Repealing the 14th Amendment

The call to repeal the 14th Amendment raises several issues. This is not only the amendment which defines who is a US citizen. It ties the state governments to the US Bill of Rights and the US Constitution and grants US citizens equal protection. With only the call to repeal and not to replace this amendment, where does that leave us?

Without the 14th Amendment, who is determined to be a US citizen and how is that determination going to be made? Under the 14th Amendment, any child born in on US soil is a natural born US citizen. Once that is removed, who and what determines our citizenship? This does not effect only children of immigrants, but all of current citizens of the US. Does this leave open the possibility of negating US citizenship and transferring it to State citizenship? Would the determination be made upon state citizenship being the basis for US citizenship? Should states be able to determine who is eligible for citizenship and who is not? If so, then citizenship may be determined upon gender, race, religious beliefs, or political affiliation.

Without the 14th Amendment, state laws do not need to obey federal laws, for the US Constitution would no longer supersede state’s law. Each state will then be empowered to write laws, without needing to be consistent among the fifty states, without having to adhere to federal law. It would negate the legitimacy and effectiveness of the federal government. The Bill of Rights would be negated, thus freedom of speech, freedom to possess arms, and permits in peacetime the quartering of soldiers in private homes without the owner’s consent, among other rights.

Without the 14th Amendment, due process will be negated. Anyone can be detained for any length of time for any reason, without the needs of courts. Not every state would be compelled to hold trials or adhere to due process. Those determined by the state as being criminals will have no protection from cruel and unusual punishments.

Without the 14th Amendment, would negate the legitimacy of all US public debt legislated by the Congress. Each state would then be on their own to maintain the needs of their residents. Each state would be required to be self sufficient in commerce, production, infrastructure, education, and financing. Inter commerce trade would prohibitive for each state would then be permitted to write individual tariff laws.

Without the 14th amendment, slavery would no longer be abolished in every state. With civil liberties being curtailed, each state will adopt slavery laws. As the states will then be able to determine who is and who is not a citizen, certain residents of each state will find themselves without rights. And without rights, these residents will find themselves exploited into slavery. For what is to prevent infringements upon resident’s rights?

But what is most absurd about this argument is the platform of the those who calling to repeal the 14th Amendment, while boasting their devotion to the US Constitution. After all, how can they be in support of the constitution while wanting to change it? Are they merely picking and choosing which articles of the US Constitution they wish to believe in? And if so, is this not consistent with their calling to repeal the 14th Amendment, allowing each state to write their own constitution, picking and choosing who will be determined to be citizens?

-Silence Dogood