Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: ProgressingAmerica; DiogenesLamp; ConservativeMind
Not one of those items comes from the 14th amendment. Those things come exclusively from activist judges in addition to the machinations of people who believe in and agree with a belief in the living and breathing constitution.

The 14th amendment is a slavery amendment and nothing more.

Then why are the judges basing all of these decisions on the 14th Amendment?

I don't suppose they'd use, say, the 21st as a grab bag for their judicial activist fantasies.

37 posted on 04/27/2025 1:37:46 PM PDT by thecodont
[ Post Reply | Private Reply | To 34 | View Replies ]


To: thecodont; DiogenesLamp; ConservativeMind
"Then why are the judges basing all of these decisions on the 14th Amendment?"

Convenience.

It's not just that it has wording designed originally with slavery(former slaves) in mind, but it's also due to the fact that [at least in my experience] the idea of applying originalism to the 14th amendment is one of the most unpopular ideas in the United States.

Progressives most certainly don't want to be all originalist with the 14th amendment.

Here is a clue. Most conservatives don't want to be all about the originalism with the 14th either. I don't see it. Typically, originalism is only supposed to apply to the first authoring of the Constitution, and perhaps by extension encapsulated by the inclusion of those amendments comprising the Bill of Rights. Originalism for some odd reason ends there.

Originalism could have put an end to a lot of our problems decades ago. It's not hard to go reading the debate notes from when they created the 14th amendment. Guess how many times in 1865 they discussed gay marriage, for example?

45 posted on 04/27/2025 4:26:14 PM PDT by ProgressingAmerica (We cannot vote our way out of these problems. The only way out is to activist our way out.)
[ Post Reply | Private Reply | To 37 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson