The 14th Amendment

[no_hypocrisy]

With regard to the recent discussions, I'm looking for clarification of the issues.

Does DT propose a court challenge to one provision within the Fourteenth Amendment or repeal of the entire Amendment?

If the latter, wouldn't the other provisions be repealed such as equal protection of the laws, due process, and the application of the Bill of Rights to the states?

And if the Fourteenth Amendment were repealed what would happen to the prior court cases? Would they be rendered null and void? Such as Brown v. Board of Education?

[struggle4progress]

1. Trump is babbling for attention: don't try to make good sense of what he says

[Android3.14]

2. What would happen? Lots of litigation

Those questions would go through the spanking machine.

[pampango]

3. The 18th Amendment (Prohibition) had to be reversed by the 21st Amendment

not by lawsuits or a partial repeal. But if the right thinks they have another winning distraction-causing tactic, they might well go for a partial repeal.

Imagine all the "serious thinkers" discussing the constitutionality of partial repeal. The extended discussion would give the anti-immigrant movement some 'gravitas' that cannot be found now of Donald, tea partiers and the remnants of the John Birch Society.

[cascadiance]

4. If the 14th amendment could be repealed without a constitutional amendment somehow...

... then I think the corporate owned politicians, lobbyists, and the supreme court, would all probably stand against it, as then they would just as likely be faced with a lot of legislation like Citizen's United, that relies on the activist "stare decisis" notion that corporations are persons and have fundamental rights that is derived from that one paragraph in the 14th amendment also being in legal jeopardy. If that paragraph is held to no longer be legally applicable, then decisions like Citizen's United could also be overturned in courts without a constitutional amendment as well, making their lives difficult.

Read more here to see how the 14th amendment language, even though not its intent, was used to fuel "corporate personhood" court decisions.

http://www.crisismagazine.com/2012/corporate-personhood-and-14th-amendment-rights