A Quote by Cass Sunstein

As a matter of history, the Fourteenth Amendment was not understood to ban segregation on the basis of race. — © Cass Sunstein
As a matter of history, the Fourteenth Amendment was not understood to ban segregation on the basis of race.
I'm not up for changing the Tenth Amendment or the Fourteenth Amendment, the First Amendment or the Second Amendment.
No Congress ever has seen fit to amend the Constitution to address any issue related to marriage. No Constitutional Amendment was needed to ban polygamy or bigamy, nor was a Constitutional Amendment needed to set a uniform age of majority to ban child marriages.
There is no question that under the Equal Rights Amendment there will be debates at times, indecision at times, litigation at times. Has anyone proposed that we rescind the First Amendment on free speech because there is too much litigation over it? Has anyone suggested the same for the Fourteenth Amendment I don't suppose there has ever been a constitutional amendment with so much litigation?
Republicans passed the Fourteenth Amendment, securing for blacks equal rights under the law, and the Fifteenth Amendment, giving blacks the right to vote, over the Democrats' opposition.
Can you tell me what's more unconstitutional than taking away from the people of America their Fifth Amendment rights, their Fourteenth Amendment rights, and the right to equal protection under the law?
The Fourteenth Amendment, after the civil war, in principle brought former slaves into the category of persons, theoretically. But if you actually look, almost all the cases brought up for personal rights under the Fourteenth Amendment were by corporations. Freed slaves couldn't do it. In fact they were pretty much driven back into something like slavery by a north - south compact, that allowed former slave states to criminalize black life, which made a criminal force that was basically used as a forced labor force, up until the 1930s.
The Thirteenth Amendment to the Constitution of the United States was enacted in 1865 by martial law. The Fourteenth Amendment was enacted in 1868 by martial law. The Fifteenth Amendment was enacted in 1870 by martial law. Military occupation of the Southern states did not end until 1877, twelve years after the end of the Civil War.
And thus goes segregation which is the most far-reaching development in the history of the Negro since the enslavement of the race.
No patent medicine was ever put to wider and more varied use than the Fourteenth Amendment.
In 2004, there were more black men disenfranchised than in 1870 - the year the 15th Amendment was ratified, prohibiting laws that deny the right to vote exclusively on the basis of race.
It has always been a sign of desperation that racial-preference supporters argue that the government can honor the constitutional mandate not to discriminate on the basis of race only by discriminating on the basis of race.
Marriage is not defined in the federal Constitution at all; it's a matter for the states. And applying the Fourteenth Amendment to the equality of men and women and their relationship in marriage is totally different than redefining marriage. Here is the overreach of the judiciary. This, if allowed to stand without any congressional approval, without any kind of enabling legislation, is what Jefferson warned us about. That's judicial tyranny.
The First Amendment and Fourteenth Amendment rights in the United States Constitution were being violated in Albany again and again - freedom of speech, freedom of assembly, the equal protection of the laws - I could count at least 30 such violations. Yet the president, sworn to uphold the Constitution, and all the agencies of the United States government at his disposal, were nowhere to be seen.
Voting rights expert and legal scholar Pam Karlan reports that as of 2004, there were more black men disenfranchised than in 1870, the year the Fifteenth Amendment was ratified prohibiting laws that deny the right to vote on the basis of race.
When the Turkish authorities gave the orders for these deportations, they were merely giving the death warrant to a whole race; they understood this well, and, in their conversations with me, they made no particular attempt to conceal the fact… I am confident that the whole history of the human race contains no such horrible episode as this. The great massacres and persecutions of the past seem almost insignificant when compared to the sufferings of the Armenian race in 1915.
I draw the line in the dust and toss the gauntlet before the feet of tyranny, and I say segregation now, segregation tomorrow, segregation forever.
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