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Old Fri Nov 17, 2006, 09:22pm
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Quote:
Originally Posted by Dakota
I get your point, and in general agree with it. But note the use in part of "any person". "Any person" is provided due process and equal protection of the law. However, only citizens are provided the privileges and immunities of citizens. That topic is larger than just the 14th amendment.
Oh, I noticed the term "any person", but I also noticed the word, "deprive". That doesn't mean "provide". It doesn't mean that "any person" has the "right" to these in the US, it just states that no state shall deprive any person of life, liberty or property. Enforcing the law whether immigration, criminal or civil is not depriving "any person" of anything other than what they have obtained outside the parameters of the law.

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Old Fri Nov 17, 2006, 09:46pm
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Originally Posted by IRISHMAFIA
Enforcing the law whether immigration, criminal or civil is not depriving "any person" of anything other than what they have obtained outside the parameters of the law...
Depriving a person of life, liberty, or property is precisely enforcing the law. Depriving of life - capital punishment. Depriving of liberty - a prison sentence. Depriving of property - a fine.

I still agree with your broader point.
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Old Fri Nov 17, 2006, 11:55pm
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Quote:
Originally Posted by Dakota
Depriving a person of life, liberty, or property is precisely enforcing the law. Depriving of life - capital punishment. Depriving of liberty - a prison sentence. Depriving of property - a fine.
I don't believe that is to what the amendment refers. I believe it applies to the abolition of slavery, and forbidding a state to pass any laws to the contrary.
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Old Sat Nov 18, 2006, 07:58am
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Quote:
Originally Posted by IRISHMAFIA
I don't believe that is to what the amendment refers. I believe it applies to the abolition of slavery, and forbidding a state to pass any laws to the contrary.
Don't ignore "without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"; passing laws that include due process is ok as long as all persons have equal protection. That's what allows anti-discrimination laws, but not arbitrary government/court rulings to be applied unequally.
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Old Sat Nov 18, 2006, 09:52am
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Quote:
Originally Posted by IRISHMAFIA
I don't believe that is to what the amendment refers. I believe it applies to the abolition of slavery, and forbidding a state to pass any laws to the contrary.
You are correct that was the purpose of the 14th amendment, but exactly the same language appears in the 5th amendment.
Quote:
Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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