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Fiendish Thingy

(20,216 posts)
28. Stoermer largely ignores the legal framework in favor of the political
Wed Jul 23, 2025, 04:06 PM
Jul 23

He says any precedent (past ruling) can be ignored or overturned “just like Dobbs”, but an amendment is not a precedent, it is part of the constitution, and the various past rulings and interpretation of the 14th amendment may have affected individuals’ rights and freedoms as citizens, but there has never been any question of removing/revoking/reclassifying anyone’s citizenship status so that they may be subject to forcible deportation, because that is black letter law in plain English, with not even an unwisely placed comma (as in the 2nd amendment) to create a loophole for reinterpretation.

For all the horrors of Jim Crow, I am unaware of any case seeking to revoke the citizenship of former slaves and deport them back to Africa (although there were racists who made that argument, it was never a case in the courts). Stoermer references the case of the Chinese man, which of course failed and he retained his citizenship.

Stoermer says SCOTUS will just go back to the 19th century and Article III to justify rewriting the 14th amendment; first of all, poppycock.

Secondly, such a ruling would mean that every amendment except for the original Bill of Rights is subject to reinterpretation (Stoermer implies as much); such an interpretation/ruling would open the door for future presidents to ignore all SCOTUS rulings as irrelevant nonsense. With the imperial presidency already established, who’s gonna stop them?

Lastly, Stoermer fails to convincingly describe just how the 14th would be overturned, he essentially says “they are just gonna do it” and mentions the tools they might use.

I wasn’t impressed.

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In my opinion atreides1 Jul 23 #1
It all started when in 2016 people couldn't agree Eliot Rosewater Jul 23 #2
It started far, far earlier than that LR3 Jul 23 #20
I agree but that's not what I was referring to Eliot Rosewater Jul 23 #35
Thus the Heritage Foundation... Kid Berwyn Jul 23 #3
They have been working on this since the 70s Blue Full Moon Jul 23 #36
My son says we're now The Confederacy of America. sinkingfeeling Jul 23 #4
That is what I have been thinking for a long time rurallib Jul 23 #5
And the Constitution was designed to protect the landowners and the slaveholders. GoneOffShore Jul 23 #10
The 'effin' rebs haven't beaten us yet. trump will pass... brush Jul 23 #6
I would differ with the Christian values part carpetbagger Jul 23 #7
This. Repeat as needed. Americans really don't know our own history, and the part religion has played in it... Hekate Jul 23 #13
I did put Christian values in quotes, so I am totally aware of the part that Christianity played GoneOffShore Jul 23 #15
What the fuck are we "united" under as Americans? We aren't united under jack-shit. Not even goddamn anti-"child rape"" SoFlaBro Jul 23 #8
You must be young Fiendish Thingy Jul 23 #9
Totally agree with you. And they're going to undo birthright citizenship. GoneOffShore Jul 23 #12
They will try to undo birthright citizenship, but they will fail. Nt Fiendish Thingy Jul 23 #16
Watch the video. They're going to try and may well succeed. GoneOffShore Jul 23 #17
I don't get my news from clickbait sources Fiendish Thingy Jul 23 #19
Stoermer is not 'click bait'. He's an accredited historian with a solid background. GoneOffShore Jul 23 #21
He is a content creator Fiendish Thingy Jul 23 #23
That path was opened by the last SC decision. GoneOffShore Jul 23 #27
An amendment is not a "precedent" Fiendish Thingy Jul 23 #30
Stoermer largely ignores the legal framework in favor of the political Fiendish Thingy Jul 23 #28
It's how they interepret the amendment that is the important bit. GoneOffShore Jul 23 #29
I can read plain English Fiendish Thingy Jul 23 #32
Continue believing that they won't dare. GoneOffShore Jul 23 #34
It's not a question of whether they won't dare Fiendish Thingy Jul 23 #37
We've heard talks of a 'Blue Tsunami' before, if Republicans did this or that. Haven't seen it materialize. GoneOffShore Jul 24 #38
The 1866 midterms put paid to Johnson's attempts to scupper Reconstruction. The Compromise of 1877 is what set in motion Celerity Jul 23 #26
No - they won the peace for 100 years JustAnotherGen Jul 23 #11
I wish that LBJ had done more. GoneOffShore Jul 23 #14
I'm speaking as a Black Woman born in 1973 JustAnotherGen Jul 23 #18
I don't denigrate what LBJ did. GoneOffShore Jul 23 #22
A Confederacy of Dunces maybe... Wounded Bear Jul 23 #24
Two book recommendations for you misanthrope Jul 23 #25
This isn't the Confederate States of America ITAL Jul 23 #31
Yes! SocialDemocrat61 Jul 23 #33
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