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Jim Desmond Law Office,PLLC

Mr. Trump’s argument on the 14th Amendment misconstrues the U.S. Constitution.

I have been practicing personal injury law for over 20 years and in that time; I have found that I like to keep to my niche, i.e.. car wrecks as much as possible.   I have tried to direct my blog to you, the consumer, and what information you may need in regard to the handling of a personal injury claim.  However, after debating whether to comment for several days, I feel compelled to comment on Donald Trump’s argument about the 14th Amendment of the United States Constitution.

Mr. Trump is referring to the Citizenship Clause which states: “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.”  In 1868, the Fourteenth Amendment was ratified and made part of the U.S. Constitution.

What bothers me is that a political candidate is suggesting modifying part of the U.S. Constitution that has existed for 147 years by seeking to declare it unconstitutional.  The U.S. Constitution can be amended if two-thirds of the U.S. Congress approve the Amendment by a joint resolution and three-fourths of the states ratify this Amendment.  As I understand, thousands of amendments have been proposed but only 33 have actually been enacted.   However, instead of reaching across political lines and obtain a majority support from both parties, he is stating that he and his lawyers believe the U.S. Supreme Court would find the Citizenship Clause unconstitutional.

Am I conservative? Yes! Conservative in the sense that I believe in the U.S. Constitution establishes our freedoms and that any changes to that Constitution should be strictly construed.  I believe that one little document was established 228 years ago in such a manner that all citizens of the United States of America are guaranteed the right to  “life, liberty and the pursuit of happiness” and that any changes to that document, should be strictly scrutinized.

Very simply, the men and women of our military lay down their lives every day for the principles contained in the U.S. Constitution; the primary principle being that we, as citizens of the United States, have the right to live our own lives with minimal interference by governmental authorities. The Bill of Rights, our legal system,  our judicial system and both our State and Federal government are controlled by these very same principles.  I am skeptical of anyone who wishes to alter the U.S. Constitution for political gain because I hold that document sacred as it why I live in the U.S. rather than some other nation.

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