April 9, 2017

What Is The Constitutional Core?

Yesterday The New York Times ran an editorial entitled "President Trump, Please Read the Constitution." The editorial listed diverse allegations of unconstitutional acquit past times the President, as well as and thus stated: "But his nearly frequent target is the Bill of Rights, which protects Americans against the federal authorities and, through the 14th Amendment, against the states." With a book coming out presently on the Bill of Rights (Amazon has added the "Look Inside" feature, thus you lot tin plough over the axe encounter more), I heartily endorse the editorial's sentiments.

What I establish interesting, though, is that side past times side to the editorial the Times chose to reprint the entire Bill of Rights along alongside the Reconstruction Amendments. This gets at ane of the fundamental questions posed past times my book, which is why produce nosotros telephone hollo upwardly the commencement 10 amendments as well as alone the commencement 10 amendments the Bill of Rights? As the mass explains, at that topographic point were jurists as well as elected officials who said inwards the past times that the Fourteenth Amendment was purpose of the Bill of Rights, inwards purpose to emphasize the importance of that text. Likewise, many nation bills of rights include the Thirteenth Amendment equally purpose of what they encounter equally fundamental. At the national level, though, nosotros don't mean value of the Thirteenth Amendment thus much. And the correct to vote, which sure outranks many of the guarantees inwards the commencement educate of amendments, is definitely non considered purpose of the Bill of Rights. This matters. Consider how the Supreme Court mightiness see the pending instance on partisan gerrymandering differently if the correct to vote was typically referred to equally purpose of the Bill of rights.

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