14th amendment Archives - Page 2 of 2

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

October 31, 2018 Skip

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 the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Yep, the liberal punditry, the Progressive activists, the Open Borders buffoons, and the “we need their votes!” Democrat Partyistas are all up in arms and colored smoke from exploding heads is wafting in the air. Steve, with his post “Why Is Mr. Trump Suggesting an Executive Order on Birthright Citizenship Now?” brings up a few points. Let me add to that:

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

October 31, 2018 Steve MacDonald

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 … Read more

The 14th Suggestion

October 31, 2018 Ian Underwood

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 attacking birthright citizenship, he deserves to be laughed out of court.’

What the author fails to realize is that the words of the 14th Amendment aren’t any more meaningful, to the Supreme Court, than the words of the 1st Amendment, or the 2nd Amendment, or the 4th Amendment, or any of the other words in the Constitution.

Do we have laws, passed by Congress, abridging freedom of speech? Yes. Do we have laws infringing the right to keep and bear arms? Yes. Do we have laws allowing government agents to search people without probable cause? Yes. Do the words of the Constitution allow any of those? No. Has the Court unilaterally amended the Constitution to allow all of them? Yup.

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

September 18, 2023March 1, 2013 Steve MacDonald

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 the right to marry, regardless of gender.