Thursday, August 05, 2010

What is it about the 14th Amendment that scares them so?

Remember, when you were in school and you had to pass the U.S. Constitution test to graduate 8th grade? You had to memorize the Amendments to the Constitution...and there were groups, the two most distinct being: 1st 10 - Bill of Rights, and then the 13th, 14th, 15th Amendments, which you could shorten to SLAVERY (13), CITIZENSHIP(14), RIGHT TO VOTE(15).

So, I watch from the sidelines, as the folks on the right keep on bringing up REPEALING the 14th Amendment to the Constitution.

AND the silence from our so-called ' leaders'.

WHY does the right care about this Amendment?

THEY SAY, it's because the children of illegal aliens, born in this country, and are U.S. Citizens, is a perversion of the Amendment.

So, what exactly does the 14th Amendment say:
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.


Section 1 is what deserves the focus.



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.

This means that the children of illegals born in this country ARE United States Citizens. They're talking about this because the majority of the children that qualify -ARE NOT WHITE.

I simply don't believe that they would care if the majority were from, say, Canada, Ireland, Scandinavia, and nothing will convince me otherwise.

So, while folks like Ms. Lindsey peddle this racism, as well as Senators Mitch McConnell, John McCain, Jeff Sessions and Jon Kyl join in, it's past time to take this attack seriously.

But, rikyrah, I'm not Latino, and I was born in the United States, so what do I care if they want to repeal the 14th Amendment?

Well, all is not as it seems, folks.

Look a bit deeper. The 14th Amendment isn't just about the basic qualifications of citizenship, it's about what, at the core, this citizenship means.



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.




DUE PROCESS.....

EQUAL PROTECTION....



Remember these two phrases, because they are at the core of the right-wing's hatred of the 14th Amendment.

DUE PROCESS AND EQUAL PROTECTION have been the cornerstones upon which expansions of protection of the individual against the state.

As a limitation on Congress, the Due Process Clause has been interpreted by the Supreme Court not only as a remedial requirement when other constitutional rights have been violated, but furthermore as having additional "procedural" and "substantive" components, meaning that the Clause purportedly imposes unenumerated restrictions on legal procedures—the ways in which laws may operate—and also on legal substance—what laws may attempt to do or prohibit.

the EQUAL PROTECTION CLAUSE?

Was THE foundation upon which BROWN V. BOARD was decided in 1954.

Let's repeat that.

The Equal Protection Clause is the FOUNDATION for Brown v. Board.

Isn't it clear to you NOW, why the right is all hot and bothered about the 14th Amendment?

It has been their mission in life to destroy Brown pretty much from the moment was decided and ruined 'their way of life'.

I've been Black in America longer than 3 days..

THEY ARE WHO WE THOUGHT THEY WERE...plain and simple.

The shyt ain't subtle, and they ain't slick.

Now, the question is, why have our so-called ' Leaders', been silent as this assault on the 14th Amendment is taking place on the right? Why is it that they've been pretty much MUTE on this issue? Are they that clueless that they think this entire Amendment repeal is about Latinos, so it doesn't involve Black folk?

I'll ask again:

WHAT PART OF ' IF YOU AIN'T WHITE',
don't you understand?

I've said it before - I'm to the right of most bloggers here on the issue of immigration. But, I realize that whatever tactic they think they're going to use against Latinos, if successful, it will only be a nanosecond later that they'll attempt to ' tweak' it to apply to Black folks.

So, it's best that we cut this mess off right away at the pass. You don't have to like Latinos, believe in the 'Black/Brown coalition' or immigration, in order to do what's IN YOUR OWN BEST INTEREST.

See the forest for the trees. What they use against others one day; won't take long to be turned ON YOU.

1 comment:

Chico Brisbane said...

There argument lies within the portion I have capitalized

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.

Illegal alians are not subjects to the jurisdiction of the United States.

I think they are misreading the language, but that is their argument.

More importantly is the fact that they aren't interested in repealing the 14th amendment. They are simply rallying the bigoted segment of their party because they want their vote in November.

As soon as November comes and goes, that will the last that you hear about the 14th amendment.