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wally
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Our poor tortured 14th Amendment has made Americans slave to the whim of the Court!
01/26/17 at 19:20:16
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Four principles were asserted in the text of the 14th amendment. They were:

State and federal citizenship for all persons regardless of race both born or naturalized in the United States was reaffirmed.
No state would be allowed to abridge the "privileges and immunities" of citizens.
No person was allowed to be deprived of life, liberty,or property without "due process of law."
No person could be denied "equal protection of the laws."
Over time, numerous lawsuits have arisen that have referenced the 14th amendment. The fact that the amendment uses the word state in the Privileges and Immunities clause along with interpretation of the Due Process Clause has meant that state as well as federal power is subject to the Bill of Rights. Further, the courts have interpreted the word "person" to include corporations. Therefore, they too are protected by "due process" along with being granted "equal protection."
http://americanhistory.about.com/od/usconstitution/a/14th-Amendment-Summary.htm
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The failure of the United States Government to equally and judiciously enforce the laws regarding immigration have created a schism with the existence of sanctuary cities, which have existed for decades in violation of US Codes concerning Immigration. 

The SCOTUS just ruled on the issue of Gay Marriage, after the US Government decided not to defend DOMA (a law passed by Congress and signed into law by President Bill CLinton, defining marriage between one man and one women).  As states passed gay marriage rulings, activists then sued under the 14th Amendment for equal protection and won.

Under the Obama Administration, beginning with Colorodo and Oregon, states have decided to ignore the US CODES prohibiting the use and possession of marijuana.  Most recently, California, Massachusetts and Nevada all passed measures in November legalizing recreational marijuana. ... A number of states have also decriminalized the possession of small amounts of marijuana. Other states have passed medical marijuana laws allowing for limited use of cannabis.
( http://time.com/4559278/marijuana-election-results-2016/ )

Obama has set the stage for the 14th Amendment to determine that it is unfair for Americans to face criminal penalty in some states while not being subject to such prosecution in others.

While "illegal aliens" do not enjoy Constitutional protection, officials who are appointed or elected in so called "Sanctuary Cities" do have such protection. They can put forth the legal argument that the US CODES have not been equally enforced and (by the same legal theory as the Marijuana) Laws, that such laws ought to be held unconstitutional (due to the American Citizens placed in jeapordy for continuing to not follow the laws that the US GOvernment has failed to enforce.

A rats nest of conflicting new legal rights are potentially created when the enforcement branch of our government chooses not to enforce laws they have been charged to enforce, by the oaths officials swear to protect, preserve and defend our Constitution and uphold the Laws of the United States of America.

Obama and Eric Holder have set the stage for declaring our Immigration Laws, as well as the Marijuana Laws, unconstitutional under the 14th Amendment.


  
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Re: Our poor tortured 14th Amendment has made Americans slave to the whim of the Court!
Reply #1 - 01/26/17 at 19:29:45
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Here is the exact wording of it. == Notice in Section 1, the highlighted part.  This is what Trump was talking about during the Primaries that excludes Anchor Babies from citizenship.  I hope he follows through.

Amendment XIV

Section 1.

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.

Section 2.

Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
  
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Re: Our poor tortured 14th Amendment has made Americans slave to the whim of the Court!
Reply #2 - 01/26/17 at 20:38:08
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As it stands now, I expect Trump to abide by the laws.  He has so stated.  That must include immigration laws.

It also means states have no say in the making of who goes, or who stays in the country.  It's not their jurisdiction. Neither do they issue passports, or visas.

That also means sanctuary cities are probably illegal as they are presently used.

  

"Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery."Winston Churchill
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Re: Our poor tortured 14th Amendment has made Americans slave to the whim of the Court!
Reply #3 - 02/10/17 at 14:21:25
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What would happen if we overturned it?
  
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Re: Our poor tortured 14th Amendment has made Americans slave to the whim of the Court!
Reply #4 - 02/16/17 at 18:44:45
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Overturned sanctuary cities?  Not sure what "it" is being referred to.

But if you mean sanctuary cities, they survive on Federal Grants (of questionable Constitutional authority).  Simply refuse to renew Federal Grants.   Shocked

  

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Re: Our poor tortured 14th Amendment has made Americans slave to the whim of the Court!
Reply #5 - 02/16/17 at 19:21:26
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And to the original post ...

Too many folks rely on the Courts to "interpret" the Constitution for them.  Marbury V Madison (1803) merely said, "We have to read the Constitution to see if something is allowed or not."

Each branch, each officer in each branch, each minion, assistance deputy clerk in each branch, has that duty.

More than that, each citizen has the right, has the duty, to do that. 

And then act on it in their sphere of influence.

We do that, writing in this forum.  Legislators do it (we hope) when legislating.  The Court does it, in the Court

When a law is "invalidated" by the Court, the Court is merely saying, "If you arrest someone under this law, when it gets to us, we will set the guy free."

(But what will be really cool, especially in the Western States, is when a civil suit is brought against a govt agent for acting outside the law ... the Court says, "not only did we set the accused free, but the agents have to make restitution."  A guy can dream, can't he?)

The Court has no final adjudication of what is Constitutional.  The People do.

That is why Article III, section 2 says what it does.  Congress regulates what the Courts can decide on appeal.

Perhaps after tax reform and Obamacare, Paul Ryan can look at cutting off making Law from the Bench.
  

John Chambers
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