FLIPSIDE said 02/27, 04:33 PM
Thought up in the 1800's this old fashioned right is from another dusty old time. The Due Process clause is from a time when American Government actually knew what its due process was. Now, since law has become a maze of twisty passages all alike, all other rights can be revoked under due process.
The Equal Protection clause was from a time when equality among American citizens was much more disparate. America had a vested interest in taking away the finance engine of the Confederacy, which was slavery. In this day and age it is a detriment to community to have people running around bearing all sorts of "protection."
Therefore, the 14th Amendment should go the way of ****-skin caps and the 2nd Amendment right to carry a musket. Nobody needs to be walking around peaceful towns screaming about protected status and being unfairly arrested.
Junius Brutus said 02/27, 04:57 PM
for reference ...
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
your main points seem to boil down to these:
1) Due to an excessively complicated legal system, 'due process' is hard to ascertain and winds up in the revocation of other rights.
- What are these rights you refer to? How are they being revoked? Even just taking your stmt at face value, the solution for individual rights being revoked is to revoke individual rights? Seems like this argument needs to ferment a little longer.
2) It's a detriment to the community to have 'people running around bearing all sorts of protection'.
- this is so broad and all-encompassing that it's truly terrifying. Surely you're not suggesting that everyone should be without protections? That the police should be able to detain anyone indefinitely without bothering with the niceties of law? That civil authorities should be able to arbitrarily deprive anyone of property without jumping through any legal hoops? Implicit in your statement is the idea that 'other people' are the problem and shouldn't have the rights you do. That's simply not the way democracy works.
FLIPSIDE said 02/27, 05:15 PM
"Wikipedia Is Not A Democracy." Thus I am astonished to find the 14th Amendment listed there. To answer your Q#1): I was referring to rights #1-20 minus right #14. How? Just watch COPS and Law & Order. It's all there. From the right of the silent to be spoken for by the loud, to the right to place smut on television, every day our rights are eroded by the Due Process of the FCC, the IRS and the RIAA. To answer Q#2): As Phil Sandifer pointed out ever so rightly, our rights expire every hundred or so years and need to be rethought by an Arbitration Committee. Clearly time was up on Amendment 14 back in 1968, and if it had been repealed, then the problems at Berkley could have been averted.
I wish to add a further issue: AMD 14 calls for the loss of rights due to commission of a crime. With the advent of Iran Contra, DVD ripping, and Neoconservatism, one can no longer clearly draw a line between what is crime, what is government, and what is just free entertainment. Therefore, AMD 14 should be repealed based on a much more serious obsolescence of the "crime" designation.
Junius Brutus said 02/27, 07:46 PM
I don't believe I suggested that Wikipedia is a democracy - it just seemed an easy way to give readers the text of the 14th amendment rather than taking up my 1200 characters to do so.
In your second post, you still haven't established a causal link between the 14th amendment and revocation of any rights, and in fact haven't established that any rights are being revoked at all. (COPS and Law & Order are fictional shows that have no weight as evidence, otherwise we'd have to conclude from Battlestar Galactica that faster-than-light travel is possible). If anything, you seem to be claiming that 'new' rights are being created, rather than the opposite.
With regard to your third 'point', the 14th Amendment doesn't say what you're claiming - the only reference to 'crime' in the amendment is in Section 2, with regard to how representatives are allocated, and does NOT mandate any loss of rights in that section. The only 'loss of rights' being mandated is in Section 3, which disallows public office for anyone who has (a) sworn an oath to uphold the Constitution, and then (b) broken that oath by participation in a rebellion or insurrection against the US.
FLIPSIDE said 02/28, 09:51 PM
Here is the causal link: AMD 14 radically broadened then definition of citizenship and therefore caused an inclusivity problem which has become even more exaggerated today and given the liberal left and the neocon right the mistaken conception that Mexicans are American citizens. The net effect it that Americans now have the rights commensurate with Mexican citizenship and not the other way around. This is compounded by the idea that arrests must be reversed based upon the ethnic identity of the arrestee. This paves the way for hate crimes legislation and then censorship of the press as we see in the Social Democratic countries of Europe. Finally, as America becomes a giant cultural cesspit with the economic and political geographic integrity of the E.U., a place where one cannot discuss history, draw a cartoon, speak one's language, or spend a good old fashioned American dollar, of course rights are diminished. We might as well let Hugo Chavez draft the next Magna Carta, and Fidel Castro run the Bank of America.
Junius Brutus said 02/29, 12:15 PM
Wow - those are a lot of assertions in 1200 characters.
1) It's a tenuous assertion to say that AMD 14 broadened the definition of citizenship. It stated that a person was a person and should be counted as a person, rather than as 3/5 of a person. Are you actually suggesting we should reverse that?
2) I don't know what tortured logic gets you from there to your next stmt about Mexicans being American citizens (or the belief that that's the case). In any case it's irrelevant, as you've moved from what the AMD *states* to what people *believe it implies*, which is not an argument for revoking the amendment.
3) How you get from there to Americans having 'rights commensurate with Mexican citizenship' (whatever that means) is also unclear.
4) If you're going to assert that arrests are reversed based on ethnicity, you need to provide something to back that statement up.
5) I believe we *are* discussing history, in that the 14th AMD is a historical fact.
6) I've seen several political cartoons recently.
7) English, the language we're debating in, is 'my language'.
8) I seem to recall using US dollars in all my recent purchases
You're ranting. And raving. And wrong.
FLIPSIDE, good to see a fellow Bostonian here, but I have to say - wild assertions like that don't really fly outside the world of talk radio (i.e. Jay Severin, lol).
IamFry | 02/29/08
Report Offensive CommentFlipside, sarcasm doesn't work when you have your facts all screwed up. Based on the context where you said "We might as well let Hugo Chavez draft the next Magna Carta" you seem to be under the mistaken belief that the Magna Carta was written by Americans... This dude is full of wild conjecture and bovine dung. He also appears to have something of a Latino paranoia thing going on too.
Ghost of Charlie Parker | 02/29/08
Report Offensive CommentMy personal belief is that if you let people change the constitution, it will eventually become a useless document. However, Im going with the argument here. Brutus, with your points and reference material, my vote is yours. I do like Law and Order, though.
Eaglevision | 02/29/08
Report Offensive CommentI think there is a larger threat to the Constitution than working to ammend it. The real threat is the seeming arrongance of some in power who claim the right to simply dismiss it as "antiquated and too simplistic" or worse that they are not obligated to abide by a document at the very heart of our democracy. That is frightening.
MilitaryWife&Mom | 02/29/08
Report Offensive CommentPlease keep it clean. Bad words will get filtered, and offensive comments will be removed.
IDF tanks and infantry launch a ground offensive in the Palestinian enclave
(Uriel Sinai / Getty)
Caltech physics professor Kenneth G. Libbrecht has turned his passion for the study of ice crystals into an art form. In his books and website, Snowcrystals.com, he breaks down some of the basics behind these miniature miracles of nature
(Kenneth G. Libbrecht)
I wish I could say this is the first time I've seen someone cite COPS and Law & Order shows in a legal debate. They are usually desperate attempts at trying to be "groundbreaking" law thinkers, and they are always wrong. Vote for Brutus for recognizing your argument for the swiss cheese that it is.
Austhus | 02/27/08
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