Posted on 10/06/2022 8:22:23 PM PDT by bitt
Supreme Court Justice Ketanji Brown Jackson argues the framers of the 14th Amendment adopted it "in a race-conscious way," a position some legal experts say is subject to debate.
Jackson, the first black woman on the Supreme Court, began her first two days on the nine-member bench by speaking more than any other justices , in addition to a full four-minute statement in which she said the 14th Amendment used "race-conscious" remedies to make freedmen equal to white citizens. The issue at hand involved a challenge to Alabama 's 2021 congressional district map, which a lower court held was a racial gerrymander because it only contained one majority-black district out of the state's seven.
“I don’t think we can assume that just because race is taken into account, that that necessarily creates an equal protection problem,” Jackson said during oral arguments Tuesday in the case Merrill v. Milligan .
“Because I understood that we looked at the history and traditions of the Constitution and what the framers and founders thought about, and when I drilled down to that level of analysis, it became clear to me that the framers themselves adopted the equal protection clause, the 14th Amendment, the 15th Amendment in a race-conscious way," Jackson added.
(Excerpt) Read more at washingtonexaminer.com ...
“Progressive originalism” is an oxymoron.
This birthing person has been educated beyond the point of imbecility.
Ignore this moron. She can’t even say what a woman is.
But oh my Lordy, that thing can talk for three days from Sunday .
Play stupid games and you win stupid prizes. That’s why this election matters.
Be assured, SheIdiot figures out at least once a month....
This sort of commentary from Justice Ketanji Brown Jackson is going to put us all on a collision course with the knowledge that many of the Founding Fathers themselves were favorable to abolitionism. Some were actual abolitionists. That knowledge won’t bode well for progressives who want to keep the canard alive that the Founders were racists.
I suspect that’s not where she intends the argument to go, but that is one likely outcome.
It depends on how quickly we can educate each other about those aspects of the Founding Fathers that progressives have purposefully erased from the history books and school/educational courses.
Hey, nice start! Now who will be impeached first, Brandon or KBJ?
So, was the lower court arguing that in order to avoid one racial gerrymander, one must create a different racial gerrymander?
Same here, but the Republicans record on denying the
Democrats their choice, hasn’t been good.
They Dems go for the juggler and we play nice.
I would think this argument means anchor babies should not be awarded citizenship based solely on the geographic location of their birth.
Some folks sure know how to prove what a great idea it was to
put them in positions of power, being the first Black this or
that, like Obama and this moron.
All they have done is track mud over the respected office
they were tragicly place in.
This POS is the most evil & dangerous woman the SCOTUS has ever dealt with...
The communist fox is clearly in the henhouse now...
“… that the framers themselves adopted the equal protection clause, the 14th Amendment, the 15th Amendment in a race-conscious way,” Jackson added.”
Ummmm…. The framers of the Constitution had nothing to do with those amendments nearly a hundred years later.
And she doesn’t know what a woman is, either.
This “woman” with a goofy name was chosen because her name would telegraph to all black progressives from Yorba Linda that she is definitely black.
What did we expect from her? Now we know for sure.
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States"
"And subject to the jurisdiction thereof". Why would they insert that clause if it didn't mean anything? If they intended that visitors or invaders could produce a citizen just by giving birth?
I foresee her impeachment in the not to distant future.
I realize this is when the term was introduced but what practical effect did it have?
Does the Constitution define any additional duties for ‘citizens’ that didn’t already exist?
Did this in some way diminish the value of state citizenship?
I’m just not seeing the impact of saying we’re also citizens of the nation.
This is clearly wrong.
Article I Section 2
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.Article I Section 3
No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.Article II Section 1
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President...Article III Section 2 (later modified by the 11th amendment)
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.Article IV Section 2Amendment 11
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 Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.Amendment 14
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.As you can see throughout the original text of the Constitution, Article I refers to "citizens of the United States" and "inhabitants of that state". However, Article III (and subsequently Amendment 11) referred to "citizens of the state."
This shows that the Framers of the Constitution implied that "We the People of the United States" were citizens of the "United States of America" and also citizens of our respective states prior to the ratification of the 14th amendment.
As a side note, the phrase "United States of America" only occurs three times in the Constitution, in the Preamble, in Article II Section 1, and in Article VII. Constitutionally speaking, the people were never referred to as "American citizens," but as "Citizens of the United States."
-PJ
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.