Why has there never been any legal challenge to the 14th Amendment?

Any form of legislation has the purpose and/or intent (or at least should have) to help or protect the citizens of the country. Clearly the 14th Amendment, whatever its original intent, is actually economically harming our nation:

https://www.washingtonexaminer.com/washington-secrets/shock-report-us-paying-more-for-illegal-immigrant-births-than-trumps-wall

The fact is that this has been going on for decades but unfortunately our spineless representatives have never done anything to address this (that I am aware of). Does anyone know if there has ever been any serious movement by groups of concerned citizens to try and challenge this at all? Especially if one is in a state hit very hard by this?

1 Like

IMO the 14 amendment does state and is clear, the problem is the politicians who want to bury it. However the good news is that eventually the 14th amendment will be heard as this is on a collision course with certain legal challenges to be heard.

What legal challenges are you referring to?

I can’t remember exactly without spending copious amount of time searching, but its related to certain immigration cases currently going on, one is DACA where the 14th Amendment was referenced, another was Trump’s travel ban.

Two questions. Say theses cases get to the SCOTUS, could they actually define the 14th Amendment in such a way that could legally deny birthright citizenship to anyone born here by a parent here illegally? And would they even consider doing that especially with decades of precedent granting citizenship in that regard?

I am not sure I can answer those questions because there has never been a case in which the 14th Amendment had to be interpreted by SCOTUS to determine a case until now. So maybe to answer your earlier question, about why it has never been challenged is because the entire immigration issue has been basically ignored until Trump got into office. One this is for sure, one way or the other it will be heard and maybe a reason why Trump was so bent on stacking the courts with more constitutional conservative judges such as Gorsuch and Kavanaugh.

It will be interesting to see how this plays out if/when it gets to the SCOTUS. My impression though it will likely be more about DACA than the 14th Amendment.

The 14th Amendment was proposed in response to issues related to former slaves following the American Civil War and taken to the extreme to allow birthright citizenship for U.S.-born children of illegal immigrants .

I remember a time and it wasn’t long ago, mid 1990’s where Democrats and Republicans agreed that there is an illegal alien problem, we needed to secure the borders etc.

Today the Democrats mandate is lets let everyone who will vote Democrat in and worry about the consequences later.

They are more concerned with keeping power and secure their financial future vs actually caring about the American people.

I actually hate when I hear Federal politicians say " I work for the American people, or what matters is what is good for the American people"

As if they give a shit about the American people.

1 Like

That’s absolutely right. It was part of a package of punishment. The civil war had a much more profound impact on this country than many realize.

1 Like

This issue demonstrates just how little our representatives actually represent the legal residents of this country.

2 Likes

I have to wonder, what caused the great divide in our country that led us to where we are today.

Certainly, most politicians are enamored with their power; that has not changed since the beginning of time.

Democrats used to have more common sense, used to care about Americans. The divide wasn’t so great as to shut down government, cancel SOTU.

It seems to me as though when Obama was elected far left nutbags came out of the woodwork in full force. For the first time, they had forward momentum. They had momentum on global warming, single payer health insurance, universalism to name a few.

When Trump was elected, much to their dismay, it is as though they suddenly realized that the majority isn’t with their agenda, rather the majority is opposed to it.

Yet, in spite of all that is positive since Trump was elected, mostly economic and employment, it would seem the social agenda is more important than the prosperity that can actually fund social agendas.

I’m not sure I completely understand how the democrats became what they are today. I only see love of globalism, social agendas and policies designed to destroy the core of America and American’s with it.

what caused the great divide in my opinion, the election of Bill Clinton, a southern democrat defeating the mighty George H.W.Bush and because of that the Republicans were ruthless when it came to Bill Clinton, they dug up every thing on this guy.

I truly believe that if Ross Perot had not entered the race, I think George H.W.Bush would have beaten Clinton.

And the Democrats tried to go after Bush 43, Gore won the popular vote but Bush 43 won the electoral ( sounds familiar) the Democrats tried everything to discredit Bush 43 but luckily Bush 43 wasn’t a womanizer or a douchebag, plus America was sick of Clinton’s scandal after scandal but kind of forgave him because the economy was good

After Bush 43 messed things up , the Democrats pushed for Obama and the “hope and change” bullshit, which was bull shit and we know the rest.

Identity politics formed under Clinton, grew a bit under Bush 43, flourished under Obama and Trump and now it might be the new norm.

Being in Congress is about power, with power comes money, look how rich Pelosi got, even the socialist Bernie Sanders and his 3 houses, the next one to cash in ? Little Chucky schumer

They saw the possibilities, Obama gave those extremist hope.

It angered em…not so much that Trump won but towards ignorant Americans that voted for him.

You see it isn’t Trump they’e pissed about. It’s those that supported Trump. And thus why we see attacks on ordinary Americans. Like that kid standing up to drum beat.

That hatred we see on display is real.

We on other hand hate their policies of radical left. They just hate us for existing.

So, to summarize:

The end of civility between the two parties was a result of how the Republicans treated Clinton.

To add insult to injury, Gore had the popular vote and democrats became further enraged when Bush won the electoral. (yes, history repeats itself).

Obama was elected via backlash. His course for the country was rejected when Hillary lost. Adding further insult to an injury not yet forgotten.

So, the course of our country is being led by past resentments on the part of democrats who still do not feel vindicated for what they perceive as past wrongs (while disregarding their own) as well as the will of the American people.

1 Like

The new breeds of politicians have long memories.

The republicans hammered Hillary, they also went after Obama but did it sneakinely so, as they didnt want to come across as racists, they wanted to defeat Hillary badly.

now the Democrats are returning the favor by hammering Trump, and mark my words the next election in 2020 is going to be nastier.

Every Democrat candidate they throw out there will be scrutinized, sauteed, barbecued, grilled and cooked.

They will bring up every thing they did from Kindergarten and picking their nose to if they said , wrote, subscribe to penthouse or playboy/girl to every relationship, FWB’s and any secrets they wish to hide.

Look at what they are digging up on AOC, they’ve found out she wrote a paper in college supporting Adam Smith and look at her politics now? the right is trying to discredit her with the papers she wrote supporting Adam Smith.

That is a no no to the left.

1 Like

So, to summarize further:

The American people are suffering the consequences of a grudge match.

1 Like

yeppers, history is repeating itself
They did that in the 1800’s and then it was peaceful until the 1990’s

1 Like

History always repeats itself… ad nauseum.

One can be a scholar of it or arrogant enough to believe “this time is (d)ifferent”.

What caused the great divide was the polar opposite philosophies of state vs. central government rule.

The civil war gave them the excuse to destroy the states.

This battle is nothing new.

1 Like