Friday, January 24, 2025

Understanding

 For years now I've listened to those explaining why the constitution needs to be updated, revised and revisited. The main reason being those old people back in the old days couldn't have foreseen any of what is taking place today. Take the second amendment as an example, they couldn't have imagined a scary black rifle that fired bullets in rapid succession. If they could have they surely would have prevented citizens from owning anything like that, only the government could own them! All these lives would have been saved. Also how could those people have known that it wasn't a baby in that woman's belly, it was just a zygote, a clump of cells, and has a right to life. That only applies to people already born. The constitution says, everyone has a right to life, it doesn't say anything about a zygote.
 And now the 14th amendment is being misunderstood as well. If I sneak into your house, set up living in your backyard, I'm a resident! I'm residing in your yard. And the 14th amendment says birthright citizenship applies to those born and residing in America. I could have you arrested for trespassing though, and you receive the full protection of the law under the constitution. 
 Now that amendment shouldn't be changed in any way shape or form. Sure, in the past it was amended to say that black people weren't 3/5 of a person but counted as one whole person, but there were laws following that opinion to keep all that in check, for a while anyway. It was the same group, the democrats, that were upset by all of that. About 87% of the republicans voted in favor of the civil rights act of 1964 and about 64% of the democrats. That act enforced the equal protection under the law guaranteed by the 14th amendment. 
 Very upsetting stuff indeed. But I'm hearing today that the whole thing has been settled, the final meaning and intent of the 14th amendment has been established and should never be questioned again! In fact, I keep hearing that it would take an act of congress to change that! That is incorrect, you missed that question on the civics exam. The supreme court of the United States may issue an opinion on that. Precedent was established in 1898 in the case of United States vs Wong Kim Ark. That was 127 years ago, surely those old people couldn't have known what was going to happen today. 
 So what did they say back then? Citizenship was granted to a child born on American soil if their parents are immigrants, regardless of their immigration status. Well, if you are crossing the border illegally is that immigrating? No, that is criminal trespassing. If I sneak into your house does that make me a resident of your house. No, I'm just a trespasser. I'm an illegal. I'm not an immigrant. If I drive a car without a license I'm not an undocumented driver, I'm driving illegally. That's how it works. The legal definition of an immigrant is: "a foreign born person legally admitted to the United States." Crossing the border without authority is not legal. Those people aren't immigrants and neither is that child born in the United States. 
 Now I agree that there are many things the founding fathers could not have foreseen. I'm certain they would be amazed that the President had to actually say, there are only two genders. Incredulous to them would be the concept of a marriage between people of the same sex. And that is only two examples, there are many more. I'm certain they couldn't imagine anyone having to appear before the supreme court because they refused to bake a cake! I'm just as certain those founding fathers and the members of the court in 1898 understood exactly what an immigrant was. They understood the legality of that. It isn't a simple declaration but legal documents are required to establish that. Just as I'm not legally married without the paperwork to prove it! I'm quite certain the court will review all of this and overturn precedent, it won't be the first time. It is what the court does, reach an understanding. 

                                                                   
This is what that word means. 

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