Constitutional Question

Discussion in 'Politics' started by Wry Catcher, Aug 11, 2010.

  1. Wry Catcher
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    Wry Catcher Platinum Member

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    In re the 14th Amendment to the Constitution;

    Section one of the 14th Amendment:

    "All persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are CITIZENS of the U.S. 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 U.S.; 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."

    What is the original intent of the author(s) of The Constitution?

    Why in the first two phrases use the word "CITIZENS" and in the last two phrases use the words "ANY PERSON"?
    If the intent was to allow a law such as 1070 wouldn't the authors use the word "Citizens" exclusively?
     
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  2. bigrebnc1775
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    bigrebnc1775 Diamond Member

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    The original intent of the 14th was for the freed slaves.
     
  3. Wry Catcher
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    Wry Catcher Platinum Member

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    Wherein the language of the amendment do you find such an intent? If not in the amendment, where did you learn that it was intended exclusively for freed slaves?
    Does the language mean only free slaves have the rights named? Does it suggest persons in the 21st century are denied such rights?
     
  4. antagon
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    antagon The Man

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    due process is applicable to every act of justice in the country. that's the statement. it is not limited to citizens.
     
  5. ConHog
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    ConHog BANNED

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    IMO the proof that the 14th referenced the freed slaves re the citizenship clause lies in the fact that it is surrounded by the 13th and 15th. otherwise that's a HUGE coincidence.
     
  6. ConHog
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    ConHog BANNED

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    incorrect, perhaps you haven't read the Patriot Act?
     
  7. antagon
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    antagon The Man

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    sorry. the 14th only applies to states.

    i haven't read the entire patriot act.
     
  8. Flopper
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    Flopper Gold Member

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    Because the writers are human and they make mistakes. Maybe this is heresy to some, but it's true. Whether it be the Constitution, the Bible, or any other such document there are parts that are just not worded correctly and are confusing and unclear. For the Bible we have ministers and priests to interpret and for the Constitution we have the Supreme Court.
     
  9. ConHog
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    ConHog BANNED

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    Exactly so, the 2nd is a perfect example of said mistake, I mean does anyone believe they really meant for it to be so confusing?
     
  10. Wry Catcher
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    Wry Catcher Platinum Member

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    It maybe a coincidence, huge or otherwise. But if I'm not mistaken, all three amendments were passed by three different Congresses, and ratified by different state legislatures. Still, if that was the intent, wouldn't the 14th use similar language rather than the superlative "All Persons"? For example, all former slaves or involuntary servents in the preceding amendment; or to paraphrase the 15th the rights of citizens (CITIZENS, again) of the United States to vote shall not denied or abridged by the U.S. or by any State on account of race, color or pervious conditon of servitude.

    Were freed slaves automatically citizens of the U.S.? If so, by what procedure?
     

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