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Greg Siskind on Immigration Law and Policy

ANOTHER SHARK JUMPING SIGN

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Wingnut Alan Keyes says repealing the 14th Amendment is going too far. And lest wingnut readers of this blog (you know who you are) wave public opinion polls that seem to support this, I would remind you that the whole point of enshrining civil rights protections in the Constitution is precisely to protect minorities from the tyranny of the majority. If you would have put segregation up for a vote in my part of the world back in the 1950s, you would have found overwhelming support. The judge who tossed out the Proposition 8 referendum on same sex marriages in California today basically made the same point - constitutional protections are designed to protect people from the prejudice of the majority.

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  1. George Chell's Avatar
    "Wingnut Alan Keyes says repealing the 14th Amendment is going too far."

    His wife is Indian..so not surprising!

    "And lest wingnut readers of this blog (you know who you are) wave public opinion polls that seem to support this, I would remind you that the whole point of enshrining civil rights protections in the Constitution is precisely to protect minorities from the tyranny of the majority."

    It does not make it constitutional!

    "If you would have put segregation up for a vote in my part of the world back in the 1950s, you would have found overwhelming support."

    In 2000, a majority of whites in Alabama and in 1994 in SC voted to keep the ban on interracial marriages in the books...and this is not your uneducated whites, 80% of the folks in "old money" wealthy Mountain Brook, AL voted to keep IR in the books. Some inclding younger folks made derogatory remarks about a white-Chinese couple who had moved into thee neighborhood.

    "The judge who tossed out the Proposition 8 referendum on same sex marriages in California today basically made the same point - constitutional protections are designed to protect people from the prejudice of the majority."

    A strict constructionist approach to constitution is note comapatible with elected judiciary. I have heard that state judges and justices in places such as Alabama, Texas and Georgia take opinion polls before deciding on dealth penalty and other cases! Elected judiciary is tantamount to corruption...that is one of the reasons US is regarded as one of the most politically corrupt countries in the industrialized world by the World Economic Forum!
  2. Jack's Avatar
    "Rather, [Keyes] seemed to suggest, it's a mistaken interpretation of the amendment that's at fault."

    He apparently holds the Lino Graglia view.

    Directly from the Univ. of Texas law professor (14 pages):

    http://www.trolp.org/main_pgs/issues/v14n1/Graglia.pdf


    George Will column referencing Graglia:

    http://www.washingtonpost.com/wp-dyn/content/article/2010/03/26/AR2010032603077.html


    -------

    It's not a repeal of the entire 14th Amendment (which would include the Due Process and Equal Protection Clauses)--just an amending of the Citizen Clause. The birthright citizenship defenders, for this purpose, are selectively acting like the Constitution is sacrosanct and should never be amended but I bet a lot of them would love to end corporate personhood by amending this very same amendment! I wonder what would happen if we hooked both of those up in one amendment? Would liberals abandon their Holy Grail just to keep birthright citizenship?




  3. JoeF's Avatar
    As the saying goes:
    Democracy is two wolves and a lamb deciding on what's for dinner.
    Liberty is a well-armed lamb contesting the vote.

    This country is a republic for a reason.
    The US Constitution is what matters, not public opinion.
    The Constitution can of course be amended, but there is a very high bar. There is pretty much zero chance for the 14th Amendment to be overturned in my lifetime. Anybody trying it is a clueless dimwit. The politicians advocating it right now are just pandering to the Teapartyers. If the tea party people are naive enough to believe that it's for real, they will have a rude awakening.
  4. USC's Avatar
    "I would remind you that the whole point of enshrining civil rights protections in the Constitution is precisely to protect minorities from the tyranny of the majority."

    Thank you, Greg. Very concisely put.

    Reminds me of a course entitled "Problems of Democracies" that I took back in high school. There was a whole chapter on the "Tyranny of the Majority" and another on the much higher price that open societies pay with regard to illegal immigration and terrorism.

    The problem that we face in this country is that the uneducated right wing fringe has cowed the Cans into doing their biding.

    "I bet a lot of them would love to end corporate personhood by amending this very same amendment! I wonder what would happen if we hooked both of those up in one amendment?"

    Sorry, to disappoint you Jack but I support the concept of corporate personhood.
  5. George Chell's Avatar
    "The birthright citizenship defenders, for this purpose, are selectively acting like the Constitution is sacrosanct and should never be amended but I bet a lot of them would love to end corporate personhood by amending this very same amendment!"

    Gaglia and Geroge Will can go to hell! If there is a protection to life at conception in the constitution irrespective of who the baby is born to, there is a birthright irrespective of who the baby is born to! You guys cannot have it both ways!
  6. George Chell's Avatar
    Another way of putting it is direct quote from conservatives.."a murderer will try to escape responsibility because he is afraid of the death penalty." Folks who want to repeal death penalty are no different from criminals facing capital punishment..."racist whites are afraid of becoming a minority because of the atrocities they committed during Jim Crow and they want to escape responsibility."
  7. George Chell's Avatar
    I meant the folks who want to repeal the 14th amendment...
  8. S's Avatar
    "His wife is Indian..so not surprising!"

    Really , Can I see a pic of her somewhere...
  9. George Chell's Avatar
    http://en.wikipedia.org/wiki/Maya_Keyes

    "Marcel-Keyes was born in New Jersey and raised in suburban Maryland by Alan Keyes, and wife Jocelyn Marcel-Keyes who is a native of India. Marcel-Keyes is the second of three children. She was raised in the Roman Catholic Church."


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