Tag Archives: constitution

Donald Trump: The 14th Amendment Is Unconstitutional

Mother Jones

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After launching his presidential campaign by calling Mexican immigrants “rapists,” Donald Trump is now following up on his nativist rhetoric by taking aim at the Constitution.

On Tuesday, when Bill O’Reilly challenged the presidential hopeful’s proposal to end birthright citizenship in light of the 14th Amendment, Trump hit back: “Bill, I think you’re wrong about the 14th amendment and frankly the whole thing about anchor babies.”

“I can quote it, you want me to quote you the amendment?” O’Reilly responded. “If you’re born here you’re a citizen. Period!”

But Trump insisted he and his lawyers have found some disturbing holes in the amendment, which unequivocally states that anyone born in the United States is in fact an American citizen.

“What happens is, they’re in Mexico, they’re going to have a baby, they move over here for a couple of days, they have the baby,” Trump said, while trying to break down his legal take. “Bill, lawyers are saying, ‘It’s not going to hold up in court, it’s going to have to be tested.'”

“I don’t think they have American citizenship, and if you speak to some very, very good lawyers, some would disagree,” Trump added. “But many of them agree with me—you’re going to find they do not have American citizenship. We have to start a process where we take back our country. Our country is going to hell. We have to start a process, Bill, where we take back our country.”

O’Reilly pointed out that if Trump wanted to end birthright citizenship he could push for an amendment to the constitution—a position held by the former reality TV show star’s fellow GOP presidential candidate Scott Walker—but in a slight capitulation, Trump acknowledged that that would probably “take too long” and said he’d rather use his potential presidency to “find out whether or not anchor babies are citizens.”

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Donald Trump: The 14th Amendment Is Unconstitutional

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Why Justice Kennedy’s Gay Marriage Opinion Is a Bigger Liberal Victory Than You Think

Mother Jones

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The LGBT community and its allies won big on Friday. In legalizing same-sex marriage nationwide, Supreme Court Justice Anthony Kennedy’s soaring majority opinion ruled that the Fourteenth Amendment to the Constitution gives gay and lesbian couples the same right to marry that opposite-sex couples have. But that wasn’t all Kennedy did.

The justice issued a ringing endorsement of a “living Constitution,” the idea, championed by liberals today, that the Constitution evolves over time along with technology and society. On the other side of the spectrum are “originalists.” To proponents of originalism, notably Justice Antonin Scalia, constitutional interpretation should be based on the intent of the framers of the document.

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Why Justice Kennedy’s Gay Marriage Opinion Is a Bigger Liberal Victory Than You Think

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The Constitution doesn’t care about your uterus

The Constitution doesn’t care about your uterus

By on 21 May 2015commentsShare

There’s a moment in almost every American woman’s life when she thinks to herself: “Hold up — why are we still arguing about what I can and cannot do with my uterus?” And then she realizes that there is no sense-making answer to that question, and that the fact that the debate exists at all is definitively absurd.

Jill Lepore, in this week’s issue of The New Yorker, sheds some light on why we’re stuck in a hellish tango around the constitutional validity of our reproductive rights:

The Constitution never mentions sex, marriage, or reproduction. This is because the political order that the Constitution established was a fraternity of free men who, believing themselves to have been created equal, consented to be governed. Women did not and could not give their consent: they were neither free nor equal. Rule over women lay entirely outside a Lockean social contract in a relationship not of liberty and equality but of confinement and subjugation. As Mary Astell wondered, in 1706, “If all Men are born free, how is it that all Women are born Slaves?”

Essentially, the Constitution is inadequate. It speaks directly only to the sort of people who were enfranchised in 1787; the rest of us are left to make arguments by amendment and, failing that, by indirection.

I’m not going to waste your time with my take on it — just go read the whole thing.

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The Constitution doesn’t care about your uterus

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Rand Paul Just Announced That He’s Running for President. Here’s His Speech.

Mother Jones

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Rand Paul just announced that he is running for president. He said some weird things, and some stupid things, and some okay things, and some smart things, and a lot of meaningless things.

Politics!

Here’s the transcript, courtesy of TIME.

I have a message, a message that is loud and clear and does not mince words. We have come to take our country back.

We have come to take our country back from the special interests that use Washington as their personal piggy bank, the special interests that are more concerned with their personal welfare than the general welfare.

The Washington machine that gobbles up our freedoms and invades every nook and cranny of our lives must be stopped.

Less than five years ago I stood just down the road in home town in Bowling Green and said those same words. I wasn’t supposed to win, no one thought I would.

Some people asked me, then why are you running? The answer is the same now as it was then. I have a vision for America. I want to be part of a return to prosperity, a true economic boom that lists all Americans, a return to a government restrained by the Constitution.

A return to privacy, opportunity, liberty. Too often when Republicans have won we have squandered our victory by becoming part of the Washington machine. That’s not who I am.

That’s not why I ran for office the first time just a few years ago. The truth is, I love my life as a small-town doctor. Every day I woke up, I felt lucky to be able to do the things I loved. More importantly, I was blessed to be able to do things that made a difference in people’s lives.

I never could have done any of this, though, without the help of my parents who are here today. I’d like you to join me and thank my mother and dad.

With my parents’ help, I was able to make it through long years of medical training to become an eye surgeon. For me there is nothing that compares with helping someone see better. Last August I was privileged to travel to Guatemala on a medical mission trip together with a team of surgeons from across the U.S.

We operated on more than 200 people who were blind or nearly blind from cataracts. I was grateful to be able to put my scrubs back on, peer into the oculars of the microscope, and focus on the task at hand, to take a surgical approach to fix a problem.

One day in Guatemala, a man arrived and told me that I’d operated on his wife the day before. His wife could see clearly for the first time in years, and she had begged him to get on the bus, travel the winding roads and come back to our surgery center. He too was nearly blind from hardened cataracts.

After his surgery, the next day, his wife sat next to me. As I unveiled the patch from his eyes, it was a powerful emotional moment for me to see them looking at each other clearly for the first time years to see the face they loved again.

As I saw the joy in their eyes, I thought, “This is why I became a doctor.”

In that moment, I also remembered my grandmother, who inspired me to become an eye surgeon. She spent hours with me as a kid. We would sort through her old coin collection, looking for wheat pennies and Indian heads. But as her vision began to fail, I became her eyes to inspect the faintness of the mint marks on the old weather-worn coins.

I went with my grandmother to the ophthalmologist as she had her corneas replaced. I was also with her when she received the sad news that macular generation had done irreparable harm to her eyes.

My hope… my hope that my grandmother would see again made me want to become an eye surgeon, to make a difference in people’s lives.

I’ve been fortunate. I’ve been able to enjoy the American Dream.

I worry, though, that the opportunity and hope are slipping away for our sons and daughters. As I watch our once-great economy collapse under mounting spending and debt, I think, “What kind of America will our grandchildren see”?

It seems to me that both parties and the entire political system are to blame.

Big government and debt doubled under a Republican administration.

And it’s now tripling under Barack Obama’s watch. President Obama is on course to add more debt than all of the previous presidents combined.

We borrow a million dollars a minute. This vast accumulation of debt threatens not just our economy, but our security.

We can wake up now and do the right thing. Quit spending money we don’t have.

This message of liberty is for all Americans, Americans from all walks of life. The message of liberty, opportunity and justice is for all Americans, whether you wear a suit, a uniform or overalls, whether you’re white or black, rich or poor.

In order to restore America, one thing is for certain, though: We cannot, we must not dilute our message or give up on our principles.

If we nominate a candidate who is simply Democrat Light, what’s the point?

Why bother?

We need to boldly proclaim our vision for America. We need to go boldly forth under the banner of liberty that clutches the Constitution in one hand and the Bill of Rights in the other.

Washington is horribly broken. I fear it can’t be fixed from within. We the people must rise up and demand action.

Congress will never balance the budget unless you force them to do so. Congress has an abysmal record with balancing anything. Our only recourse is to force Congress to balance the budget with a constitutional amendment.

I have been to Washington, and let me tell you, there is no monopoly on knowledge there.

I ran for office because we have too many career politicians. I believe it now more than ever.

We limit the President to two terms. It’s about time we limit the terms of Congress!

I want to reform Washington. I want common sense rules that will break the log-jam in Congress.

That’s why I introduced a Read the Bills Act.

The bills are thousands of pages long. And no one reads them. They are often plopped on our desks only a few hours before a vote.

I’ve proposed something truly extraordinary — Let’s read the bills, every page!

———
Many Americans, though, are being left behind. The reward of work seems beyond their grasp. Under the watch of both parties – the poor seem to get poorer and the rich get richer.

Trillion dollar government stimulus packages have only widened the income gap.

Politically connected cronies get taxpayer dollars by the hundreds of millions, and poor families across America continue to suffer.

I have a different vision, an ambitious vision, a vision that will offer opportunity to all Americans, especially those who have been left behind.

———
Liberal policies have failed our inner cities. Let’s just get the facts straight. They have failed our inner cities. Our schools are not equal and the poverty gap continues to widen.

Martin Luther King spoke of two Americas. He described them as “two starkly different American experiences that exist side by side.”

In one America, people experience the opportunity of life, liberty and the pursuit of happiness. In the other America, people experience a daily ugliness. …

My trips to Detroit, Appalachia, and Chicago have revealed what I call an ‘undercurrent of unease.’

I want all our children to have the same opportunities that I had. We need to stop limiting kids in poor neighborhoods to failing public schools and offer school choice, not just for the privileged, but for everyone!

It won’t happen, though, unless we realize that we can’t borrow our way to prosperity.

———

In my vision for America, freedom and prosperity at home can only be achieved if we defend against enemies who are dead-set on attacking America.

The enemy is radical Islam and not only will I name the enemy, I will do what ever it takes to defend America from these haters of mankind!

We need a national defense robust enough to defend against all attack, modern enough to deter all enemies, and nimble enough to defend our vital interests.

But we also need a foreign policy that protects American interests and encourages stability, not chaos!

I envision an America with a national defense unparalleled, undefeatable, and unencumbered by overseas nation building!

I envision a national defense that promotes, as Reagan put it, “Peace through Strength.”

I believe in applying Ronald Reagan’s approach to foreign policy to the Iran issue.

Successful negotiations with untrustworthy adversaries are only achieved from a position of strength.

We brought Iran to the table from strength, through sanctions I voted for.

Now we must stay strong. That’s why I co-sponsored legislation that insures that any deal between the U.S. and Iran must be approved by Congress.

Not only is that good policy, it is the law.

I will oppose any deal that does not end Iran’s nuclear ambitions and have strong verification measures. I will insist that any final version be brought before Congress.

The difference between President Obama and myself-he seems to think you can negotiate from a position of weakness.

———
We must realize, though, that we do not project strength by borrowing money from China to send it to Pakistan.

Let’s quit building bridges in foreign countries and use that money to build some bridges here at home!

It angers me to see mobs burning our flag and chanting death to America in countries that receive millions of dollars of our foreign aid.

I say it must end. I say not one penny more to these haters of America!

———

Today begins the journey to take back America, to rescue a great country, now adrift.

If you love liberty, stand with me!

If you want to defeat the Washington machine, stand with me!

God bless you. God bless America.

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Rand Paul Just Announced That He’s Running for President. Here’s His Speech.

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Watch “Emperor” Obama Take Over Hosting Duties for Colbert

Mother Jones

“You’ve taken plenty of shots at my job. I’m going to take a shot at yours.”

And with that, President Obama seized control of a special D.C. edition of “The Colbert Report” last night, leading off by taking over hosting duties for the latest installment of “The Word,” or as the president promptly renamed, “The Decree.”

Later on, the two sat down and discussed everything from the midterm elections to the nuclear launch codes. Regarding immigration reform, Colbert asked his guest, “You realize you’re an emperor now…Why did you burn the Constitution and become an emperor?”

Colbert, who will be replacing David Letterman over at the “Late Show” soon, concluded the special appearance with a suggestion that melded both immigration legislation and Keystone into one bizarre policy proposal. The president declined: “Stephen, that sounds like a ridiculous idea. But that’s why you’re where you are, and I’m where I am.”

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Watch “Emperor” Obama Take Over Hosting Duties for Colbert

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Tennessee Voters Just Made It Easier to Restrict Abortion—And the GOP Isn’t Wasting Any Time.

Mother Jones

For years, as lawmakers in other conservative states passed onerous restrictions designed to limit abortion access, deep-red Tennessee stood out as an exception—because the state’s constitution forbade many of the harshest anti-abortion measures.

But that changed on Election Day. Last week, 53 percent of Tennessee voters approved Amendment 1—a change to the state’s constitution that will allow lawmakers to pass a slew of new abortion restrictions. And Republicans, led by Beth Harwell, the speaker of the state house of representatives, are already working on three abortion restrictions to debate in 2015: One measure would set up a mandatory waiting period between a woman’s first visit to an abortion clinic and the time of the procedure. A second would force women to undergo mandatory counseling, known as informed consent, before an abortion. And a third would add new, unspecified inspection requirements for abortion facilities.

As I reported in September, Amendment 1 was aimed at overturning a 2000 court decision that struck down a 48-hour waiting period, an “informed consent” law, and a requirement that all second-trimester abortions be performed in a hospital. Amendment 1 reads: “Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion,” including for pregnancies “resulting from rape or incest or when necessary to save the life of the mother.”

Supporters of Amendment 1 argued that the new language was necessary because Tennessee was barred from inspecting abortion clinics. (In fact, the Tennessee Department of Health inspected several of the state’s clinics within the past year before renewing their licenses.)

Amendment 1 detractors, on the other hand, warned that the measure was actually aimed at using strict new regulations to close some of Tennessee’s seven abortion clinics. This tactic is popular with Tennessee’s neighbors. It’s part of why nearly 1 in 4 women who receive an abortion in Tennessee live in another state, such as Alabama and Mississippi, where highly restrictive abortion laws have closed all but a handful of abortion providers.

Abortion rights advocates also worried that the amendment would allow abortion opponents to spread misinformation about abortion through an informed consent law; South Dakota, for example, compels doctors to tell women that abortion can lead to an increased risk of suicide—an assertion that mainstream medical organizations say is false. All told, both camps poured $5.5 million into the fight over Amendment 1.

It’s not as though Tennessee was abortion-friendly to begin with. Before Amendment 1 came along, Tennessee passed anti-abortion laws that limited insurance coverage for abortion, outlawed the abortion pill, and caused two abortion clinics to close because they could not gain admitting privileges with local hospitals.

The real danger of Amendment 1 is that the measure “will basically just open the floodgates for the General Assembly to pass any kind of restriction if the amendment passes,” Jeff Teague, the president of Planned Parenthood of Middle and East Tennessee, said in the run-up to the election. “We think they probably have a long list of things they’re going to pass.”

Turns out he was spot-on.

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Tennessee Voters Just Made It Easier to Restrict Abortion—And the GOP Isn’t Wasting Any Time.

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Bill Moyers: "That Sound You Hear Is the Shredding of the Social Contract"

Mother Jones

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This story first appeared on the TomDispatch website.

I met Supreme Court Justice William Brennan in 1987 when I was creating a series for public television called In Search of the Constitution, celebrating the bicentennial of our founding document. By then, he had served on the court longer than any of his colleagues and had written close to 500 majority opinions, many of them addressing fundamental questions of equality, voting rights, school segregation, and—in New York Times v. Sullivan in particular—the defense of a free press.

Those decisions brought a storm of protest from across the country. He claimed that he never took personally the resentment and anger directed at him. He did, however, subsequently reveal that his own mother told him she had always liked his opinions when he was on the New Jersey court, but wondered now that he was on the Supreme Court, “Why can’t you do it the same way?” His answer: “We have to discharge our responsibility to enforce the rights in favor of minorities, whatever the majority reaction may be.”

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Bill Moyers: "That Sound You Hear Is the Shredding of the Social Contract"

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