Episode 022 Show Notes
End of the world episode!... In our twenty-second episode the guys discuss the Newton, CT and the liberal response by attacking the Second Amendment; fromer major Hasan's beard, and how to know if the excrement is hitting the oscillator. They also cover the Fourteenth Amendment of the US Constitution. Prep School was done "off the cuff." Definitely an intense episode. You owe it to yourself to listen. (NOTE: some uncensored adult language)
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.
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.
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.
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.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
- Ratified on July 9, 1865.
- According to the LOC, it is cited in more litigation that any other amendment.
Plessy v Ferguson (163 US 537 -- 1896)
“Louisiana had adopted a law in 1890 that required railroad companies to provide racially segregated accommodations. In 1892, the state of Louisiana prosecuted Plessy, a man who was 7/8 Caucasian and 1/8 Black [an octoroon], for refusing to leave a passenger car designated for whites.
The Supreme Court, in an opinion written by Justice Brown, upheld the Louisiana law, reasoning that the Fourteenth Amendment of the Constitution was designated to enforce the political equality of blacks and whites but not intended to abolish social inequality.” (http://www.law.cornell.edu/wex/plessy_v._ferguson_1896)
This ruling established the philosophy of “separate but equal” that endured until Brown v Board of Education in 1954.
Plyler v Doe (457 U.S. 202 -- 1982)
“Plyler v. Doe is a U.S. Supreme Court case in which the Court struck down a Texas statute that denied funding to local school districts for the education of children who were not ‘legally admitted’ into the United States, and which authorized local school districts to deny enrollment to such children. The Court held that illegal aliens and their children, though not citizens of the United States or Texas, are people ‘in any ordinary sense of the term’ and, therefore, are afforded Fourteenth Amendment protections and that since the state law severely disadvantaged the children of without a ‘compelling state interest’ it violates the Equal Protection Clause of the Fourteenth Amendment.” (http://www.law.cornell.edu/wex/plyler_v._doe_1982).
The dissenting judges said: "[t]he Constitution does not provide a cure for every social ill, nor does it vest judges with a mandate to try to remedy every social problem"; and that the majority was overstepping its bounds by seeking "to do Congress' job for it, compensating for congressional inaction". (http://www.law.cornell.edu/supct/html/historics/USSC_CR_0457_0202_ZD.html)