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Updating the fourteenth amendment
A fair inference, Mc Connell concludes, is that the Amendment was understood to encompass the broad range of civil rights and immunities that was entailed by the draft of the 1866 Act. Thus, he maintains, Bergers claim that the Amendment was understood by its framers and ratifiers to go no further than the act in protecting civil rights is false to the historical data.
Huckabee told radio host Michael Medved that the Supreme Court's 1857 Dred Scott v.
Sandford decision, which denied citizenship to black Americans, is still the "law of the land" — in an attempt to show that it's okay for people to ignore Supreme Court rulings (particularly the June marriage equality decision) that they disagree with.
, sounded an alarm about the extent of the judiciarys encroachments on democratic legislative authority.
Under the pretext of giving force to Fourteenth Amendment guarantees of due process and equal protection, Berger argued, the courts have in effect rewritten the Constitution to make it conform in key respects to the judges own favored moral and political notions.
A correct decision, Berger maintains, would have upheld as constitutionally permissible a racist policy that he himself joins supporters of the decision in condemning from the moral point of view.
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Unconstitutional government by judiciary is a bad thing, he insists, even in a good cause Ironically, in rejecting the idea that the outcome in can be squared with the original understanding of the Fourteenth Amendment, Berger, the great critic of judicial usurpation, finds himself in the company of Ronald Dworkin, Laurence Tribe, and other prominent liberal supporters of expansive judicial power.Huckabee asked, "When you say the federal government recognizes [same-sex marriage], what statute under which do they recognize it?" There's a lot of philosophical debate about marriage equality and Davis's refusal to issue marriage licenses to same-sex couples.It also speaks to Huckabee's misunderstanding of why the Supreme Court legalized same-sex marriages and why and how Davis — whom Huckabee is now publicly defending and leading rallies for — was jailed after she refused to issue marriage licenses.The 14th Amendment established that no group should be denied equal rights or due process protections under the law.So when it comes to marriage, courts have found a fundamental right to marry, and same-sex couples can't be denied the same protections and rights guaranteed under federal and state marriage laws to other groups.This is the very foundation for the Supreme Court rulings that deemed federal and state bans on same-sex marriages to be unconstitutional."Michael, the Dred Scott decision of 1857 still remains to this day the law of the land, which says that black people aren't fully human," he said."Does anybody still follow the Dred Scott Supreme Court decision? One of the main points of the 14th Amendment was to overturn the Dred Scott decision.The pleasure is increased by Bergers updating of his argument in supplementary textual notes and new footnotes, many of which offer careful yet characteristically spirited responses to the voluminous criticism he has received since was incorrectly decided because the framers of the Fourteenth Amendment did not intend its equal protection clause to require racial integration of the public schools.According to Berger, the sole purpose of the Fourteenth Amendment, which was ratified in 1868, was to reinforce the federal Civil Rights Act of 1866 and protect it against repeal by a future Congress. Indeed, Berger argues that racial integration of the sort eventually mandated by the Supreme Court in decision, then, was wrong, according to Berger, not merely in its reliance on questionable psychological and social scientific evidence and methodologies, as many critics have alleged, but in its outcome.