View Poll Results: Which Constitutional Amendments, if any, should be repealed?

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Thread: Which Constitutional Amendments, if any, should be repealed?

  1. #81
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    Re: Which Constitutional Amendments, if any, should be repealed?

    Quote Originally Posted by radcen View Post
    I would favor an amendment that stipulates that for a person to be a citizen that one of their biological parents must already be a citizen.
    Sure, under the condition that it is applied retroactively through your ancestors. If one of them wasn't a citizen, you're out.
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  2. #82
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    Re: Which Constitutional Amendments, if any, should be repealed?

    Quote Originally Posted by jamesrage View Post
    The "and subject to the jurisdiction thereof" is the important part.Because if it was meant for anyone born on US soil then that part would not be necessary.The Indian Citizenship Act of 1924 and the part in the part Nationality Act of 1940 that allows those born in US territories would have never been created if section 1 of the 14th amendment meant anyone born on US soil.
    Since unincorporated territories, such as the Philippines, Puerto Rico, Guam, etc, were not considered to be part of the United States, as it was considered that the Constitution did not apply, children born there were not born U.S. citizens, unlike the incorporated territories of Alaska, Hawaii, or Oklahoma. Since the reservations were considered sovreign to the tribe, they were not under the jurisdiction of the U.S. None of those now apply, except for American Samoa, whose residents are U.S. Nationals, but not citizens.

    Otherwise, "not subject to its jurisdiction" only applies to children of diplomats.
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  3. #83
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    Re: Which Constitutional Amendments, if any, should be repealed?

    Quote Originally Posted by pinqy View Post
    Otherwise, "not subject to its jurisdiction" only applies to children of diplomats.
    I wish I could disagree with that.

  4. #84
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    Re: Which Constitutional Amendments, if any, should be repealed?

    Several need amended and more need added, but the ones that need repealed are as follows:

    16th - A century of history has proven why the federal government cannot be trusted to use a tax on incomes strictly for the purpose of revenue creation.

    17th - Undermining of state sovereignty in contradiction to the expressed wishes of the delegates to the Constitutional Convention and the states they represented

    23rd - I am assuming the rationale behind giving the District of Columbia electoral votes was the presumed difficulty in long-distance voting for DC's professional political class, a difficult which no longer exists and should never have justified the handing of electoral votes to a non-state entity in the first place.

    26th - Children are less mature today at 18 than they were when this passed (much less a century earlier). I know very few 18-20 year olds whose opinions on government don't scare the bejesus out of me.

    I could also make the case for the 15th, 18th, 24th and 25th, but I'll stick with being in a minority and avoid the extreme minority for the time being.

  5. #85
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    Re: Which Constitutional Amendments, if any, should be repealed?

    Quote Originally Posted by pinqy View Post
    It wouldn't do that. The Federal Government had the power without the 16th to lay an income tax and had done so. The issue in Pollock v Farmer's Loan and Trust 158 US 601 (1895) was whether an tax on income earned from real estate, personal property, or dividends was a direct tax requiring apportionment among the states. The SCOTUS ruled that they were direct taxes, and that the whole income tax law was invalid because of the invalid parts. In response, Congress proposed the 16th ammendment to avoid the issue.

    Income taxes have never been ruled or considered unconstitutiional.
    The only question was whether some types of income were direct taxes (income on wages was not considered to be a direct tax) and therefore needed to apportioned among the staes by population.

    Repeal the 16th, and you could still tax income, and could even tax income from real estate or private property as long as it was apportioned by population.

    no.... the federal has no power to tax income before the 16th it was done during the civil war, however it was unconstitutional,and removed, in the 1890's the opinion of the court was any income tax would have to be by an amendment to be legal...... all taxes in article 1 section 8 are voluntary taxes. .......placed on the states, ...not the people.

    by government taxing our income it gives government power over you, ...something the founders did not want.

    by taxing income you remove money from the state which would have been used for commerce inside the state, providing states with more revenue, instead of redistribution by the federal government and their ability to blackmail states by telling them if they don't follow federal mandates, the states, will not get any federal tax money back.

  6. #86
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    Re: Which Constitutional Amendments, if any, should be repealed?

    Quote Originally Posted by Deuce View Post
    Sure, under the condition that it is applied retroactively through your ancestors. If one of them wasn't a citizen, you're out.
    For that to be legal, you'd have to amend the Constitution to overturn Article I, section 9, paragraph 3—a provision that is there for a very good reason.
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  7. #87
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    Re: Which Constitutional Amendments, if any, should be repealed?

    Quote Originally Posted by Hatuey View Post
    They're tied together. The same states in favor of states rights would balk at doing away with the federal government's power to levy income taxes. Who do you think benefits most from incomes taxes? Blue states generally attacked for being statists or the states rights loving red states?
    well its not the same, i was talking about the 17th in the sense of returning to a republican form of government, ...away from the evil of democracy.

    retuning to where states controlled the senate again, and provide a check on the federal government.

    income taxes deal with the people.

    the 17th is about state power in the senate......

  8. #88
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    Re: Which Constitutional Amendments, if any, should be repealed?

    None.

    Nevertheless, prohibition of violent movies would not violate the First Amendment.

    In 1870 -- 1954, in USA adult materials were illegal.
    Last edited by SCitizen; 07-01-14 at 08:56 PM.

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    Re: Which Constitutional Amendments, if any, should be repealed?

    Quote Originally Posted by SCitizen View Post
    None.

    Nevertheless, prohibition of violent movies would not violate the First Amendment.

    In 1870 -- 1954, in USA adult materials were illegal.
    Per the Supreme Court, only sexual content has been (and still can be) prohibited. There has never been a ban on non-sexual depiction of violence that has been upheld. The Supremes fairly recently overthrew California's ban on sales of violent video games to minors. (Brown vs Entertainment Merchants Association et al June 27, 2011)

    "Our cases have been clear that the obscenity exception to the First Amendment does not cover whatever a legislature finds shocking, but only depictions of “sexual conduct,”.....

    ...California’s argument would fare better if there were a longstanding tradition in this country of specially restricting children’s access to depictions of violence, but there is none. Certainly the books we give children to read—or read to them when they are younger—contain no shortage of gore. Grimm’s Fairy Tales, for example, are grim indeed.".....

    http://www.supremecourt.gov/opinions/10pdf/08-1448.pdf

  10. #90
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    Re: Which Constitutional Amendments, if any, should be repealed?

    Quote Originally Posted by Hard Truth View Post
    The Supremes fairly recently overthrew California's ban on sales of violent video games to minors. (Brown vs Entertainment Merchants Association et al June 27, 2011)
    One of the reasons USA has a very high murder and violent crime rate is celebration of violence in the movies.

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