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- From: rj24@cunixb.cc.columbia.edu (Robert Johnston)
- Newsgroups: alt.fan.rush-limbaugh
- Subject: Re: What is the 14th Amendment?
- Message-ID: <1993Jan6.174527.29129@news.columbia.edu>
- Date: 6 Jan 93 17:45:27 GMT
- References: <93006.28932.J056600@LMSC5.IS.LMSC.LOCKHEED.COM>
- Sender: usenet@news.columbia.edu (The Network News)
- Reply-To: rj24@cunixb.cc.columbia.edu (Robert Johnston)
- Organization: Columbia University
- Lines: 51
- Nntp-Posting-Host: cunixb.cc.columbia.edu
-
- In article <93006.28932.J056600@LMSC5.IS.LMSC.LOCKHEED.COM> J056600@LMSC5.IS.LMSC.LOCKHEED.COM writes:
- >
- > I've seen too many people here who claim to understand the Constitution
- >also state that Colorado's Amendment 2 violates the 14th Amendment to the U.S.
- >Constitution. Well, it doesn't.
- > Back in the Civil War era (Civil War? There's an oxymoron), rights were
- >being systematically denied to blacks by state and local governments. The
- >Bill of Rights guaranteed that the *federal* government (Congress, actually)
- >could not deny the protections of the Bill of Rights to anyone. That still
- >left that ability to the state and local governments. The 14th Amendment was
- >created primarily to keep the Bill of Rights binding at state and local levels
- >of government. It did not--and still does not--apply to private entities. The
- >14th Amendment is *only* binding on state and local governments. Read the text
- >of it again. It does NOT address private discrimination at all.
- > That doesn't mean that private discrimination is a good thing. In fact, the
- >Civil Rights Acts of 1964 and 1991 would be a redundant waste of time if the
- >14th Amendment covered private discrimination. But in no way can it be said
- >that the Constitution provides protection against discrimination by non-
- >governmental entities.
- > You can say that CO 2 violates the Civil Rights Act of 1964 (though I don't
- >think that sexual orientation is covered by it), but certainly not the 14th
- >Amendment. If you re-read the Bill of Rights and the other amendments, you
- >will see that the Constitution was written to limit the powers of the *federal
- >government* only--with later amendments (such as the 14th) which also force
- >state and local *governments* into compliance. There is nothing--repeat,
- >NOTHING--in the Bill of Rights or subsequent amendments about limiting the
- >powers of *private* businesses or *private* citizens.
- > Perhaps allowing discrimination against gays is wrong, but it isn't a
- >Constitutional question. It will take either a Constitutional amendment or a
- >law passed by Congress which is found to be constitutional to legally prevent
- >it. Sorry, folks. That's just the way it is. Try to change it if you don't
- >like it.
- >
- >
-
- Let me read the 14th again
-
- " Nor shall any state deprive any person of life,liberty, or property,
- witout due process of law,"
-
- You are right so far, BUT there is more:
-
- "nor deny to any person within its juristiction the equal protection
- of the laws.
-
- The colorado amendment directly contradicts this clause, as it prohibits
- equal protection.
-
- Literacy is a wonderful thing. Try it sometime.
-
- Robert Johnston
-