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Subdivisions Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 10:55 AM
Original message
The 14th Amendment
Sen. John Kyl (Idiot-AZ) wants to repeal the 14th Amendment in order to eliminate American citizenship for children of immigrants. Let's take a look at what the relevant portion of the 14th Amendment says:

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.

So, what's wrong with this picture? The Section gives citizenship to ALL PERSONS born or naturalized in the United States... Do the republipukes realize that repealing this would affect ALL people born in this country? Let's move on... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States... This line makes it IMPOSSIBLE to repeal any part of this Amendment.

Kyl is an idiot. But then we've always known that. This seems to be alot of whining about an Amendment that grants citizenship to ALL who are born here, not just the children of immigrants. If Kyl had his way, NO ONE from this point forward would qualify as a U.S. citizen.

I think it's humorous the fear on the right over President Obama supposedly coming after their guns, with them screaming bloody murder about the dangers to the 2nd Amendment. Oh, it's ok to fuck with the 14th, but leave the 2nd alone! Idiots.
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beyurslf Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 11:07 AM
Response to Original message
1. They just want to eliminate the Equal Protection Clause. it is used to force
the states and the federal government to treat everyone equally.

BTW, any amendment can be repealed by another amendment. "No State shall make a law" does not mean "No amendment can be passed". An Amendment to the constitution is bigger than a law.
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Crabby Appleton Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 11:15 AM
Response to Reply #1
2. Correct, plus there is the Civil Rights Act of 1866
and Section 18 of the Enforcement Act of 1870.
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Jim__ Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 11:23 AM
Response to Original message
3. So what? The US effectively repealed the 14th amendment in 1978.
... nor shall any State deprive any person of life, liberty, or property, without due process of law...

source:

In 1978, Congress amended the Forfeiture Act to allow the forfeiture of anything of value used or intended to be used by a person to purchase illegal drugs (Psychotropic Substances Act of 1978 ). This expanded the Forfeiture Act to allow the forfeiture of all proceeds and property traceable to the purchase of an illegal drug. Under the 1978 amendments, the federal government was authorized to proceed in rem against property. In rem forfeiture actions are taken against the property, not the owner of the property. In such proceedings, the guilt or innocence of the property owner regarding any criminal activity is irrelevant. Thus, under the Forfeiture Act, the government may remove property from persons suspected of a crime without ever charging them with a crime. The reason for this kind of forfeiture is traced back to the deodand doctrine of the English common law.


If the people don't force the government to follow the Constitution, then the Constitution is just another fucking piece of paper.
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brendan120678 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 11:26 AM
Response to Original message
4. They skip over the "All persons" part...
and focus on twisting the meaning of "and subject to the jurisdiction thereof" part.
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Vincardog Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 11:35 AM
Response to Original message
5. We should help them amend it. Make it say "Natural" Persons. Make it end corporate personhood.
Edited on Wed Aug-04-10 11:35 AM by Vincardog
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hfojvt Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 11:43 AM
Response to Original message
6. amendments can be overturned, even the 2nd
It seems simple enough to modify to "all persons born to citizens of the United States are citizens of the United States"

it seems pretty logical to me that people whose grandparents were born here should be in a different legal boat than people whose parents came here illegal just before they were born

or maybe I am just a racist.
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UndertheOcean Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 11:44 AM
Response to Reply #6
7. You are a Racist. n/t
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rucky Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 11:46 AM
Response to Original message
8. The 14th Amendment...
ain't nothin' to fuck wit (to quote the Wu Tang Clan)

that should be the end of the discussion.
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Make7 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 12:13 PM
Response to Original message
9. So before 1868, no one born in the United States was a citizen? ( n/t )
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