Richard Day's picture

    LEAVE MY 14TH AMENDMENT ALONE!

    File:Thomas Jefferson rev.jpg

             THE GENIUS OF THE DECLARATION

    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.

    650,000 people died so that these sacred words could have the opportunity to breathe life into a new nation; fulfilling the promises of an antecedent document that had been more or less discarded by the time of the Constitutional Convention. Tens of thousands of other people were forced to die before their time in addition to those lost on the battle fields just to add these two sentences to our Constitution.

    We hold these truths to be self-evident; that all men are created equal….

    Oh, the great changes promised by Section 1 of the Fourteenth Amendment were not immediately implemented.

    Not like the dictates of the 13th Amendment.

    And the 15th Amendment was immediately implemented upon its ratification and then, ten years later, all but ignored for almost a century.

    Great changes take time, even when the blood of a large percentage of a population is shed in the historical blink of an eye.

    The beauty of Section 1 is its simplicity. It is so short and soooooo very sweet; and so very hopeful.

    And it includes the poetry of Jefferson molded by Radical Republicans into the most important Constitutional provision of all time; radicals who knew the importance of ratifying such poetry as soon as possible; as if those wise men knew that there was a window of opportunity that might slip away.

    Oh our courts, pressured by less idealistic politicians and lobbyists were slow to apply the ideals present in Section 1.

    Well the words never meant absolute equality, wrote the robed shamans who were chosen to implement this new ideal into their deliberations.

    Well, due process is a little vague and might even be thought to be in the minds of the beholders said our shamans.

    But beginning in the ‘30’s a new, more idealistic group of robed shamans came up with an idea; a new manner in which they could implement the ideals of Section 1.

    Why not look to the list of Constitutional Protections created at the same time that our nation became a nation. Why not use the dictates contained in the Bill of Rights? Rights that only applied to the relationship between U.S. Citizens and the Federal Government but never to the relationship between U.S. Citizens and state governments.

    And within 30 years, almost all of the promises contained in the Bill of Rights were adopted by our Supreme Court; and also with the necessary help of Congress and various Presidents.

    Alabama could no longer maintain that the Bill of Rights applied only to Federal Law and had nothing to do with the citizens of Alabama.

    And northern cities could no longer maintain that the Bill of Rights had nothing to do with property ownership.

    And some local political group running some ‘machine’ could not cut off a person’s right to free speech in order to fend off competition in the voting booth.

    There are thousands of pages containing some of the finest political and statesmanlike language ever written in those Supreme Court decisions.

    However, those changes in our government’s perspective toward individual rights are always subject to attack. Individual rights might be written in a constitution, recited in court decisions and etched in stone but there has always been and will continue to be THE STRUGGLE to maintain those rights.

    So it is written:

    On Monday, Rand Paul announced that he is joining Sen. Roger Wicker (R-MS) in cosponsoring the Life at Conception Act. The law would declare that a person's life begins at conception. Paul and Wicker reason that by becoming legal persons protected under the Constitution's 14th Amendment, which guarantees equal protection under the laws, then it will override the constitutional right to an abortion that the Supreme Court found in Roe v. Wade.

    Of course, if fetuses had all the rights of a person, it might lead to interpretations that—ironically, given that Paul campaigned on a strong commitment to privacy and liberty,—would vastly expand government power. For example, if a pregnant woman smokes or drinks alcohol, or simply eats unhealthily, could she face prosecution for reckless endangerment of a child? In any case, Paul confidently predicted that "passage of the Life at Conception Act would reverse Roe v. Wade without the need for a constitutional amendment."

    But he is not averse to amending the Constitution when necessary. On Thursday, Paul and Sen. David Vitter (R-LA) introduced a resolution that would amend the Constitution to prevent children born to illegal immigrants from gaining automatic citizenship. Under the current interpretation of the 14th Amendment, which Paul and Vitter oppose, citizenship is given automatically to anyone born on U.S. soil. So Paul wants to expand the 14th Amendment to cover the fertilized embryos of American citizens while restricting it to exclude the babies of illegal immigrants. It's not clear where the fetus in an illegal immigrant's uterus would fit into this equation.

    http://www.thedailybeast.com/blogs-and-stories/2011-01-28/rand-pauls-abortion-immigration-hypocrisy/

    These fascist pricks wish to screw with perfection, the perfection contained in Section 1 of the Fourteenth Amendment to the United States Constitution.

    And you should never FUCK WITH PERFECTION.

    Before I get into possible language that would be used by the likes of Curly Rand Paul and Steve King et. al., let us examine the consequences of their ideas concerning new definitions of ‘citizenship’.

    First, what would be the consequences of declaring that citizenship does not begin with birth, but upon coitus leading to birth.

    You know the Japanese add 9 months to the age of their citizens. So a Japanese baby born on the same day as an American baby is 9 months older according to this Asian perspective.

    So if a baby is born in the United States (simplifying the possibilities here), the normal course is for the doctor and nurse/midwife to note the date and time of the birth on some form provided by the state. Within due course, the mother signs a form along with the father (hopefully) and these forms are sent to the state birth records department.

    And Vuella; a birth certificate issues.

    But if we have a constitutional mandate that the individual was ‘born’ at the time the mother’s egg split in two, we have a problem.

    If a sperm can take as long as two weeks to fertilize an egg, how does one determine when the individual is born?

    And what if mommy and daddy had coitus on May 2nd in Mexico and they immigrated to the U.S. on May 9th and the baby was birthed in Minneapolis on December 9th two months ‘early’?

    Was the baby ‘born’ in Mexico on May 2nd, the date of coitus?

    Now what if the other constitutional provision proposed by the fascists demanding that the child be born in the USA and that at least one of the parents is a naturalized citizen. And assume further that the naturalized citizen was not naturalized officially until after the mother bore the child; and assume further that the child was ‘created’ in the Bahamas on some moonlit night?

    Like some of those Constitutional Lawyers, we could go on and on here with four hundred pages of ‘what-ifs’.

    I can only conclude with one simple thought:

    DO NOT FUCK WITH PERFECTION!!

    LEAVE MY 14TH AMENDMENT ALONE!!!

     

    First published @ http://dagblog.com/reader-blogs/leave-my-14th-amendment-alone-8768

    Comments

    and subject to the jurisdiction thereof,

    What does that mean Richard


    That is THE QUESTION sometimes, at least to some folks.

    My argument is that it is clear. If you ARE HERE you are subject to all laws of the United States of America unless diplomatic immunity is at issue.

    But that is fine. We can argue phrases like this forever.

    BUT I DO NOT WISH TO SEE A GAME CHANGER, I DO NOT WISH POETRY AND GRAND IDEAS BE SLAUGHTERED BY FASCIST CORPORATE PIGS WHO DO NOT GIVE ONE GOOD DAMN ABOUT THE CONSEQUENCES.

    To turn this gem of Democracy into some cruel excuse to beat the downtrodden is anathema to Democracy.

     

    the end

     

    And that Your Honor is the case for the defense. hahahahaha


    Mr Day, may I remind you, this is a court of law. and we will not have another outburst, or  you'll be charged with contempt.

    Bailif tie him to his chair and gag him.  


    Yeah they used to call me Seale, Bobby Seale. hahaahah


    Of course, that is what that phrase was intended to mean, and has been interpreted that way ever since.

    Congress cannot pass a law that overules a decision based on constitutional law even one that relies on a "penumbra" of the 14th Amendment which the Court found in Roe.

    And the states rights people who object to the health care reform on constituional grounds would have to explain the authority of the federal government to define "personhood" in a way that is binding on the fifty states.  I am not sure the commerce clause strecthes quite that far.

     

     


    THAT is an interesting argument. You know somewhere in the deep deep briefs filed in all of these Federal cases, you would find this. And it never hit me before.

    Of course our 9 shamans who decide all of these policy issues will shake their relics upon the table and the repubs among them will figure it out.

    An amazing perspective however, Barth. Really interesting.

    Which underlines the shame involved in the corporate/personhood context as well as the context of amending this extraordinary provision in our Constitution.


    As everyone who has spent any time in the District of Columbia can avow (from the hundreds of unpaid parking tickets by the foreign Ambassadors and their staffs), they are defintitely NOT subject to the jurisdiction thereof; that is the exclusion that the 14th amendment allows.  It really is not that complicated if you just think about it.  


    Cville, just read this:

    Read the full article at http://www.huffingtonpost.com/2011/01/28/glenn-beck-chris-matthews-bachmann_n_815610.html
    Beck says that the 3/5 provision in the Constitution that gave the south more congressional seats was proof that slavery was 3/5 over.
    There is no agreement any more concerning facts or history or science.
    The scum who never attended college make up their own facts, their own history and their own science.
    Sorry, I just feel defeatist right now. hahahaha

    DD, You are not defeated -- Beck is going to implode before long. I hope it happens on air and will be a continual you-tube loop that I can watch whenever I feel cranky. I wish I could say he will get what he deserves, but Justices Thomas, Scalia, Roberts and Alito seem to be proving that wrong. One can only hope. BTW, I only wish that they suffer humiliation and professional ruin for their dishonesty and ethical lapses.

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