14th amendment Archives - Granite Grok

14th amendment

Undoing Due Process

The protections in the original Bill of Rights applied only to the federal government.  So, the federal government couldn’t set up an official religion, or punish you for saying something, or disarm you, or search your home without a warrant, and so on.  But the states could do those things.

Quick Thought – So why the discord, Progressives, about Constitutional Originalism for the 14th but…

14th Amendment, Section I (yes, there are several parts): 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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of …

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smirking trump

Why Is Mr. Trump Suggesting an Executive Order on Birthright Citizenship Now?

The sky-is-falling news of the moment comes courtesy of Mr. Trump suggesting he can and will issues an Executive order ending birthright citizenship. Why? Because there are many learned legal scholars who believe it was never the intention of the 14th amendment? Because it is a hot issue that activates Trump’s base and immigration reform polls …

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The 14th Suggestion

I’m amused to see people dragging out the 14th Amendment in response to President Trump’s suggestion that he’ll unilaterally end ‘birthright citizenship’ through executive action. For example, a recent piece in Reason ends this way: ‘The original meaning of the 14th Amendment has been clear since 1866. If Trump proceeds with his unconstitutional executive order …

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14th amendment Doesn’t Give Right to a Three-Way?

CATO has submitted an amicus brief to the Supreme Court in which it makes the case that the 14th amendment prohibits states from denying anyone from the right to marry, regardless of gender. It is a compelling argument.  There are ample references to legal opinions, plenty of implications of the spirit of equality under the law, but …

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