The judge’s opinion defies the very wording of the 14[SUP]th[/SUP]Amendment which confirms “privileges” created by a state are reserved for citizens of the United States!
The 14th Amendment declares in crystal clear language:
***”All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
***[FONT=Calibri][SIZE=3][COLOR=#000000]As we can see from the language of the 14th Amendment it:
- Makes ”All persons born or naturalized in the United States, and subject to the jurisdiction thereof” … citizens of the United States and of the State wherein they reside.”
The amendment then goes on to declare:
- “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This wording forbids every State from abridging a United States citizen’s “privileges or immunities” which a State has adopted under law. Note that the wording does not forbid a State to deny “privileges or immunities” to “persons” who may not be “citizens of the United States”! Nor does the wording declare what “privileges or immunities” a state may or may not adopt.
In fact, the legislative intent of the 14th Amendment as stated by one of its ardent supporters is as follows.
***“Its whole effect is not to confer or regulate rights,but to require that whatever of these enumerated rights and obligations are imposed by State laws shall be for and upon all citizens alike without distinctions based on race or former condition of slavery…It permits the States to say that the wife may not testify, sue or contract. It makes no law as to this. Its whole effect is to require that whatever rights as to each of the enumerated civil (not political) matters the States may confer upon one race or color of the citizens shall be held by all races in equality…It does not prohibit you from discriminating between citizens of the same race, or of different races, as to what their rights to testify, to inherit &c. shall be. But if you do discriminate, it must not be on account of race, color or former conditions of slavery. That is all. If you permit a white man who is an infidel to testify, so you must a colored infidel. Self-evidently this is the whole effect of this first section. It secures-not to all citizens, but to all races as races who are citizens- equality of protection in those enumerated civil rights which the States may deem proper to confer upon any race.”***___ SEE: Representative Shellabarger, Cong. Globe, 1866, page 1293
[/COLOR][/SIZE][/FONT]The judge needs to be impeached for trying to impose his personal sense of fairness, reasonableness, or justice as the law of the land.
"The public welfare demands that constitutional cases must be decided according to the terms of theConstitution itself, and not according to judges’ views of fairness,reasonableness, or justice." – Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968