The 14th amendment has done it again! No wonder right wing radicals want to repeal it.
Just a few days ago, in Congress, Tea Partiers and their pals were signing up 93 co-sponsors up for a bill to repeal the thing, or at least change it, to be clear that it can’t and shouldn’t justify citizenship for those born to inadequately documented people in the U.S.
Now there’s this, the decision in Perry v. Schwarzenegger — citing again the 14th Amendment. A Republican-appointed judge, Judge Walker, wrote: “Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.”
That’ll really drive right wingers mad.
There’s just one problem. That pesky piece of legislation, the same part that protects minorities? It’s the same pesky statute that Conservatives love — when, as in Citizens United, it’s cited by Supremes on the right hand side of the court to apply to regulation-fighting corporations.
It’s going to be hard to have your corporate cake and eat it too, dear friends.
And in case you haven’t read it in a while, read the decision in Perry v. Schwarzenegger, then this: by way of reminder.
“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.”
Find the full text here for a reminder. Enjoy. It’s people’s law.
The F Word is a regular commentary by Laura Flanders, the host of GRITtv which broadcasts weekdays on satellite TV (Dish Network Ch. 9415 Free Speech TV) on cable, and online at GRITtv.org and TheNation.com. Support us by signing up for our podcast, and follow GRITtv or GRITlaura on Twitter.com.