politicallefty
Junior Chimp
Posts: 8,243
Political Matrix E: -3.87, S: -9.22
|
|
« on: April 02, 2021, 06:19:32 AM » |
|
I don't agree with those that argue original intent in terms of the Fourteenth Amendment. I don't even think most Originalists argue for original intent. I don't consider original intent when looking at the Constitution. I view textualism as paramount.
The Equal Protection Clause is both broad and powerful in its protection of rights and liberties. The Founders could never have conceived of what happened during the Civil War and what transpired after. With that said, the Fifteenth Amendment does consider race in the text. I strongly object to those that say the Fourteenth only apples to race. If it did, it would say so.
That's partly why I view Obergefell v. Hodges as one of the most important cases with respect to the Fourteenth Amendment. There are those that argue that it leads to something else. I do not agree.
|