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Validity of the 14th Amendment to the United States Constitution.

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Mark B. Posted: Sun, Dec 23 2007 9:53 PM

Referring to the existing thread concerning immigration and some references therein to the 14th Amendment to the U.S. Constitution.

 

A libertarian President, upon assuming office, should proclaim the 14th Amendment null and void, as it was never duly ratified, the ratifications of the Southern states having been made by illegal puppet governments.  As a consequence, he should immediately enjoin enforcement of all law proceeding from the 14th amendment.  Among other things, that would end birthright citizenship.  It would also ensure that their would be no UNITED STATES citizens whatsoever.  Every person would be a citizen of their state of residence ONLY. 

If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home and leave us in peace. We seek not your council, nor your arms. Crouch down and lick the hand that feeds you, and may posterity forget that ye were our countrymen.
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JAlanKatz replied on Mon, Dec 24 2007 1:10 PM

Is that a legitimate power of the President?  I mean, I agree on the 14th, but not at the price of adding yet more power to the executive.

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Kent C replied on Mon, Dec 24 2007 1:53 PM

Yeah.  I don't think he can do that, but it would be an interesting solution.  So, each State would decide citizenship?  Wouldn't that also mean going back to the "United STATES of America" instead of what you have now, which is the "United STATE of America"?  Sounds good. 

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Mark B. replied on Mon, Dec 24 2007 4:01 PM

Actually, I think the end result would a rather severe reduction in power of the Federal Government, and consequently, of the President.  While it is definately in the gray area, I think the President, under his oath to "Preserve, protect and defend the Constitution" could declare null and void an article of amendment that was fraudulently adopted.  And the evidence of its fraudulent adoption is beyond dispute.

Removal of the 14th would go a long way towards reigning in the Federal Government. 

If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home and leave us in peace. We seek not your council, nor your arms. Crouch down and lick the hand that feeds you, and may posterity forget that ye were our countrymen.
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JAlanKatz replied on Mon, Dec 24 2007 5:35 PM

Mark B.:

Actually, I think the end result would a rather severe reduction in power of the Federal Government, and consequently, of the President.  While it is definately in the gray area, I think the President, under his oath to "Preserve, protect and defend the Constitution" could declare null and void an article of amendment that was fraudulently adopted.  And the evidence of its fraudulent adoption is beyond dispute.

Removal of the 14th would go a long way towards reigning in the Federal Government. 

Well, I think you're certainly right about the consequences - and if I were a consequentialist, that would be enough.  However, I'm not, and I won't support a violation of the division of powers even for a good purpose.  We just need to vote in a good Congress, or the libertarian president needs to appoint good judges.

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JAlanKatz replied on Mon, Dec 24 2007 5:36 PM

Mark B.:

Actually, I think the end result would a rather severe reduction in power of the Federal Government, and consequently, of the President.  While it is definately in the gray area, I think the President, under his oath to "Preserve, protect and defend the Constitution" could declare null and void an article of amendment that was fraudulently adopted.  And the evidence of its fraudulent adoption is beyond dispute.

Removal of the 14th would go a long way towards reigning in the Federal Government. 

Well, I think you're certainly right about the consequences - and if I were a consequentialist, that would be enough.  However, I'm not, and I won't support a violation of the division of powers even for a good purpose.  We just need to vote in a good Congress, or the libertarian president needs to appoint good judges.

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