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Position:Home>Philosophy> The 14 Amendment created [see ref.] a new being called a "citizen of the Un


Question:...this phrase mean to you, in relationship to our Federalist form of government? Answers that do not refer to Federalism will not be voted up.

Ref: The Constitution of the United States: Its Sources and Its Applications; Thomas James Norton.

Why do I ask here in philosophy?
Because Political Philosophy is ignored here, so I thought I would throw this question into the mix.


Best Answer - Chosen by Asker: ...this phrase mean to you, in relationship to our Federalist form of government? Answers that do not refer to Federalism will not be voted up.

Ref: The Constitution of the United States: Its Sources and Its Applications; Thomas James Norton.

Why do I ask here in philosophy?
Because Political Philosophy is ignored here, so I thought I would throw this question into the mix.

This was a post Civil War measure designed to accomplish several puroposes. Most of it is about money and trying to cement the Union back together again.

An important part, changing the original Constitution's 3/5 of a person for slaves, is now changed to "the whole number of persons". This concretized making people of color being fully counted for purposes of "representation", meaning redrawing maps for purposes of assigning how many Congressmen a given district was authorized.

More importantly, former slaves (property) are made FULL CITIZENS of The United States and of the State in which they reside.

But to you point, what I think your question is getting at, Federalism now is Supreme over State's Rights. Civil war's rallying cry was State's Rights. The Union, having won the war, is now telling the States that they are no longer completely Sovereign and should forever forget such dreams. "You States are now merely cells of a larger body."

This is the final Victory of Federalism. Remember, just after the Revolutionary War, a weak Federal Government was created. The Articles of Confederation was too weak. So there was much debate (hence the Federalist Papers, Thomas Paine) trying to persuade the States of the necessity of having an actual Federal Government.

After the Civil War, the victory of the Federalists was complete.

The part of the 14th Amendment which most affects us today is "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States". What this does is apply things like the Bill of Rights (first 10 Amendments) to the States.

Marbury vs Madison: "Constitutions are superior documents".

So in conclusion, 14th Amendment means that State laws must be in accordance with the Federal Constitution. They are subject to Federal review in the courts. So, for examole, if someone gets caught with a pistol in his car, this has to do with the 2nd Amendment. It is a "major Federal question" which allows that case, in theory, to go all the way to the U.S. Supreme Court. (if the State law seems to violate the 2nd Amendment)

Don't even get me started about California's gun laws. That's a whole different rant :-)

It centralized control over the corporate entities that are tied to our physical being. These "citizens" are corporations with our names as company names, and the UNITED STATES is the holding company. It allows the government to treat actual physical people as enemy combatants and deny us our rights.

It means that because I am gay, people are free to discriminate against me in this country.

It means that though I can vote, our elections are meaningless because candidates for our elections tell our electorate what they want to hear. Once they are elected, they do the bidding of the people who financed their campaigns.

It means that if I think our national mythology is nothing but a crock, then I am sure to be widely dissed.

Harleigh Kyson Jr.

It was one of the three Reconstruction laws after the Civil War, also called the war between the States.
Up until the War, people considered themselves members of the State they were from. They were first from Texas, and then from America. After the War, the 14th Amendment made every citizen of every state a Citizen of the United States, and thereby entitled to all benefits granted all citizens of the nation, not just the State. It is the amendment that eventually broke down segregation by saying a citizen in a public school, cannot be denied the same rights afforded another citizen of the United States.
So, if a school district used public funds, a child in the district had the right to go to the same school regardless of race.