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Originally Posted by Lawdog
In a nutshell, the answer is this. My opinion about whether the 14th Amendment (or any other Amendment) was properly ratified does not matter. Nor does yours. Since it's deemed a political question, the courts won't touch it, either. If you think there's a problem with the 14th Amendment, you need to contact the President (since the Secretary of State is part of the executive branch) and your representatives in Congress and ask them to look into it.
But it's pointless to argue this in court. That's an argument you can file under L for loser.
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Awesome case, I agree in part with the court, and I believe that the question of whether or not it was ratified is political, rather than "in law"
However, the issue is that it was imposed through the Reconstruction acts, rather than ratified.
If the reconstruction acts were constitutionally repugnant martial law powers, and if such powers IMPOSED (rather than ratified) the 14th; and if such alleged "amendment" affects ones substantive rights - is that a matter of politics, without even a scintilla of it being a matter of law?
How is it a political question if ones substantive rights are affected by consitutionally repugnant martial law measures which IMPOSED the 14th?