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Questions tagged [fourteenth-amendment]

Use this tag when asking about questions that arise directly from, or pertain to, the 14th amendment of the United States constitution. The fourteenth amendment is known for both its equal protection clause and application in numerous Supreme Court cases.

12 votes
2 answers
2k views

What sources imply that the office of President was deliberately excluded from the 14th amendment?

The Fourteenth Amendment, as passed by Congress and ratified by the states says: No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any ...
Bobson's user avatar
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4 votes
1 answer
810 views

What's going on with the effort to disqualify Trump in 2023 under the Constitution, Article 14, Clause 3

Question: What's going on with the effort to disqualify Trump for 2024 under the Constitution. To recap: Two legal scholars from the very influential right wing Federalist Society came out with a 128 ...
user avatar
18 votes
2 answers
7k views

What is the theory behind using the 14th Amendment to ignore the debt ceiling?

President Biden raised a few eyebrows in that he's said he isn't ready to invoke the 14th Amendment and ignore the debt ceiling... yet. From Reuters President Joe Biden said on Friday he was not yet ...
Machavity's user avatar
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12 votes
2 answers
2k views

What happens if a US president is found to have engaged in insurrection after taking office?

The January 6 Committee's investigation has resulted in them referring former president Donald Trump to the Department of Justice on multiple charges. This referral is not legally binding and the DoJ ...
Barmar's user avatar
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11 votes
2 answers
3k views

Georgia Secretary of State's power to enforce the 14th amendment of the US constitution re. deny Marjorie Taylor Green's right to run for re-election?

In CNN's Attorney grills Marjorie Taylor Greene about her false stolen election remarks at about 03:35 reporter Amara Walker says: Now the judge is expected to make a decision early next month on ...
uhoh's user avatar
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3 votes
1 answer
494 views

Is freedom of the press covered under the 14th Amendment to the U.S. Constitution?

The First Amendment reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the ...
Burt_Harris's user avatar
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1 vote
4 answers
388 views

How is Congress' enforcement of Amendment 14 Section 3 of the Constitution not a Bill of Attainder?

Background According to this answer of Who enforces the insurrection rules in the 14th Amendment, section 3?, congress enforces Section 3 of the amendment just as it enforces all other sections of the ...
isakbob's user avatar
  • 5,507
18 votes
3 answers
3k views

Who enforces the insurrection rules in the 14th Amendment, section 3?

The 14th amendment says: No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or ...
Atomic Tripod's user avatar
35 votes
5 answers
14k views

Why are separate bathrooms for men and women not in violation of the rejection of "separate but equal"?

Other than the fact that nobody has challenged it in the Supreme Court, how are separate bathrooms for men and women not in violation of the rejection of "separate but equal"? We conclude that, in ...
Clint Eastwood's user avatar
11 votes
4 answers
3k views

Doesn't the 14th Amendment guarantee that anyone can run for president? Not just natural born citizens?

If, as the 14th Amendment states, any naturalized citizen is afforded all the same privileges and protections of the law as a natural born citizen, then doesn't this mean any citizen can run for ...
Concerned Citizen's user avatar
4 votes
2 answers
530 views

Is it necessary to allow preferential treatment based upon race in order to ensure equal protection under the 14th Amendment?

Michigan Civil Rights Initiative (MCRI), or Proposal 2 (Michigan 06-2) was passed into Michigan Constitutional law by a 58% to 42% margin on November 7, 2006. The constitutional amendment outlawed ...
user1873's user avatar
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14 votes
2 answers
16k views

Are persons born in U.S. embassies U.S. citizens, if their parents are not citizens?

The Fourteenth Amendment provides that children born in the United States become American citizens regardless of the citizenship of their parents. Section 1. All persons born or naturalized in the ...
user1873's user avatar
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3 votes
5 answers
455 views

Is requiring removal of face coverings a violation of a persons civil rights?

After the attacks on 911, proper identification became important especially when boarding a plane or using other mass transit. Unfortunately, it is very difficult to identify someone whose face is ...
user1873's user avatar
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