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14th Amendment Keep Or Change?


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If you have been watching the news lately you may have heard about Trumps controversial announcement about trying to change the 14th amendment which allows people illegal or legal to enter our country, give birth, and the kid automatically gets US citizenship.

 

In my personal belief i think this law should be changed because it is being abused to gain citizenship into our country. It needs to be revisited and repealed by reasonable people (well informed voters) or our entire immigration policy needs to be codified by the Congress to reflect a generous immigration policy that is not onerous or burdensome but excludes illegal immigration regardless of the reason for it. The Department of State should be empowered to determine the legitimacy of "political oppression" in ones home country before granting any sort of asylum and then conditional.

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He isn't trying to change the 14th amendment, he is trying to change the way it is enforced. Basically, birthright citizenship should ONLY apply to children born here of parents that are in the country legally. If you are not here legally, your child will not get automagic citizenship. I completely agree.

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  • 6 months later...

He isn't trying to change the 14th amendment, he is trying to change the way it is enforced. Basically, birthright citizenship should ONLY apply to children born here of parents that are in the country legally. If you are not here legally, your child will not get automagic citizenship. I completely agree.

 

By that measure, a child born inside American borders is a citizen so long as their mother has a valid visa. Even a ten day vacation visa.

 

Now, some truthes.

 

Trump cannot change; or override by fait, the Constitution. To get around that, Trump wants Congress to REWRITE the 14th Amendment

 

Trump stated he wants to limit Native Soil birth rights to ONLY those who are born in the US and whose parents (plural) are citizens.

Trump commented that it would be good to 'change' the14th Amendment's Citizenship Clause and "fix" the Civil Rights Act of 1866. He even expressed his admiration for the Supreme Courts 1857 Dred Scott decision, which the 14th Amendment's Citizenship clause was specifically written to invalidate.

Trump stated he wants to 'change' the equal protection clause contained in the 14th Amendment to make it easier to incarcerate and prosecute "immigrants and other undesirables".

Trump has also expressed a desire to 'change' or delete the Due Process Clause of the 14th Amendment so that '"immigrants and other undesirables" can be summarily incarcerated and held indefinitely without trial or hearing.

 

Any statement that the only thing Trump wants to change in the 14th Amendment is the 'Citizenship Clause" is self serving, delusional or an "alternate fact".

 

And Trump doesn't want to stop with the 14th Amendment. Trump has expressed his desire to make changes to, or simply eliminate, the 1st, 4th, 5th, 9th, 10th, 15th, 19th, 22nd and 24th Amendments. Trump has also stated that the Constitution (the document he took an oath to "preserve, protect and defend") "needs to be fixed, it's old".

 

The Constitution and it's Amendments are not the problem.

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He isn't trying to change the 14th amendment, he is trying to change the way it is enforced. Basically, birthright citizenship should ONLY apply to children born here of parents that are in the country legally. If you are not here legally, your child will not get automagic citizenship. I completely agree.

 

By that measure, a child born inside American borders is a citizen so long as their mother has a valid visa. Even a ten day vacation visa.

 

Now, some truthes.

 

Trump cannot change; or override by fait, the Constitution. To get around that, Trump wants Congress to REWRITE the 14th Amendment

 

Trump stated he wants to limit Native Soil birth rights to ONLY those who are born in the US and whose parents (plural) are citizens.

Trump commented that it would be good to 'change' the14th Amendment's Citizenship Clause and "fix" the Civil Rights Act of 1866. He even expressed his admiration for the Supreme Courts 1857 Dred Scott decision, which the 14th Amendment's Citizenship clause was specifically written to invalidate.

Trump stated he wants to 'change' the equal protection clause contained in the 14th Amendment to make it easier to incarcerate and prosecute "immigrants and other undesirables".

Trump has also expressed a desire to 'change' or delete the Due Process Clause of the 14th Amendment so that '"immigrants and other undesirables" can be summarily incarcerated and held indefinitely without trial or hearing.

 

Any statement that the only thing Trump wants to change in the 14th Amendment is the 'Citizenship Clause" is self serving, delusional or an "alternate fact".

 

And Trump doesn't want to stop with the 14th Amendment. Trump has expressed his desire to make changes to, or simply eliminate, the 1st, 4th, 5th, 9th, 10th, 15th, 19th, 22nd and 24th Amendments. Trump has also stated that the Constitution (the document he took an oath to "preserve, protect and defend") "needs to be fixed, it's old".

 

The Constitution and it's Amendments are not the problem.

 

I would LOVE to see some proof of the rest of your claims.......

 

But, all that aside, this is pretty much a dead issue. not a squeak about it in quite some time.

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  • 4 weeks later...

What the US should essentially change is their policy towards the 3rd World countries.

 

Many people immigrate in the US to run away from a dictator while the armament companies sell him weapons or to run away from destitution while some bosses loot the natural resources like petroleum without giving the least cent to the local population for example.

 

Strangely enough those who are the most hostile against the immigrants are also the most favorable to the slavers and public poisoners bosses who force many populations to the exile.

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There is around 25 countries in the world that have unconditional birthright citizenship out of 195 , over 120 have no birthright citizenship at all and the rest have a conditional list that designates what a citizen can be , even including race/ethnicity. There are only 3 countries in the old world that have unconditional birthright citizenship , where it comes from is when the US was created but back then it could take a month or more just to get to the US , nowadays its literally just hop on a plane , few days later have a baby. And other countries recognize this and is why the vast majority don't have it. Basically they think its a stupid idea.

 

Same goes for the whole notion of dual citizenship. Say your 100% American and something was to happen to your country , do you have the same options as someone with dual citizenship , obviously not. So you are 100% in when it comes to what might happen with your country , someone with dual citizenship doesn't have to be. And for that reason many countries around the world do not allow for dual citizenship of any kind. Basically again many nations around the world think its a dumb idea.

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I was only listening to the teachers in the class rooms hoping for some trivial note of excitement in their voices.

 

Ah the grand memories of the social studies teacher and the history teacher.

 

The collection of amendments were supposedly gathered from several of the greater continent's governments. Compiled with the likenesses of the times to create a new world order. All of those parts of the governments who were failing miserably with the way they did it was thought to have some proper rules of sanity for the intellectual society. Some governments wholly democracies, other wholly republican, monarchy, tyrannical, anarchical, military rulers, and even the older ones had something in their bill of rites, so not just one, apparently the writers of the bill of rites studied all of them. I recall the teachers telling us that what seemed to be the authors of the U. S. A.s rights was using their common sense to gather one or two shining examples of the other governments. Many of which failed after hundreds of years. Romes for instance. Athen's, just to mention another.

 

I remember the teachers telling us how the U. S. of A.s founding fathers and authors thought combining the good parts of each countries rules of conduct would make a better government.

 

What we have is what was thought to bring a bright new world order into the mix. As I recall someone here mentioned that there already was a national governed order. The natives of the continent we now call North America had a national government body called the Iroquois. Long houses or as our founding fathers call it, the State Capital Building.

 

Note: If only I had cataloged all the other posts so I could share the wondrous tales that our North American country was already made up of natives from all over the world. Hundreds of years, maybe even THOUSANDS of years before anyone dared sail a ship fearlessly to the west.

 

As I remember someone here posting they wrote that the Iroquois nation was the nexus of all the tribes living on the continent before the colonist began to arrive; Before work orders to send militant organizations under orders to take the land from the colonist and the savages too.

 

Those among the tribes who owned land were first traded, Manhattan Island for some beads. :laugh: and guns, gun powder, horses, cattle, and many more little trades that weren't funny? :laugh: Maybe? Then the military came to claim land in the old fashion way before the Louisiana Territory was established and later purchased.

 

Stories of the living relatives on the continent, whose children no longer sit and listen to their elders stories, tell of how the massive armies, Hessians, Englands, Turks, and even some Privateers turned Pirates massacred millions of the northern continents offspring. Stories say that the natives did just that to each others tribes as sport and to get girls, loot, horse's, pigs, and any other stock and stuffing for the local meals the Indian women of the tribes approved of.

 

While the 1st People, some of them refer to them self as, again, were crushed mentally when the children found out about that their Great Great Grandfather spoke perfect French, perfect German, perfect Chinese, Tibetan, and even Korean, (if you would like to add more languages go ahead) long before any of the Colonists ever arrived. And traded for much more than a bunch of beads he gave to his wives to appeal to them

 

They may have been responsible for even explaining holidays to the colonists. Raiding and looting was such a passionate fun time for most of the old third world order it was (maybe this is true or not) a way to convince the traders of old how to keep new people from moving in on their new trading posts. You know; telling other wanna be traders that the locals were all murderous SAVAGES. :laugh:

 

Common Sense was the strongest publicity Stunt to get the peoples attention so they would accept the Bill of Rights. I think we should change one word of those three to start with, Rights to Rites.

 

As I recall the teachers filled our ears with this, that the amendments are guidelines for the intellectual to forge, (not theirs, the people who followed their suggestions because they were already dainty and wondrously ethically trained in etiquette) :thumbsup: the daily lives of people agreeing to live together in a metropolis, a city. Upon learning the big word, Anthropology, I realized that the stories telling us white anglo saxon born citizens of the U. S. A. were mostly to give us credit for being the molders of this GREAT NATION.

 

I learned that the addition of the Iroquois governments 10 team justice system added another blanket to warm the intellects bed forming the anthropological creation of the 13 colonies Government.

 

I have no idea if any of the stories told us busy little children were any more than a bunch more publicity advertisements combined; to make up a new made up (hopeful society) World Government we were supposed to support. Even to spread the word around the world to prove, once and for all, we have a BETTER WAY to govern than any of the past governments around the world that faded out long before we finally got out of diapers.

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He isn't trying to change the 14th amendment, he is trying to change the way it is enforced. Basically, birthright citizenship should ONLY apply to children born here of parents that are in the country legally. If you are not here legally, your child will not get automagic citizenship. I completely agree.

 

By that measure, a child born inside American borders is a citizen so long as their mother has a valid visa. Even a ten day vacation visa.

 

Now, some truthes.

 

Trump cannot change; or override by fait, the Constitution. To get around that, Trump wants Congress to REWRITE the 14th Amendment

 

Trump stated he wants to limit Native Soil birth rights to ONLY those who are born in the US and whose parents (plural) are citizens.

Trump commented that it would be good to 'change' the14th Amendment's Citizenship Clause and "fix" the Civil Rights Act of 1866. He even expressed his admiration for the Supreme Courts 1857 Dred Scott decision, which the 14th Amendment's Citizenship clause was specifically written to invalidate.

Trump stated he wants to 'change' the equal protection clause contained in the 14th Amendment to make it easier to incarcerate and prosecute "immigrants and other undesirables".

Trump has also expressed a desire to 'change' or delete the Due Process Clause of the 14th Amendment so that '"immigrants and other undesirables" can be summarily incarcerated and held indefinitely without trial or hearing.

 

Any statement that the only thing Trump wants to change in the 14th Amendment is the 'Citizenship Clause" is self serving, delusional or an "alternate fact".

 

And Trump doesn't want to stop with the 14th Amendment. Trump has expressed his desire to make changes to, or simply eliminate, the 1st, 4th, 5th, 9th, 10th, 15th, 19th, 22nd and 24th Amendments. Trump has also stated that the Constitution (the document he took an oath to "preserve, protect and defend") "needs to be fixed, it's old".

 

The Constitution and it's Amendments are not the problem.

 

I would LOVE to see some proof of the rest of your claims.......

 

But, all that aside, this is pretty much a dead issue. not a squeak about it in quite some time.

 

 

 

Towards the end of the reign of Southern Slaveholders, one Dred Scott sued his owner to be recognized as a free citizen. A lower Federal Court held for Scott, as he was living in a Free State. The Supreme Court overturned the Lower court and in their decision, denied Citizenship to all slaves, freed or not.

 

Following the end of the Southern Insurrection to preserve slavery and Lincoln's Emancipation Proclamation, several southern states passed laws restricting the vote to Whites only. They also passed laws which required freed slaves to repay the war debts incurred by the several states which formed the Confederated States.

 

For the purposes of the Census, ex slaves where only counted as 3/5th a person, or less. and in some places were not counted at all. All of this was in an attempt to limit or eliminate the representation of freed slaves in government.

 

Several states which comprised the Confederated States were flooding the Federal government with elected officials which had been prominent officers and elected officials in the Confederated Government and Military. These people were not happy with the end results of their insurrection and attempted to continue that conflict in the halls of Congress.

 

Thus, Congress passed and the states ratified the 14th Amendment.

 

Amendment XIV Section 1.

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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.

Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

 

 

Section one specifically nullifies the Supreme Courts Decision in the Dred Scott case and gives Citizenship to freed slaves and their descendants as native born citizens. It is this clause that contains the native birthplace language which Trump is denigrating and says he wants eliminated. But, Section one also contains the "equal protection" clause that provides all citizens the same legal protections. This is the section that Trump et al really want to eliminate. They will tell you it is about immigrants and refugees, but in truth, Trump is after the Equal Protection Clause. Without that clause it would de much easier to put people he doesn't like in prison, without trial, hearing or conviction. Reporters would probably be the first people to disappear into into the for-profit prisons run by Trump supporters.

 

And before the tar and feathers are unpacked, Let me run down the list.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

 

Trump has expressed a desire to eliminate the "freedom of the Press" and "freedom of Speech" clauses from the 1st Amendment. Trump wants free reign to silence the critics which continually point at his lies. Part of the strategy is to cut out the Equal Protection Clause from the 14th Amendment so his critics can be imprisoned.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

Trump has expressed his wish to curtail or eliminate the protections against 'unreasonable search and seizure" in the 4th Amendment. Trump has complained loudly that the government is not allowed to summarily enter establishments and randomly seize any persons they suspect of being an' illegal immigrant'. Trump stated that the requirement to get a warrant only serves to warn the immigrants that the raid was coming and shouldn't be a requirement.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

At one of his rallies, Trump ranted that he had to give 'illegal immigrants' and 'asylum seekers' a chance to be heard in a court. He wanted the "due process of law" clause eliminated from the 5th Amendment so he could hold 'immigrants' in prison (a for-profit prison) indefinitely without ever showing them the inside of a court room.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

 

The 9th Amendment is being used by several States to justify their creation of "sanctuary laws" which prohibit law enforcement from questioning those who report crimes about their immigration status. Trump is furious that these states "have been allowed to hide behind the Constitution and protect illegal immigrants". He wants the 9th Amendment eliminated.

 

The 9th Amendment was a consideration during the Supreme Courts' decision in Roe v Wade. Rights not defined by the Constitution but retained by the people are not to be limited, which includes medical decisions. Trump has lamented the Roe V Wade decision and the 9th Amendments role in that decision. Trump expressed his desire to eliminate the protections in the 9th Amendment.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

 

The 10th Amendment is being used by several States to justify their creation of "sanctuary laws" which prohibit law enforcement from questioning those who report crimes about their immigration status. Trump is furious that these states "have been allowed to hide behind the Constitution and protect illegal immigrants". He wants the 10th Amendment eliminated.

Amendment XV Section 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

 

Trump claims that the 15th Amendment is being used to give voting rights to 'illegal immigrants' (a claim for which he has supplied no evidence). He wants the 15th Amendment repealed "to stop voter fraud".

Amendment XIX

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

 

This Amendment was passed in response to the Supreme Court Case Minor v. Happersett (https://www.law.cornell.edu/supremecourt/text/88/162). That Supreme Courts decision struck down a clause in the Constitution of the State of Missouri which limited voting rights to men only. The majority opinion of the court also upheld the "native birth" clause of the 14th Amendment and included ALL persons born in the US. Trump doesn't give a damn about women's votes. What he dislikes and wants eliminated is the "native birth" definitions contained in the decision, and the 19th Amendment is based off that Court decision.

 

Amendment XXII Section 1.

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.

 

If the reason that Trump has lead the drive to repeal the 22nd Amendment isn't immediately obvious, you do not belong in this discussion.

 

Amendment XXIV Section 1.

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

 

The 24th Amendment was written specifically to eliminate the Voter Registration restriction which required the payment of property taxes and the payment of a additional "poll tax" to register to vote in eleven southern States. The 24th Amendment is the only Amendment written to specifically address a voter suppression in the 'Jim Crow South".

 

Trump is claiming that the application of this Amendment is permitting 'illegal immigrants' to commit voter fraud and register to vote, so it should be overturned.

 

 

 

 

 

HeyYou, I hope that this answers your questions. I further hope that others will recognize the current effort to take away some of our Constitutional freedoms.

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He isn't trying to change the 14th amendment, he is trying to change the way it is enforced. Basically, birthright citizenship should ONLY apply to children born here of parents that are in the country legally. If you are not here legally, your child will not get automagic citizenship. I completely agree.

 

By that measure, a child born inside American borders is a citizen so long as their mother has a valid visa. Even a ten day vacation visa.

 

Now, some truthes.

 

Trump cannot change; or override by fait, the Constitution. To get around that, Trump wants Congress to REWRITE the 14th Amendment

 

Trump stated he wants to limit Native Soil birth rights to ONLY those who are born in the US and whose parents (plural) are citizens.

Trump commented that it would be good to 'change' the14th Amendment's Citizenship Clause and "fix" the Civil Rights Act of 1866. He even expressed his admiration for the Supreme Courts 1857 Dred Scott decision, which the 14th Amendment's Citizenship clause was specifically written to invalidate.

Trump stated he wants to 'change' the equal protection clause contained in the 14th Amendment to make it easier to incarcerate and prosecute "immigrants and other undesirables".

Trump has also expressed a desire to 'change' or delete the Due Process Clause of the 14th Amendment so that '"immigrants and other undesirables" can be summarily incarcerated and held indefinitely without trial or hearing.

 

Any statement that the only thing Trump wants to change in the 14th Amendment is the 'Citizenship Clause" is self serving, delusional or an "alternate fact".

 

And Trump doesn't want to stop with the 14th Amendment. Trump has expressed his desire to make changes to, or simply eliminate, the 1st, 4th, 5th, 9th, 10th, 15th, 19th, 22nd and 24th Amendments. Trump has also stated that the Constitution (the document he took an oath to "preserve, protect and defend") "needs to be fixed, it's old".

 

The Constitution and it's Amendments are not the problem.

 

I would LOVE to see some proof of the rest of your claims.......

 

But, all that aside, this is pretty much a dead issue. not a squeak about it in quite some time.

 

 

 

Towards the end of the reign of Southern Slaveholders, one Dred Scott sued his owner to be recognized as a free citizen. A lower Federal Court held for Scott, as he was living in a Free State. The Supreme Court overturned the Lower court and in their decision, denied Citizenship to all slaves, freed or not.

 

Following the end of the Southern Insurrection to preserve slavery and Lincoln's Emancipation Proclamation, several southern states passed laws restricting the vote to Whites only. They also passed laws which required freed slaves to repay the war debts incurred by the several states which formed the Confederated States.

 

For the purposes of the Census, ex slaves where only counted as 3/5th a person, or less. and in some places were not counted at all. All of this was in an attempt to limit or eliminate the representation of freed slaves in government.

 

Several states which comprised the Confederated States were flooding the Federal government with elected officials which had been prominent officers and elected officials in the Confederated Government and Military. These people were not happy with the end results of their insurrection and attempted to continue that conflict in the halls of Congress.

 

Thus, Congress passed and the states ratified the 14th Amendment.

 

Amendment XIV Section 1.

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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.

Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

 

 

Section one specifically nullifies the Supreme Courts Decision in the Dred Scott case and gives Citizenship to freed slaves and their descendants as native born citizens. It is this clause that contains the native birthplace language which Trump is denigrating and says he wants eliminated. But, Section one also contains the "equal protection" clause that provides all citizens the same legal protections. This is the section that Trump et al really want to eliminate. They will tell you it is about immigrants and refugees, but in truth, Trump is after the Equal Protection Clause. Without that clause it would de much easier to put people he doesn't like in prison, without trial, hearing or conviction. Reporters would probably be the first people to disappear into into the for-profit prisons run by Trump supporters.

 

And before the tar and feathers are unpacked, Let me run down the list.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

 

Trump has expressed a desire to eliminate the "freedom of the Press" and "freedom of Speech" clauses from the 1st Amendment. Trump wants free reign to silence the critics which continually point at his lies. Part of the strategy is to cut out the Equal Protection Clause from the 14th Amendment so his critics can be imprisoned.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

Trump has expressed his wish to curtail or eliminate the protections against 'unreasonable search and seizure" in the 4th Amendment. Trump has complained loudly that the government is not allowed to summarily enter establishments and randomly seize any persons they suspect of being an' illegal immigrant'. Trump stated that the requirement to get a warrant only serves to warn the immigrants that the raid was coming and shouldn't be a requirement.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

At one of his rallies, Trump ranted that he had to give 'illegal immigrants' and 'asylum seekers' a chance to be heard in a court. He wanted the "due process of law" clause eliminated from the 5th Amendment so he could hold 'immigrants' in prison (a for-profit prison) indefinitely without ever showing them the inside of a court room.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

 

The 9th Amendment is being used by several States to justify their creation of "sanctuary laws" which prohibit law enforcement from questioning those who report crimes about their immigration status. Trump is furious that these states "have been allowed to hide behind the Constitution and protect illegal immigrants". He wants the 9th Amendment eliminated.

 

The 9th Amendment was a consideration during the Supreme Courts' decision in Roe v Wade. Rights not defined by the Constitution but retained by the people are not to be limited, which includes medical decisions. Trump has lamented the Roe V Wade decision and the 9th Amendments role in that decision. Trump expressed his desire to eliminate the protections in the 9th Amendment.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

 

The 10th Amendment is being used by several States to justify their creation of "sanctuary laws" which prohibit law enforcement from questioning those who report crimes about their immigration status. Trump is furious that these states "have been allowed to hide behind the Constitution and protect illegal immigrants". He wants the 10th Amendment eliminated.

Amendment XV Section 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

 

Trump claims that the 15th Amendment is being used to give voting rights to 'illegal immigrants' (a claim for which he has supplied no evidence). He wants the 15th Amendment repealed "to stop voter fraud".

Amendment XIX

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

 

This Amendment was passed in response to the Supreme Court Case Minor v. Happersett (https://www.law.cornell.edu/supremecourt/text/88/162). That Supreme Courts decision struck down a clause in the Constitution of the State of Missouri which limited voting rights to men only. The majority opinion of the court also upheld the "native birth" clause of the 14th Amendment and included ALL persons born in the US. Trump doesn't give a damn about women's votes. What he dislikes and wants eliminated is the "native birth" definitions contained in the decision, and the 19th Amendment is based off that Court decision.

 

Amendment XXII Section 1.

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.

 

If the reason that Trump has lead the drive to repeal the 22nd Amendment isn't immediately obvious, you do not belong in this discussion.

 

Amendment XXIV Section 1.

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

 

The 24th Amendment was written specifically to eliminate the Voter Registration restriction which required the payment of property taxes and the payment of a additional "poll tax" to register to vote in eleven southern States. The 24th Amendment is the only Amendment written to specifically address a voter suppression in the 'Jim Crow South".

 

Trump is claiming that the application of this Amendment is permitting 'illegal immigrants' to commit voter fraud and register to vote, so it should be overturned.

 

 

 

 

 

HeyYou, I hope that this answers your questions. I further hope that others will recognize the current effort to take away some of our Constitutional freedoms.

 

Citations needed.

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