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This is all moot anyway- control freaks, official and citizens, far out number those who prefer Liberty- so, you go ahead and preach your control and I'll preach Liberty- we'll let Historians determine who was on the right side of humanity.
Do you propose eliminating the Equal Protections Clause in it's entirety, and all other non-discrimination laws? I.E., no gov't control at all over discriminatory practices? Would you remove gov't intervention in every aspect of our economy? Maybe even in every aspect of our daily lives? Here's your chance, what is your better way?
Setting a precedent.One of the biggest problems we have in America is that the powers that be violated the Rule of Law. The 14th Amendment was illegally ratified:
The Destruction of American Liberty
Create a bowl of spaghetti in order to make dot connecting near impossible.
I disagree with his historical context that *sometimes* prior to 1913 the constitution was ignored- I guess the biggest usurpation was Lincoln.
But, he lays out a pretty good case.
Not sure which author you're referring to, but it's plain to me that the 14th Amendment did not meet constitutional muster. It failed to be ratified by the terms of the law.