Things have gotten so bad (or so tolerated) that just recently a large group became alarmed when the congress proposed federal aid to states to help with the cost of local rezoning (the federal way). The antagonist are up in arms over the further federal intrusion. They never once considered not taking the money.
Today we simply assume that if federal monies (and the attached strings that go with it) are available then it's simply the law.
This is the legacy of the 14th Amendment.
Then I'd like to see someone sue because progressive federal taxation violates the equal protection clause.
Affirmative Action violates the equal protection clause.
Any Federal program that tilts the playing field, to achieve equal outcomes, violates the equal protection clause.
The insidiousness of the 14th is not just what it does to the states, but to the duplicitous hypocrisy it allows the Federal government to engage in. You can tell it's a product of Congress, for Congress.
Lets get portions of it repealed. I've given a lot of thouht to it, and I think the best attack on it would be to make it unenforceable by the Federal Courts - but it would be enforceable by State Courts. Essentially, the equal protection clause would be written into every state Constitution, but not the federal one. The mechanics of this have precedent in the 11th Amendment, which takes US judicial authority away from out-of-staters, when they sue a State.
I have a dream that one day the ACLU would have to win 50 "equal protection" lawsuits, whereas now the 14th allows them to just win one, in order to control the entire nation.
Indeed it would, dispite the fact that the 14th has little to do with that cycle. -- The unconstitutional applications of the commerce clause are the 'evil' here, not the 14th.
Today we simply assume that if federal monies (and the attached strings that go with it) are available then it's simply the law.
This is the legacy of the 14th Amendment.
That is propoganda, put out by the states 'rights' people.
Actually, the 14th may save our 2nd amendment rights from the big government 'regulations' crowd, that claims a state & federal ability to write virtually any gun law on the 'well regulated' clause of the 2nd.
'Emerson' has refuted this view & the USSC may very well confirm it by 'incorporating', as per the 14th.
Read the Ashcroft 'decision' threads for the real truth.