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发布时间: 2025-05-30 11:04:40北京青年报社官方账号
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It may not be as oft-quoted as the First Amendment or as contested as the Second Amendment, but the 14th Amendment to the United States Constitution plays a critical role in supporting some of our closest-held notions of American freedom and equality.For one, it clearly states that American citizenship is a birthright for all people who are born on American soil -- something that President Donald Trump has announced he wants to end. Not only would this unravel 150 years of American law, it would loosen a significant cornerstone of the Constitution's interpretation of American identity.In order to better understand this part of the 14th Amendment, we asked two experts in constitutional and immigration law to walk us through the first section. The amendment has five sections, but we will only be dealing with the first, which contains the Citizenship Clause and three other related clauses.But first, some historyThe 14th Amendment is known as a Reconstruction amendment, because it was added to the Constitution after the Civil War in 1868. That places it at an important historical crossroads, when lingering wounds of divisiveness and animosity still plagued the nation and the reality of a post-slavery America begged contentious racial and social questions."Thomas Jefferson said men were created equal, but the original Constitution betrayed that promise by allowing for slavery," says Jeffrey Rosen. "The 13th, 14th and 15th amendments were designed to enshrine Lincoln's promise of a new America."However, as so often is the case, this reaffirmed American ideal fell short of reality. Rosen notes that issues of civil rights and equal treatment continued to be denied to African Americans, LGBT people and other citizens for more than a century after the amendment's ratification.And Erika Lee points out that Native Americans weren't even allowed to become citizens until 1925."Even as [these amendments] were written, obviously there were major built-in inequalities and maybe at the time weren't intended to apply to everyone," Lee says.Why was citizenship by birthright such an important concept?"Citizenship was a central question left open by the original Constitution," says Rosen. "At the time it was written, the Constitution assumed citizenship, but it didn't provide any rules for it. In the infamous Dred Scott decision, the Chief Justice said African Americans can't be citizens of the US and 'had no rights which the white man was bound to respect.'"The US Supreme Court's ruling in the Dred Scott case, named for a slave who unsuccessfully sued for his freedom, has since been widely condemned.READ MORE: Scott v. Sandford"The 14th Amendment was designed to overturn this decision and define citizenship once and for all, and it was based on birthright," Rosen says. "It is really important that it's a vision of citizenship based on land rather than blood. It is an idea that anyone can be an American if they commit themselves to our Constitutional values."What does it mean to be "subject to the jurisdiction thereof?"According to Rosen, this is one of the greatest questions of citizenship. There are two clear examples of people not subject to the jurisdictions of the United States: diplomats and their children, and -- at the time of the 14th Amendment -- Native Americans, who were not recognized as part of the American populace."With those two exceptions, everyone who was physically present in the United States was thought to be under its jurisdiction," Rosen says. "There are numerous Supreme Court cases that reaffirm that understanding, and almost as importantly, there are lots of congressional statutes that assume birthright citizenship."Some scholars, like John Eastman of the Claremont Institute's Center for Constitutional Jurisprudence, have argued that children of illegal immigrants are not "subject to the jurisdiction" of the US and thus should not be considered citizens under the Constitution.But Rosen says this is a minority view among constitutional scholars of all political backgrounds."While the Supreme Court has not explicitly ruled [on the instance of children of illegal immigrants], Congress has passed all kinds of laws presuming their citizenship," Rosen says.What is the connection between birthright citizenship and immigration?In 1898, 30 years after the 14th Amendment was adopted, the Supreme Court reached a defining decision in a case known as the United States v. Wong Kim Ark. Lee explains that Wong Kim Ark was the American-born son of Chinese immigrants."Asian immigrants were the first immigrants to the US that couldn't be considered white," Lee says. "So they are treated differently. They are taxed differently, they are stripped of many rights. In the 1880s, they are excluded from immigration and barred from citizenship."READ MORE: The United States v. Wong Kim ArkSo, the main question of the case was, could a person born in America be a citizen in a place where his parents could not be as well? The Supreme Court decided yes, and the case remains the first defining legal decision made under the banner of birthright citizenship."[The Supreme Court's decision] said that the right of citizenship is not a matter of inheritance, that it never descends from generation to generation, it is related to where you're born," Lee says. "It's about the power of place. That has been a very expansive, and at the time, a corrective measure to a more exclusionary definition both legally as well as culturally as to what an American is."Why must it be stated that the privileges of citizenship need to be protected?Before the Civil War, states didn't necessarily have to follow the provisions stated in the Bill of Rights; only Congress had to. The 14th Amendment changed that."This second sentence of the Amendment means that states have to respect the Bill of Rights as well as basic civil rights and the rights that come along with citizenship," Rosen says. "The idea was that there were rights that were so basic; so integral to citizenship that they could not be narrowed by the states."Despite the promises and protections of citizenship, Lee says it is abundantly clear that different racial groups were, and often are, seen as unable or unworthy to function as true American citizens. After all, basic rights of citizenship, like suffrage and equal treatment, were denied certain racial groups for a hundred years after the 14th Amendment."The idea of a law applying to 'all people' seems to be clear. But in reality, the debate and the laws and practices that get established are very much based on a hierarchy of, well sure, all persons, but some are more fit and some are more deserving than others," she says.Throughout history, Asian immigrants, Mexican immigrants, Muslim immigrants and their children, to name a few, have had unspoken cultural caveats applied to their ability to be Americans."For Asian immigrants, the racial argument at the time was that 'It didn't matter whether one were born in the US or not, Asians as a race, are unassimilable. They are diametrically opposite from us Americans,'" Lee says."That was the argument that was used to intern Japanese citizens. It was the denial of citizenship in favor of race: 'The ability to become American, the ability to assimilate, they just didn't have it.'"Why was it important to legalize rights for non-citizens?So far, we've covered the first clause, the Citizenship Clause, and the second, the Privileges and Immunities Clause. These both deal with American citizens.The final two clauses, the Due Process Clause and the Equal Protection clause, are a little different, and deal with the rights of all people in the United States.Eagle-eyed Constitution readers will notice that the 14th Amendment contains a "due process" clause very similar to the Fifth Amendment. This, says Rosen, was a technical addition to ensure the Fifth Amendment wasn't theoretically narrowed down to protect only American citizens."The 14th Amendment distinguishes between the privileges of citizenship and the privileges of all people," Rosen says. "The framers [of the amendment] thought there were certain rights that were so important that they should be extended to all persons, and in order to specify that they needed a new 'due process' clause."What does it mean to have 'equal protection of the laws'?"At the time following the Civil War, at its core, it meant all persons had the right to be protected by the police, that the laws of the country should protect all people," Rosen says. "In the 20th century, more broader questions were litigated under the 14th Amendment, like Brown v. Board of Education -- whether segregation was constitutional. Cases involving the internment of Japanese citizens, case from the marriage equality decisions, even Roe vs. Wade have strains of equal protection language and invoke due process law."READ MORE: Brown v. Board of EducationAnother interesting case that speaks directly to the immigration side of the 14th Amendment debate is the 1982 case of Plyler v. Doe, in which the Supreme Court ruled it was unconstitutional for the state of Texas to deny funding for undocumented immigrant children.READ MORE: Plyler v. DoeWhy are we talking about all this right now?This week,?Trump vowed to end the right to citizenship for the children of non-citizens and unauthorized immigrants born on US soil.But his interest in repealing birthright citizenship isn't a new idea. Lee says for the last 30 years or so, there have been several overtures by the political right to explore "citizenship reform," a timeline that she says aligns with the ascendancy of modern American conservatism.Lee fears if the current push to end birthright citizenship is successful, it could have wider implications than most people assume. People from other countries who are here legally on work or student visas, for instance, could have children who do not legally belong to the only country they know."There have been attempts since the 1990s to break away birthright citizenship, or narrow it down, and it did not seem that they would have a chance at succeeding until now," she says."To me this not only reflects the ascendancy of an extreme right position but also a return to a very narrow and exclusionary definition of Americanness." 10356

  阜阳头癣治疗在那儿好   

In what is normally quiet Cajun country, the sound of shoveling sand rises above all else right now.“Just filling a few sandbags to make sure that we get any water intrusion through the doorways of house,” said Joe Soudelier, who was filling 28 sandbags in Morgan City, Louisiana.In this region of the state known as Acadiana, there are worries about water coming in courtesy of Hurricane Laura.There are many shrimp trawlers visible along the Louisiana coast. About an hour west of Morgan City, people in Iberia Parish, and in other nearby parishes make a living off the water. Now, though, the water that supports their livelihood is a potential threat to their lives.Storm surge along the Louisiana coast could be more than 10 feet in spots. Coupled with strong winds, they are dual concerns with Hurricane Laura.Still, many here won’t evacuate, like Shannon Zeringue, who lives in a trailer.“It’s been there for like 30 years,” she said. “Kind of sunk in the ground. So, I think I'll be okay.”There are shelters open for residents, but Zeringue worries about exposure to the coronavirus. She is counting on sandbags for protection and said she regrets the last time she evacuated.“One year we left and we spent all kind of money going and doing everything and it was like - it was just a waste of money,” Zeringue said. “We could’ve just stayed. And makes it hard for people who don't have money like that to try to evacuate.”Really, though, it is about people taking care of each other in this area where Cajun bonds are strong.“People help each other out every time there's a situation like this,” said resident Al Richard. “And they all give a helping hand to everybody."That was something witnessed first hand, as Soudelier came over to help him.“Everybody helps clean up, pick up and get back to normalcy,” Richard said, “and then we appreciate each other after it’s all over.“It is an ending they are already looking forward to with Hurricane Laura. 1967

  阜阳头癣治疗在那儿好   

It has become a tradition on the Tuesday before the Masters Tournament at Augusta National in Georgia. During Tuesday practice rounds, golfers go to hole No. 16 and attempt to hit a shot that skips off the water and onto the green -- the type of shot you'd never try during the tournament.On Tuesday, Jon Rahm hit a perfect shot that skipped off the water, stopped on the back of the green, and trickled its way all the way into the hole. It was a shot you would have to see to believe. Rahm's shot was viewed on the Masters Tournament's Twitter account more than 15 million times by Tuesday evening. 609

  

In happier news... thank you everyone who searched high and low. To the person who took the bear, thanks for keeping it safe. Vancouver is awesome. #FoundMarasBear https://t.co/X7FlyiR89P— Ryan Reynolds (@VancityReynolds) July 29, 2020 243

  

In yet another aggressive attempt to bypass federal appeals courts, the Trump administration asked the Supreme Court on Friday to hear a challenge to President Donald Trump's policy that bars most transgender individuals from military service.The policy, first announced by the President in July 2017 via Twitter and later officially released by Secretary of Defense James Mattis, blocks individuals who suffer from a condition known as gender dysphoria from serving with limited exceptions. It also specifies that individuals without the condition can serve but only if they do so according to the sex they were assigned at birth.District courts across the country have so far blocked the policy from going into effect. The 9th Circuit Court of Appeals heard arguments in one challenge earlier this fall and the DC Circuit will hear arguments in early December.On Friday, Solicitor General Noel Francisco filed petitions asking the justices to take up the issue in three separate cases that are still in lower courts so it could be decided definitively this term. Francisco argues that lower court rulings imposing nationwide injunctions are wrong and warrant immediate review.He writes because of the injunctions, "the military has been forced to maintain that prior policy for nearly a year" despite a determination by Mattis and a panel of experts that the "prior policy, adopted by (Defense Secretary Ash Carter), posed too great a risk to military effectiveness and lethality."House Democratic Leader Nancy Pelosi vowed to "fight this discriminatory action" in a statement Saturday."The President's ban is a cruel and arbitrary decision designed to humiliate transgender Americans who have stepped forward to serve our country," she added. "This bigoted ban weakens our military readiness and our country, and shows this president's stunning lack of loyalty to those who risk all to defend our freedoms."Earlier in the month, the Department of Justice warned the 9th Circuit Court of Appeals that it planned to ask for emergency relief to lift the nationwide injunction.The filing comes after Chief Justice John Roberts and Trump got into a public dispute about the independence of the judiciary this week. Roberts issued a rare statement on Wednesday criticizing the President for calling one lower court judge who ruled against him an "Obama judge." The President responded via Twitter criticizing Roberts and accusing the American judiciary of undermining national security.Under normal circumstances, the Supreme Court does not like to take up an issue before it has made its way through the lower courts. The justices like to have issues percolate below so that they can benefit from the opinions of lower court judges.Francisco has moved aggressively at times to get cases before a Supreme Court that is more solidly conservative with the addition of Justice Brett Kavanaugh.Francisco asked the justices to step in to review the lower court's decision in a case related to the addition of a citizenship question to the 2020 Census. He also asked them to review an adverse lower court opinion blocking the proposed phase-out of the Deferred Action for Childhood Arrivals program. 3198

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