McCain said Tuesday the he supports the concept of holding hearings. In a statement issued Tuesday afternoon, McCain expanded on his terse comments from earlier in the day, saying that the Constitution is a strong, complete and carefully crafted document that has successfully governed our nation for centuries and any proposal to amend the Constitution should receive extensive and thoughtful consideration. Congressional hearings are always...
  • GOP Leader McConnell: Fourteenth Amendment is in Need of Review

    08/03/2010 8:17:59 AM PDT · by lbryce · 50 replies · 16+ views
    The Hill ^ | August 2, 2010 | J. Taylor Rushing
    Senate Minority Leader Mitch McConnell (R-Ky.) told The Hill on Monday that Congress ought to take a look at changing the 14th Amendment, which gives the children of illegal immigrants a right to U.S. citizenship. McConnells statement signals growing support within the GOP for the controversial idea, which has also recently been touted by Senate Minority Whip Jon Kyl (R-Ariz.) and Sen. Lindsey Graham (R-S.C.). In an interview, McConnell said the 14th Amendment provision should be reconsidered in light of the countrys immigration problem. McConnell stopped short of echoing Grahams call for repeal of the amendment. I think we ought...
  • Analysis: 2d Amendment extension likely

    03/02/2010 9:37:16 AM PST · by neverdem · 74 replies · 1,416+ views ^ | March 2nd, 2010 | Lyle Denniston
    The Supreme Court on Tuesday seemed poised to require state and local governments to obey the Second Amendment guarantee of a personal right to a gun, but with perhaps considerable authority to regulate that right.  The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment’s guarantee of “due process,” since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.When the Justices cast their first vote after starting later this week to discuss where to go from here, it appeared...
  • The NRA Muscles into McDonald v. Chicago - Gun nuts battle Constitution nuts at the...

    02/11/2010 10:25:28 AM PST · by neverdem · 59 replies · 1,079+ views
    Reason ^ | February 10, 2010 | Brian Doherty
    Gun nuts battle Constitution nuts at the Supreme Court McDonald v. Chicago, the Supreme Court case that will settle whether or not the Second Amendment applies to states and localities, is gearing up to radically challenge Court precedent when it comes to defending rights against state infringement. Alan Gura, lawyer for the Chicago plaintiffs whose right to effectively defend their lives in their own homes has been abridged by the city's ban on handgun possession, previously won 2008's D.C. v. Heller, the case establishing that the Second Amendment protects an individual right to possess weapons against federal encroachment. Gura is...
  • Two Against Two: Bloomberg And Lautenberg Pair Up To Violate The Second And Fourteenth...

    12/07/2009 9:35:05 AM PST · by neverdem · 5 replies · 581+ views
    NRA - ILA ^ | December 04, 2009 | NA
    11250 Waples Mill Road Fairfax, Virginia 22030 800-392-8683 Two Against Two: Bloomberg And Lautenberg Pair Up To Violate The Second And Fourteenth Amendments Friday, December 04, 2009 Is your name the same as, or similar to, that of someone on the FBIs terrorist watchlist? Or, have you been erroneously placed on the watchlist? You cant find out because the FBI wont say exactly why people get watchlisted, wont say who has been watchlisted, and therefore doesnt offer watchlisted people the chance to clear their names immediately. In fact, small children, federal air marshals, military personnel who have...
  • Urgent Alert: Ask Your U.S. Senators And Representative To Sign Amicus Brief Supporting Second...

    11/16/2009 1:02:20 PM PST · by neverdem · 3 replies · 578+ views
    NRA - ILA ^ | November 13, 2009 | NA
    11250 Waples Mill Road Fairfax, Virginia 22030 800-392-8683 Urgent Alert: Ask Your U.S. Senators And Representative To Sign Amicus Brief Supporting Second Amendment Rights In The States! Friday, November 13, 2009 As a critical Second Amendment case goes before theUnited StatesSupreme Court,U.S. Senators Kay Bailey Hutchison (R-TX)and Jon Tester (D-MT), andCongressmen Mike Ross(D-AR) and Mark Souder (R-IN) are gathering signatures for an amicus curiae (friend of the court) brief by Members of Congress. And we need your support for this important effortnext week.The case is McDonald v. City of Chicago, and it will answer the question of...
  • Punish Crime, Not The Thought

    10/09/2009 4:29:32 PM PDT · by Kaslin · 8 replies · 636+ views
    IBD Editorials ^ | October 9, 2009 | INVESTORS BUSINESS DAILY Staff
    'Hate' Crimes: The House has voted to make it a federal crime to assault people because of their sexual orientation. Aside from violating the Constitution's equal-protection clause, just what does this have to do with national defense? The House voted 281 to 146 Thursday to make it a crime to attack homosexuals and others. The measure was attached to a must-pass $680 billion defense bill. We think the amendment itself is a crime against common sense and the law. Saying "it's a very exciting day for us here in the Capitol," House Speaker Nancy Pelosi praised the passage of the...
  • Massachusetts Attorney General and District Attorneys Argue to Block Bill of Rights

    10/02/2009 12:46:09 PM PDT · by pabianice · 16 replies · 2,087+ views
    Gun Owners Action League ^ | 10/2/09 | Wallace
    Recently the Massachusetts Attorney General filed what is called an Amici Curiae (friend of the court brief) in the case of Commonwealth v. Richard Runyan. The brief is signed on to by a host of district attorneys and state officials. This is a case that is going before the Massachusetts Supreme Judicial Court regarding the Massachusetts firearm storage laws. In typical fashion of what we have come to expect of our state officials, the brief is full of support for state restrictions on innocent lawful citizens and an outright objection that the Second Amendment applies to the states. One of...
  • Bill of Rights, Inc. - Could a Second Amendment case establish Fourteenth Amendment originalism?

    06/08/2009 12:43:11 PM PDT · by neverdem · 16 replies · 1,066+ views
    National Review Online ^ | June 08, 2009 | Will Haun
    June 08, 2009, 4:00 a.m. Bill of Rights, Inc. Could a Second Amendment case establish Fourteenth Amendment originalism? By Will Haun The Seventh Circuit Court of Appeals recently decided McDonald v. City of Chicago, a challenge to Chicago’s gun ban. The case has major implications for protecting gun rights at the state level, but its importance goes further than that. Depending on what the Supreme Court does, it could make originalism — relying on the text of the Constitution and its amendments as they were understood when enacted — the accepted standard for interpreting the Bill of Rights, rather...
  • Why Congress Should Reject Federal 'Hate Crimes' Bill (It violates the 14th Amendment)

    05/02/2009 4:42:40 PM PDT · by Maelstorm · 14 replies · 1,574+ views ^ | Tue, Apr. 21 200 | By Tony Perkins
    The House Judiciary Committee will on Wednesday consider a proposed federal hate crimes bill, H.R. 1913. It would, for the first time, allow the federal government to step in and prosecute any violent crime anywhere in the country that is motivated by prejudice against a number of protected characteristics, including sexual orientation and gender identity (that is, cross-dressing and sex changes). All violent crimes should be vigorously prosecuted - but this novel legal approach violates several core principles and holds a number of dangers. 1) It violates the equal protection of the laws by protecting some victims more than others....
  • Yes, California, There Is an Individual Right to Keep and Bear Arms

    04/21/2009 5:10:29 AM PDT · by Delacon · 120 replies · 3,196+ views
    Cato at Liberty ^ | April 20, 2009 | Ilya Shapiro
    Last June, the Supreme Court ruled in District of Columbia v. Heller that the Second Amendment protects an individuals right to keep and bear arms, at least in the home for self-defense. Heres our own Bob Levy, who masterminded theHeller litigation,talking about that decision: While the Courts ruling was a watershed in constitutional interpretation, it technicallyapplied only to D.C., striking down the Districts draconian gun ban but not having a direct effect in the rest of the country.Well, today the Ninth Circuit (the federal appellate court covering most Western states) ruled that the Second Amendment restricts the power of state...
  • State loses attempt to argue anew for sex toy ban

    08/01/2008 4:08:41 PM PDT · by trumandogz · 32 replies · 72+ views
    AUSTIN A federal appeals court turned down Attorney General Greg Abbott's attempt to reinstate a ban on the sale and marketing of sex toys Friday, upholding its previous ruling that the prohibition violated Texans' right to privacy. The 5th U.S. Circuit Court of Appeals in February had struck down the Texas law, which made it illegal to sell or promote obscene devices. The attorney general sought a rehearing on the matter, decided by a panel of judges. The state argued that the full court should have a chance to rule, but the court turned down the request and said...
  • Pull Up Our Anchors To Discourage Illegal Immigration

    07/29/2008 7:24:24 AM PDT · by Oldeconomybuyer · 25 replies · 226+ views
    The Bulletin [Philadelphia, PA] ^ | July 29, 2008 | By: Herb Denenberg
    Contrary to popular opinion, current practice, and the conventional wisdom, children of illegal aliens born in the U.S. should not receive automatic citizenship. These children, sometimes called "anchor babies," have been thought to deserve automatic or birthright citizenship in accordance with the Constitution. However, Dr. Edward J. Erler, a political science professor at California State University, San Bernardino and a fellow at the Claremont Institute, makes a persuasive case against giving birthright citizenship to illegal-alien children born in the U.S. This month's issue of Hillsdale College's journal Imprimis discusses his views. It is one of the most valuable publications on...
  • Birthright Citizenship and Dual Citizenship: Harbingers of Administrative Tyranny

    07/21/2008 10:29:22 AM PDT · by K-oneTexas · 7 replies · 418+ views
    Imprimis - Hillsdale College ^ | July 2008 | Edward J. Erler
    Birthright Citizenship and Dual Citizenship: Harbingers of Administrative Tyranny by Edward J. Erler, Professor of Political Science, California State University, San Bernardino The following is adapted from a speech delivered at a Hillsdale College National Leadership Seminar on February 12, 2008, in Phoenix, Arizona. Edward J. Erler is professor of political science at California State University, San Bernardino, and a senior fellow of the Claremont Institute. He earned his B.A. from San Jose State University and his M.A. and Ph.D. in government from Claremont Graduate School. He has published numerous articles on constitutional topics in journals such as Interpretation, the...
  • 1, 2, 14 (Amendments of the Constitution)

    06/29/2008 5:15:53 PM PDT · by neverdem · 3 replies · 70+ views
    NY Sun ^ | June 27, 2008 | Staff Editorial
    Both of the men running for president displayed their shortcomings yesterday in reacting to the Supreme Court's ruling that the Second Amendment includes an individual right to keep a handgun at home for self-defense. The amendments at stake include not only the Second but also the First and the 14th, so even those who aren't handgun enthusiasts or partisans of gun control will want to pay attention. Senator Obama's statement was the more astounding one, if only because it came from a professor of constitutional law and a former editor of the Harvard Law Review. It's hard to know where...
  • Arming America - The Second Amendment now applies in the nation's capital. What about the...?

    06/29/2008 2:57:50 PM PDT · by neverdem · 24 replies · 134+ views
    Reason ^ | June 27, 2008 | Damon W. Root
    The Second Amendment now applies in the nation's capital. What about the states?For the past 32 years, law-abiding residents of Washington, D.C. have been at the mercy of one of America's most unforgiving gun control laws: a total ban on the possession of handguns in the home, as well as strict trigger lock and disassembly requirements for rifles and shotguns. Taken together, these restrictions have left Washingtonians unable to mount any sort of meaningful defense of themselves, their families, and their homes from armed intruders. But things changed on Thursday. In a landmark 5-4 decision in the case of District...
  • Inching back up the path toward freedom

    06/29/2008 6:16:39 AM PDT · by rellimpank · 14 replies · 104+ views
    Las Vegas Review-Journal ^ | 29 june 08 | Vin Suprynowicz
    Following Thursday's U.S. Supreme Court ruling on guns, sundry outraged mayors were fuming because the justices, "for the first time," discovered in the Constitution an individual right to bear arms, placing in danger all their precious (though thoroughly counterproductive) local victim disarmament edicts. The city of Chicago, for instance, currently governed by yet another Richard Daley (how many does this one make?) had filed an amicus brief arguing that since the Second Amendment restricts only federal gun-banning, it shouldn't apply to Cook County. That argument would have made some sense before enactment of the 14th Amendment in 1867 (apparently it...
  • CONFEDERATE PRIDE: Power, Legitimacy, and the 14th Amendment

    09/30/2007 3:05:43 PM PDT · by tpaine · 272 replies · 995+ views
    Power, Legitimacy, and the 14th Amendment by Joseph E. Fallon The justification for the vast, intrusive, and coercive powers employed by the government of the United States against its citizens from affirmative action to hate-crimes legislation, from multilingualism to multiculturalism, from Waco to Ruby Ridge is the 14th Amendment to the U.S. Constitution adopted in 1868, or, more specifically, the authority conferred upon Washington, explicitly or implicitly, by the privileges and immunities and equal protection clauses of that amendment. The government of the United States, as established by the U.S. Constitution in 1789, was effectively abolished by the 14th Amendment....
  • Ladies' Night Challenged as Un-Kool

    09/28/2007 8:21:41 PM PDT · by Tolerance Sucks Rocks · 37 replies · 159+ views
    Center for Individual Freedom ^ | September 27, 2007 | National Law Journal
    "Ladies' Night" was a hit single for the band Kool and the Gang in the '80s, but now it's become the subject of a lawsuit. New York attorney Roy Den Hollander has filed a class action lawsuit against several Manhattan bars and clubs, alleging that their ladies' night practices are unconstitutional. Hollander charges that when they host ladies' night they are violating the 14th Amendment's guarantee of equal protection under the law. Hollander is seeking to be named class representative for all men charged more money or burdened by stricter time restraints than woman. He seeks nominal damages and an...
  • Book: The Slave Trade 14th Amendment

    08/20/2007 12:23:46 PM PDT · by crazyshrink · 26 replies · 1,247+ views
    Spartacus Schoolnet UK ^ | by James Walvin
    14th Amendment The Fourteenth Amendment of the Constitution was passed by both houses on 8th June and the 13th June, 1866. The amendment was designed to grant citizenship to and protect the civil liberties of recently freed slaves. It did this by prohibiting states from denying or abridging the privileges or immunities of citizens of the United States, depriving any person of his life, liberty, or property without due process of law, or denying to any person within their jurisdiction the equal protection of the laws. Most Southern states refused to ratify the Fourteenth Amendment and therefore Radical Republicans such...

    07/31/2007 1:16:10 PM PDT · by tpaine · 12 replies · 1,004+ views
    THE MOTHER OF ALL LOOPHOLES D.J. Connolly The author is a reformed bureaucrat living in northern Ohio If it wasn't for the Fourteenth Amendment, federal judges would have to think up another way to protect nude dancing in bars. They'd have to make up totally different stories to use to outlaw school prayer and protect abortionists. They'd have a much tougher time keeping criminals out on the streets. For the last fifty years, or so, judges have used the Fourteenth Amendment, along with the due process scam, to grab control of an endless variety of state and local issues....
  • Will the US Supreme Court Finally Uphold the US Constitution in Regards to Race and Public Schools?

    06/05/2006 8:36:40 PM PDT · by AZRepublican · 14 replies · 829+ views
    The Federalist ^ | June 5, 2006 | P.A. Madison
    The U.S. Supreme Court said today it would decide whether race could be used as a factor in deciding which students are admitted to specific public schools. Recall the divided court in 2003, the last time it confronted similar issues in a pair of 5-4 rulings that involved preferences for minorities in university admissions decisions. One issue facing the court will be whether a school can promote racial diversity without violating the Constitution's guarantee against discrimination (I am yet to find this well hidden guarantee.) An U.S. appeals court ruled 7-4 that a school district has a compelling interest to...
  • A Natural Born Disaster

    05/24/2006 7:33:06 AM PDT · by Dr.Syn · 8 replies · 357+ views ^ | May 24, 2006 | Dan Sargis
    A Natural Born Disaster May 25, 2006When it comes to the illegal immigration issue you might as well keep singing the more things change the more they stay the same until the Fourteenth Amendment to the Constitution is changed,. The President, the MSM and most of Congress is bamboozling the American public with byzantine solutions (that intentionally wont work) to what should be a simple our borders; make illegal presence in the country a felony; make the hiring of illegal immigrants a felony for the employer; cease public assistance for illegal immigrants and amend the Fourteenth Amendment.As...
  • Can states limit what candidates spend? (Supreme Court & Campaign Finance)

    02/27/2006 3:03:30 PM PST · by new yorker 77 · 9 replies · 307+ views
    The Christian Science Monitor ^ | February 28, 2006 | Warren Richey
    Supreme Court hears arguments Tuesday on a Vermont law that would curb the flow of campaign money.The role of money in elections is one of the most volatile fault lines in American politics. Liberals generally favor limits on how much gets raised for campaigns. Many conservatives want few if any restrictions. Tuesday, the US Supreme Court is set to hear arguments about a Vermont law that goes a step further than limits on campaign contributions. It also restricts how much candidates can spend. It's that limit on spending that makes the case, Randall v. Sorrell, so closely watched. The high...
  • Kitzmiller v. Dover Area School District: Assault on US

    12/20/2005 8:11:50 PM PST · by AZRepublican · 5 replies · 541+ views
    Federalistblog ^ | 12/20/05 | P.A. Madison
    I cannot say I am surprised by the Kitzmiller v. Dover Area School District ruling handed down by U.S. District Judge John E. Jones III, but as always, surprised how such cases are so easily seen as a federal issue. The ruling as usual is void of facts and relies on previous unsupported court myths (called precedent). The usual propaganda is repeated such as: It is contended that the ID [Intelligent Design] Policy constitutes an establishment of religion prohibited by the First Amendment to the United States Constitution, which is made applicable to the states by the Fourteenth Amendment...The prohibition...
  • Alien Birthright Citizenship: A Fable That Lives Through Ignorance

    12/17/2005 3:37:49 PM PST · by AZRepublican · 28 replies · 1,217+ views
    Federalist Blog ^ | 12/17/05 | P.A. Madison
    Ever since the subject of Congress taking up Birthright Citizenship have we seen the power of ignorance at work through the MSM. It is difficult to find any editorial or wire story that correctly gives the reader an honest and accurate historical account of the Fourteenth Amendment in regards to children born to foreign parents within the United States. Most often the media presents a fabled and inaccurate account of just what the Citizenship Clause of the Fourteenth Amendment means. Recent story lines go something like this: "Currently the Constitution says that a person born in this country is an...
  • Alien Birthright Citizenship: A Fable That Lives Through Ignorance

    12/17/2005 11:39:40 AM PST · by Founding Father · 92 replies · 1,543+ views
    Immigration News Daily ^ | December 17, 2005 | P.A. Madison
    Alien Birthright Citizenship: A Fable That Lives Through Ignorance Ever since the subject of Congress taking up Birthright Citizenship have we seen the power of ignorance at work through the MSM. It is difficult to find any editorial or wire story that correctly gives the reader an honest and accurate historical account of the Fourteenth Amendment in regards to children born to foreign parents within the United States. Most often the media presents a fabled and inaccurate account of just what the Citizenship Clause of the Fourteenth Amendment means. Recent story lines go something like this: "Currently the Constitution says...
  • A Dummies Guide to Understanding the Fourteenth Amendment (vital reading)

    12/02/2005 4:51:01 PM PST · by AZRepublican · 11 replies · 1,658+ views
    Federalist Blog ^ | 11/17/05 | P.A. Madison
    Does the Fourteenth Amendment make the entire Bill of Rights a restriction against the States? If so, which amendments or clauses? What did both "due process of the law" and "equal protection" mean to the Congress who produced the Amendment? Does the Fourteenth Amendment guarantee State paid education to aliens? [snip] I hope everyone reads this because for me it was the most important reading of the year. One of the most wonderful discoveries you will find from reading is where equal protection of the laws came from and how it was defined to mean by the author of the...
  • Banned in Boston

    12/02/2005 3:57:20 PM PST · by JTN · 15 replies · 505+ views
    Sploid ^ | December 02, 2005
    For a city with a reputation as being a bastion of liberal values, Boston has an equally rich history of censorship. In the latest crackdown, Boston mayor Thomas Menino has called for city Inspectional Services Division officials to seize all t-shirts bearing the message "Stop Snitchin'." "Its wrong," Menino said. "We are going into every retail store that sells the shirts and remove them." The mayor's patience was apparently pushed beyond its limit when the mother of gang member wore one of the shirts to her sons trial for the death of 10-year-old Trina Persad. It is unknown on what...
  • WSJ: William Rehnquist - Will our 'New Federalism' survive the Chief's death?

    09/06/2005 6:04:02 AM PDT · by OESY · 5 replies · 572+ views
    Wall Street Journal ^ | September 6, 2005 | RANDY E. BARNETT
    ...[I]t was William Rehnquist who was most personally responsible for what is now called "the New Federalism" -- the revival of the ideas that judiciary should protect the role of the states within the federal system and enforce the textual limits on the powers of Congress. Establishing the New Federalism took enormous effort and leadership by Rehnquist over many years. Now that legacy is in jeopardy. At the founding, and for some 150 years thereafter, the limits on congressional power provided by the Constitution... as modified by the Fourteenth Amendment-- were enforced by the Supreme Court. According to the textual...
  • Study Shows Surprising Weight of Race in College Admissions

    06/07/2005 6:49:22 AM PDT · by Irontank · 48 replies · 1,240+ views
    Star-Ledger ^ | June 7, 2005
    If the nation's top colleges stopped considering race in admissions the number of African-American and Hispanic students at elite schools would plummet, while the number of Asian students would rise, according to a new study. A pair of Princeton University researchers reviewed more than 45,000 applications from three elite colleges and universities to determine what would have happened if the schools eliminated affirmative action. "The most important conclusion is the negative impact on African-American and Hispanic students," said Thomas Espenshade, a Princeton sociology professor who co-authored the study published in June's issue of Social Science Quarterly. The study found the...
  • Illegal Aliens' Children and the Fourteenth Amendment

    05/13/2005 8:11:11 AM PDT · by azhenfud · 99 replies · 3,130+ views
    May 13, 2005 | R.K. Davis
    There is debate continuing to surface over America's Fourteenth Amendment's guarantee that everyone born on U.S. soil be granted U.S. citizenship. Many have resolved it among themselves, having been misguided by unwilling lawmakers claiming there is nothing that can be done to deny illegal aliens the opportunity to complicate their deportation procedures with the birth of what is commonly known as "anchor babies". This idea is however, false, predicated upon the fact politicians and lawmakers dare not appear to "evict" a "citizen" from these United States and that America is also too "compassionate" to do so. Although the Fourteenth Amendment...
  • The Fourteenth Amendment Mess

    09/09/2002 12:09:26 AM PDT · by Coeur de Lion · 14 replies · 543+ views ^ | September 9, 2002 | Robert Locke
    The Fourteenth Amendment (1868) has become the key Constitutional issue of the immigration mess. The relevant section reads, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The problem is that this has been misinterpreted in recent years to mean simply that anyone born in the U.S, under any circumstances, is an American citizen. This is neither the original intent of the law nor the way it was interpreted by the courts in subsequent decades. Some Americans speak of birthright citizenship...
  • Rutherford Institute Attorneys Win Civil Rights Victory for PA Pro-Life Activist William Depner

    04/05/2005 9:34:35 PM PDT · by Coleus · 7 replies · 452+ views
    The Rutherford Institute | 03.24.05 | Nisha N. Mohammed
    Rutherford Institute Attorneys Win Civil Rights Victory for Pennsylvania Pro-Life Activist William Depner PITTSBURGHAttorneys for The Rutherford Institute won a civil rights victory for pro-life activist William S. Depner, a resident of McKeesport, Penn. After Institute attorneys filed an appeal on Depners behalf, a Court of Common Pleas judge acquitted Depner of harassment charges for photographing girls who appeared to be underage as they entered a local Planned Parenthood facility. Depner claims he was concerned that girls under the age of 18 were being treated by Planned Parenthood without parental consent and believed photographs were the best way to prove...
  • The Reconstruction Amendments: Official Documents as Social History

    02/15/2005 1:23:09 PM PST · by The Great Yazoo · 10 replies · 484+ views ^ | Eric Foner, DeWitt Clinton Professor of History, Columbia University
    The Reconstruction Amendments, and especially the Fourteenth, transformed the Constitution from a document primarily concerned with federal-state relations and the rights of property into a vehicle through which members of vulnerable minorities could stake a claim to substantive freedom and seek protection against misconduct by all levels of government. The rewriting of the Constitution promoted a sense of the documents malleability, and suggested that the rights of individual citizens were intimately connected to federal power. The Bill of Rights had linked civil liberties and the autonomy of the states. Its language -- "Congress shall make no law" -- reflected the...