Into the Night
Verified User
Teacher qualifications are set by the State, are they not? Are you suggesting that the State itself is racist?
What do Nazi and Confederate Flags have to do with ending the lockdown?
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Teacher qualifications are set by the State, are they not? Are you suggesting that the State itself is racist?
Into the Night
Verified User
Lie. What you are suggesting is changing the Constitution. No court has that authority.
Except that the Constitution doesn't say that. Only the first Amendment has such wording.
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Yes. It was state law that required racial segregation and set lower teacher qualifications and pay for the black schools.
Courts have more authority to interpret the Constitution than the states which have none.
Courts are the only ones who have the authority to interpret the Constitution.
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Into the Night
Verified User
Setting lower pay and qualifications for 'black' or any other school is unconstitutional, as defined in the 14th amendment (which does apply to the States). The law must apply equally to all. Racial segregation in schools in and of itself, however, is not addressed by the Constitution.
Into the Night
Verified User
No court has authority to interpret the Constitution at all. Only the States have that right. They are the owners of that Constitution. The courts are compelled to operate UNDER the Constitution. They have NO authority OVER it.
Into the Night
Verified User
No. No court has the authority to interpret the Constitution. Only the States have that authority. All the courts can do is interpret 'laws' passed by a legislative branch. It MUST interpret those laws to determine compatibility according to the Constitution. It has no choice in the matter. See Article III of the Constitution of the United States.
The 14th applies specifically to the states. It denies equal protection to set lower pay and qualifications for black schools but it is also unconstitutional to require segregated facilities for different races.
You are right in that school segregation is not specifically addressed in the 14th, but the equal protection clause covers any state mandated segregation.
There is no constitutional power allowing the states to interpret or change the Constitution or giving them ownership of that document.
And, they have never tried to change the Constitution without equal federal participation.
Into the Night
Verified User
No, it doesn't. It applies to the federal government as well.
Nope. It only requires that teachers be equally qualified and paid by the government. It says nothing about segregation itself. Segregation is not necessarily unequal treatment under the law.
No, it doesn't.
Like usual, you keep trying to rewrite the constitution to support your weird statements. Go read the 14th amendment again. In fact, go read the entire Constitution, since you obviously have never read the thing.
Into the Night
Verified User
The States don't need constitutional power. They own the constitution. They ordained the thing to power. They are the only ones that can interpret it, change it, or abolish it altogether. They do not need federal participation, but the States usually act through Congress, true. They do not need Congress to interpret, change, or abolish the Constitution.
The federal government has NO power or authority over the Constitution. It is created by the Constitution. It must operate UNDER the Constitution.
Not necessarily, but it was in this case. See Brown v. Board of Education of Topeka.
You try to understand the Constitution by only reading the document and leave out the many Supreme Court cases that shape the document.
I know you claim the SC cannot interpret or change the Constitution, but that ignores reality and current law. For example, denying incorporation ever occurred completely ignores generations of important interpretations of our rights. We have many rights you completely overlook.
Into the Night
Verified User
The court does not have authority to change the Constitution.
The Supreme Court cannot shape the Constitution. They do not have authority to change or interpret the Constitution.
The ONLY authoritative reference of the Constitution is the Constitution itself. It is the law. Buzzword fallacy.
Incorporation never occurred. The 14th amendment did nothing to change any of Amendments 1 to 10. Rights do not come from the Constitution. The Supreme Court does not have authority to change the Constitution.
Lie. You keep trying to place the court above the Constitution, making it an oligarchy. The United States is organized as a federated republic. It is not an oligarchy or dictatorship.
And neither do the states. States do not own the Constitution because they wrote it. When the states ratified the document they agreed to abide by its terms and those terms do not allow states to make changes, interpret, or abolish it. There is no such power in the Constitution.
Does that mean only the original 13 states own the Constitution since they were the only ones who wrote it?
Into the Night
Verified User
WRONG. Only the States can change the Constitution of the United States. See Articles V and VII.
They own the Constitution because they ordained to law. See Article VII. Any State joining the Union also accepts this as law.
YES IT DOES. See Articles V and VII.
Articles V and VII.
No. See Article IV. RQAA.