View Single Post
  #49  
Old 03-30-2018, 09:39 AM
Mohican's Avatar
Mohican (Online)
Tall Poppy
Administration
 
Join Date: Feb 2013
Location: Not quite back of beyond
Posts: 4,260
Thanks: 394
Thanks 730
Default

From our talks I think its safe to assume that your primary concerns are the first two sections. You mentioned Black without too much elaboration other than saying that he felt the amendment was imposed upon the states, which in a way is true of every amendment, because every amendment in some measure abridges the freedom of the states. Your second concern though that the courts have used it to convey "Birthright Citizenship" can be easily dismissed as Section 8.4 of Article I states that the congress has the uneqivocal power:
Article 1 can state that, but is that current judicial practice?

Also, the first 10 amendments were definitely seen as chains on the states powers, but restrictions on the national government.

The 10th is clearly about powers not mentioned in the Enumerated powers belonging to the states

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
and then there is the 11th amendment

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
The counter argument I am seeing is that we need an all powerful national government, because if we don't have it we will go back to the days of Jim Crow, or something.
__________________
If you surrender a civilization to avoid social disapproval, you should know that all of history will curse you for your cowardliness - Alice Teller

If John of Patmos would browse the internet today for half an hour, I don't know if the Book of Revelations would be entirely different or entirely the same.
Reply With Quote