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What if the 14th Amendment had been phrased differently?

Kal'Stang

Kal'Stang

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The reason that the 14th Amendment was written was due to the Civil War and the emancipation of blacks from slavery. It's sole purpose was to make sure that blacks that were once slaves would be considered as citizens and treated as such regardless of what State they lived in. This was done by taking away each States ability to interfere with citizens Rights. Or as the 14th puts it "privileges or immunities".

But what would have happened if they had phrased it differently? For instance what if instead it had said something along the lines of "All people of color will be considered as full citizens with all the Rights and Privileges that all other Humans have".

Would would the US look like now?

Well, for one the Rights in the BoR's would no longer be a restriction on State governments. They would still be solely restrictions from the Federal Government. For instance, the separation of church and state clause in the 1st Amendment would only be a restriction against Congress. Meaning that States would still be able to have State Sponsored Religions. Another example that could be used is that the 2nd Amendment would be able to be restricted far more in states like California while other states might not have ANY restrictions what so ever.

The question that I am going to put forth is thus: What other ways do you think that America would be different if the 14th Amendment had been phrased differently as outlined in this post?
 
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They would have gotten their 40 acres and a mule
 
Kal'Stang said:
Would would the US look like now?

Well, for one the Rights in the BoR's would no longer be a restriction on State governments. They would still be solely restrictions from the Federal Government. For instance, the separation of church and state clause in the 1st Amendment would only be a restriction against Congress. Meaning that States would still be able to have State Sponsored Religions. Another example that could be used is that the 2nd Amendment would be able to be restricted far more in states like California while other states might not have ANY restrictions what so ever.

The question that I am going to put forth is thus: What other ways do you think that America would be different if the 14th Amendment had been phrased differently as outlined in this post?
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What you describe above is essentially the difference between a nation governed by the rule of law as established by the Articles rather than by the Constitution.
 
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Kal'Stang said:
The reason that the 14th Amendment was written was due to the Civil War and the emancipation of blacks from slavery. It's sole purpose was to make sure that blacks that were once slaves would be considered as citizens and treated as such regardless of what State they lived in. This was done by taking away each States ability to interfere with citizens Rights. Or as the 14th puts it "privileges or immunities".

But what would have happened if they had phrased it differently? For instance what if instead it had said something along the lines of "All people of color will be considered as full citizens with all the Rights and Privileges that all other Humans have".

Would would the US look like now?

Well, for one the Rights in the BoR's would no longer be a restriction on State governments. They would still be solely restrictions from the Federal Government. For instance, the separation of church and state clause in the 1st Amendment would only be a restriction against Congress. Meaning that States would still be able to have State Sponsored Religions. Another example that could be used is that the 2nd Amendment would be able to be restricted far more in states like California while other states might not have ANY restrictions what so ever.

The question that I am going to put forth is thus: What other ways do you think that America would be different if the 14th Amendment had been phrased differently as outlined in this post?
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i have a small problem with the first part

the 14th made slaves [c]itizens or subjects of the federal government.

[C]itizens] of the u.s. in the original constitution are state Citizens and not federal subjects per a USC, [C]itizens of the u.s. cannot be regulated by the us. federal government at that time, as stated by the USSC of 1873 in the slaughterhouse case.

states cannot deny [c]itizens their privileges, which are created by government, or immunities, they cannot hold 1 person for say a crime, while letting another go for committing the same crime.
 
I believe the better question would be "What other ways do you think that America would be different if the 14th Amendment had been interpreted as intended, and the plain language, by the 39th Congress instead of the statist interpretation of twentieth century Supreme Courts"?
 
Tennyson said:
I believe the better question would be "What other ways do you think that America would be different if the 14th Amendment had been interpreted as intended, and the plain language, by the 39th Congress instead of the statist interpretation of twentieth century Supreme Courts"?
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Indeed. There may not be people rallying everywhere then for equal rights.
 
sandpepper said:
Indeed. There may not be people rallying everywhere then for equal rights.
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Equal rights is a twentieth century century Supreme Court creation. Equal protection of the law, which regarded judicial proceedings, is the intent of the Fourteenth Amendment.
 
Kal'Stang said:
But what would have happened if they had phrased it differently? For instance what if instead it had said something along the lines of "All people of color will be considered as full citizens with all the Rights and Privileges that all other Humans have".

Would would the US look like now?
Click to expand...

Not that many people know, that Native Americans did not get the right to vote until the 1920's because we thought of them living within there nation. Most people they have a different color too. Second, talking about people of there color of their skin is only a ethical debate within the United States of America. The history of the United Kingdom never was debated with Scotland and England being who is more white then the other.
 
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