The #Unexpectedly Chronicles: The Left Discovers the Constitution as it is:

by Datechguy | October 31st, 2018

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The #Unexpectedly Chronicles: The Left Discovers the Constitution as it is:

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.

5. The Con­gress shall have power to enforce, by appro­pri­ate leg­is­la­tion, the pro­vi­sions of this article.

14th Amend­ment to the US Constitution

The announce­ment that Pres­i­dent Trump plans by Exec­u­tive order to change the rules allow­ing birthright cit­i­zen­ship has caused some uproar.

The only rea­son of course that we are hav­ing this debate is because folks are choos­ing to abuse birthright cit­i­zen­ship for per­sonal or polit­i­cal advan­tage caus­ing it to become an issue and it’s in the longterm inter­est of the coun­try for the abuse stop than rather than to have the rule changed, par­tic­u­larly by exec­u­tive order. Alas that’s not very likely as votes depend on it.

I think the lan­guage of the amend­ment is pretty plain and I think the con­sti­tu­tion should mean what it says rather than what we think it should mean, after all when the prob­lem with the word­ing of the pres­i­den­tial elec­tion caused trou­ble in 1800 we didn’t ignore the con­sti­tu­tion, we amended it before the next election.

Fur­ther­more I don’t like the idea of the Con­sti­tu­tion re-​interpreted every elec­tion by exec­u­tive order. A good rule of thumb is: Never give gov­ern­ment a power that you would not trust your polit­i­cal foes to abuse, because when they get a chance they will. After all if a GOP elec­tion can change the mean­ing of the 14th amend­ment by fiat than a Demo­c­rat can do the same to the 1st or 2nd.

What’s been really inter­est­ing about this debate is how the left is react­ing to it. All over the net and the media you sud­denly find the left argu­ing that the con­sti­tu­tion means what it says, no more no less.

This is quite a change, after all when the courts were con­trolled by the left they had no prob­lem “dis­cov­er­ing” con­sti­tu­tional rights unmen­tioned in the doc­u­ment such as a con­sti­tu­tional right to abor­tion, to sodomy and to gay “mar­riage”, rights so broad that they were able to strike down laws in dozens of states for­bid­ding them even though the 10th amend­ment clearly 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.

Thus it’s very pos­si­ble that a court might decide to uphold such an exec­u­tive order on the grounds of “dis­cov­er­ing” a right of a Pres­i­dent to nar­row the inter­pre­ta­tion of the 14th amend­ment under his pow­ers as com­man­der in chief.

It’s also pos­si­ble that the doc­trine of “orig­i­nal intent” might come into play here as well since the intent of the amend­ment was clearly to give cit­i­zen­ship to ex-​slaves now freed.

But either way expect our friends on the left and in the media to sud­denly develop a love for the Con­sti­tu­tion as writ­ten, a love that will die the very moment a Demo­c­rat once again enters the oval office.

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.

5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

14th Amendment to the US Constitution

The announcement that President Trump plans by Executive order to change the rules allowing birthright citizenship has caused some uproar.

The only reason of course that we are having this debate is because folks are choosing to abuse birthright citizenship for personal or political advantage causing it to become an issue and it’s in the longterm interest of the country for the abuse stop than rather than to have the rule changed, particularly by executive order. Alas that’s not very likely as votes depend on it.

I think the language of the amendment is pretty plain and I think the constitution should mean what it says rather than what we think it should mean, after all when the problem with the wording of the presidential election caused trouble in 1800 we didn’t ignore the constitution, we amended it before the next election.

Furthermore I don’t like the idea of the Constitution re-interpreted every election by executive order. A good rule of thumb is: Never give government a power that you would not trust your political foes to abuse, because when they get a chance they will. After all if a GOP election can change the meaning of the 14th amendment by fiat than a Democrat can do the same to the 1st or 2nd.

What’s been really interesting about this debate is how the left is reacting to it. All over the net and the media you suddenly find the left arguing that the constitution means what it says, no more no less.

This is quite a change, after all when the courts were controlled by the left they had no problem “discovering” constitutional rights unmentioned in the document such as a constitutional right to abortion, to sodomy and to gay “marriage”, rights so broad that they were able to strike down laws in dozens of states forbidding them even though the 10th amendment clearly 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.

Thus it’s very possible that a court might decide to uphold such an executive order on the grounds of “discovering” a right of a President to narrow the interpretation of the 14th amendment under his powers as commander in chief.

It’s also possible that the doctrine of “original intent” might come into play here as well since the intent of the amendment was clearly to give citizenship to ex-slaves now freed.

But either way expect our friends on the left and in the media to suddenly develop a love for the Constitution as written, a love that will die the very moment a Democrat once again enters the oval office.

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