ext_36450 ([identity profile] underlankers.livejournal.com) wrote in [community profile] talkpolitics 2010-11-26 01:45 am (UTC)

1) Yes, he would have been. Italians triggered the second major wave of nativism in the 19th Century in the 1880s as people were scared to death that the Italians would turn the USA into "Catholic despotism".

2) Indeed, slaves had never been citizens because property rights could not be preserved if the Peculiar Institution applied to US citizens.

3) This is what the intention was originally, so if we're going to apply originalism consistently then the 14th Amendment becomes problematic.

4) The Constitution is narrower than people think, to be certain, the problem is that even those protections were ignored with the full sanction of government and law for an entire century in the first place.

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