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Anthony Colleluori
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When the world's against you, I stand up for you! I am a Crisis Trial Lawyer & I am there for you when disaster strikes 24/7/365.
When the world's against you, I stand up for you! I am a Crisis Trial Lawyer & I am there for you when disaster strikes 24/7/365.

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This debasement of Constitutional intent is some of the worst writing I’ve ever read.
It is about time conservatives who CLAIM to be originalists start understanding what the term means and how to apply it.

Briefly, originalism, and its offshoot textualism requires that the interpreter of a statute or amendment give the words in the writing the meaning they had at the time of the writing..

Hence the theory requires ab initio that we read the measure to see if the words are clear. The 14th Amendment is very clear. If born here and not protected by rules of international law, you are a citizen.

“But but but, THATS NOT WHAT IT MEANS!!” Says guys like the writer and Congressman Steve King of Iowa. “There is Congressional Intent!!”.

Well first, if the words are clear, there is no reason to go to congressional intent, b/c if the words are clear, so is the intent. It is NOT the court’s job to rein in Congress and make their laws mean something other than what they plaily read.

Secondly, if the words have not changed in understanding since the time of a drafting, there is no need to see if Congress meant something else. On the other hand if the words have altered meaning then they must be given the meaning they had at the time of drafting. Before you look at intent, you must decide if the words are understandable in their “original context.”

Here, that too is decided.

Third, and here is the kicker, when you do go to intent, you need to look to the intent of the people who passed the law.
In the case of a law, you can look to both legislative and executive intents, BUT when you interpret an Amendment, the people who passed the law are the voters, citizens themselves!. Go ahead and try to determine the intent of every state legislature or voter when the voted for the amendment! Hence the vernacular word meaning matters and controls in Constitutional interpretation.

Fourth and finally we have stare decisis. Previous cases have consistently interpreted the amendment in its most sweeping inclusive form. The Constitution itself TELLS is that rights flow from God, to the people and the people delegate certain issues to the government. People rely on these rules to make decisions about their lives. Hence law needs to be predictable and long standing holdings need to be upheld unless clearly wrong. These rulings are not clearly wrong, in fact quite the opposite.

https://www.washingtonpost.com/opinions/citizenship-shouldnt-be-a-birthright/2018/07/18/7d0e2998-8912-11e8-85ae-511bc1146b0b_story.html?noredirect=on&utm_term=.593f89606815

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Crazy is Crazy and That is Nobody's Fault.
Today I awoke to the news that some Sixty Six Year Old nut job from Illinois decided he was going to make a point of embarrassing himself and his causes by killing or at least wounding a bunch of Republican Congressmen and Senators who get together at 7am t...
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Memorial Day 2017: RememberingWhy We Remember.
Our freedom and our lives were and are preserved by those that served our country in War and Peace as Soldiers Sailors Airmen and Marines. Their efforts and their lives were spent in service of not just a nation, but an ideal. That all men are created equal...
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Let's Play "News, Not News, Fake News"!
Okay Team, I am getting really tired of all the Bullshit that people get nuts about. Some is actual news, some while true, isn't really news and of course some stories are pure fabrication or so devoid of the truth that it is...well, fake.  Here is how we p...
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Just When I Thought I was Out, They Pull Me Back In
I thought my long rant time was up. Obama made ranting here useless because let's face it, he was horrible, but he wasn't my problem. Moreover while not a AGOTUS Holder fan , ( and very disappointed in Loretta Lynch) from a criminal law point of view, and w...
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Multiculturalism is not achieved by denying religion, but by honoring all of them.
Today's Guardian has an article about an Italian headmaster who has banned Christmas carols from the schools winter concert. http://www.theguardian.com/world/2015/nov/30/christmas-is-cancelled-italians-outraged-over-school-decision-to-ban-festivities Last y...
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An Open Letter to President Obama : The Problem With Accepting Syrian Refugees.
Dear Mr. President, Don't you EVER call me bigoted or frightened or xenophobic because I will not support your half baked plan to admit Syrian refugees into Ame rica. Its not b/c of them that I object, its because of YOU! You have proven yourself to either ...
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You know when you have taught your children well. What a selfless group of kids. Their community their school and their parents have a lot to be proud of. 
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Facebook won't let you see this, fortunately, That Lawyer Dude will: Christine Hoff Sommers on the Fallacy of the Gender Gap.
Want some real truth? Here it is. Facebook will not let us post this on their site (It violates their community standards??!!!) but I will let you see it.  GO HERE . Sommer drew the ire of Georgetown University's Hoya Newspaper because she tells the truth a...
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