The popular vote loser in the White House has named an exceedingly controversial nominee to replace esteemed Justice Ruth Bader Ginsburg. Aside from the fact that it turns out that our senators, John Cornyn and Ted Cruz, along with every other Republican in the senate lied to us in 2016 regarding the reason to deny then President Obama his constitutional right to name a Supreme Court justice and thus steal a seat, this nominee doesn’t deserve confirmation simply because she doesn’t believe in the actual constitution or at least the parts she doesn’t like.
She, along with numerous far right “thinkers”, claim that
the fourteenth amendment is illegitimate. The Fox News crowd suggest that birthright
citizenship clause was only intended to help those who had been directly
enslaved, and is not applicable to future generations. Some go so far as the claim
that since southern senators weren’t seated at the time due to the aftermath of
the Civil War both the fourteenth and fifteenth amendments are null and void.
Sen. Jacob Howard (R-MI), the Senate sponsor of the 14th
Amendment, explained that Section One incorporates:
“The personal rights guaranteed and secured by the first
eight amendments of the Constitution; such as the freedom of speech and of the
press; the right of the people peaceably to assemble and petition the
Government for a redress of grievances, a right appertaining to each and all
the people; the right to keep and bear arms; the right to be exempted from the
quartering of soldiers in a house without the consent of the owner; the right
to be exempt from unreasonable searches and seizures, and from any search or
seizure except by virtue of a warrant issued upon a formal oath or affidavit;
the right of an accused person to be informed of the nature of the accusation
against him, and his right to be tried by an impartial jury of the vicinage;
and also the right to be secure against excessive bail and against cruel and
unusual punishments. . . .
The last two clauses of the first section of the amendment
disable a state from depriving not merely a citizen of the United States, but
any person, whoever he may be, of life, liberty, or property without due process
of law, or from denying to him the equal protection of the laws of the
state. This abolishes all class
legislation and does away with the injustice of subjecting one caste of persons
to a code not applicable to another.”
Now let’s consider what it means if Justice Barrett got her
way and voided the 14th Amendment. State and local governments could
take away your guns, they could infringe on your right to freely associate with
others of like mind, states and counties could impose teaching whatever
religion those in power decided. Those in power at state or local levels could
shutter press outlets that disagreed with them. The governor or mayor could
have you arrested for protesting against local government policies. There would
be nothing to stop state or local governments from denying women equal rights.
If your ancestors were not recognized as citizens at the
time of the revolution or naturalized citizens afterward you would lose your
citizenship and therefore your right to vote or even be present in the United
States. Justice Barrett has no business getting anywhere near the constitution
and I urge you to tell that to John Cornyn and Ted Cruz.
Published in the Seguin Gazette - September 30, 2020
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