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To: Witchman63

The words of the 14th Amendment are going to be defined at a federal level by one branch or another of the federal government. Currently, the word person as used in the 14th Amendment has been defined by the Supreme Court which determined in Roe v. Wade that unborn children were not people for the purposes of the 14th Amendment. This interpretation was based largely on the fact that citizenship began at birth - a somewhat dubious basis for interpretation since “person’s” clearly includes some who are not “citizens.” So, since the 14th Amendment will continue to be interpreted on a federal level, the only question is whether the elected branches of the federal government can provide some imput to that process.


53 posted on 06/02/2007 10:11:38 PM PDT by dschapin (Duncan Hunter, 08!)
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To: dschapin

“The words of the 14th Amendment are going to be defined at a federal level by one branch or another of the federal government.”

Not really. The job of defining the laws of the land ultimately rests with the Supreme Court. It is the job of congress to make the laws and it is the job executive branch to enforce the laws. Now I’ll admit that congress may look at the constitution and say that a certain law they wish to enact fits within the framework of the constitution based on their own definitions of it and the executive branch can look at a certain law based on how it defines that law and enforce it accordingly. But the first thing that happens after that is that some citizen or group says “hey I don’t think your definition is correct”. They take a case to the Supreme Court that then rules on whether or not congress or the executive acted lawfully based on its own definition of the constitution. They have the final say and any challenge to the current definition of the 14th amendment will land so fast in their laps it will make your head spin.


55 posted on 06/03/2007 8:42:30 AM PDT by Witchman63 ("Don't immanentize the eschaton!")
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