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发布时间: 2025-05-25 08:15:34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

  濮阳市东方医院很好   

It's a frightening case of road rage that happened in broad daylight and spanned several communities.Now Police in Allen Park, Michigan are asking for the public's help in finding the man who was driving a black Nissan Altima with a damaged fender and out of state plates on the front and back of the vehicle. Detective Jim Thorburn with the Allen Park Police Department said the man chased another driver several miles and then unleashed at least eight rounds of gunfire at another driver in broad daylight on the southbound Southfield Fwy ramp to I-94. It all started with a fender bender around 3:30 p.m. on Sunday in Detroit, in the area of Chicago near Greenfield. The driver of a pick up truck tried to exchange information, he told police, when the black Nissan Altima driver pulled out a gun. That when he ran. "He was being chased by a Nissan Ultima and he had a big pick up truck and he thought by cutting through fields and stuff he would lose the Ultima," Thorburn said.But that didn't happen. The victim hopped on the Southfield Freeway southbound driving to the I-94 ramp, where the suspect who was still chasing him, opened fire. The victim was hit in the backside but was able to keep driving, he finally lost the shooter, pulled over in Taylor and called police. Police photos show the side of the pick up truck riddled with bullet holes. A big bullet hole in the head rest was a sign that the suspect was likely shooting to kill. The victim escaped with a superficial bullet wound to the backside. Today he said he is in pain, but recovering.  Police are hoping to find someone who might have seen the male suspect fire eight to nine gun shots through the passenger window of his black Nissan Ultima in broad daylight on the busy freeway. That Nissan Altima has front-end damage and out of state plates.    1937

  濮阳市东方医院很好   

INDIANAPOLIS -- The Food and Safety Inspection Service has issued a public health alert for salad and wrap products that were produced by an Indianapolis company because they may be contaminated with Cyclospora. The recall is for beef, pork and poultry salad and wrap products that were distributed by Caito Foods LLC. The products were produced between July 15 and July 18 and were sold at a number of popular retail locations including Kroger, Trader Joe's and Walgreens. All affected products have a "Best By," "Enjoy By," "Best if Sold By," or "Sell By" date ranging from July 18 through July 23. Product labels, UPC codes and other information can be found HERE. The FSIS says they are concerned that the products may still be in consumers' refrigerators and that consumers may be at risk due to the length of the Cyclospora incubation period. Cyclospora is an intestinal illness by a microscopic parasite that is transmitted contaminated food or water, according to the CDC. It can take up to a week before someone who becomes infected shows any signs or symptoms of the illness, which infects the small intestine and usually causes watery diarrhea with frequent, sometimes explosive bowl movements. Other common symptoms include: 1284

  

It happens every year around this time.The weather gets colder and cold and flu viruses start making the rounds. But this year, there's a third illness expected to enter the mix: COVID-19.New cases are coming in at a record pace. Hospitalizations and deaths are rising, too.Now, public health experts say the pandemic is in a "critical phase,” warning winter could be the worst season yet for the novel coronavirus.Cold weather is one of the main reasons that doctors expect cases to rise sharply over the next couple of months. Researchers say the virus survives best in cold, dry conditions without direct sunlight. The same conditions that fuel cold and flu seasons.The cold weather also pushes more people to spend time indoors, where the virus can spread more easily, especially if air ventilation is poor.“Pandemic fatigue" is another reason COVID-19 cases could surge this winter. The surgeon general says people aren't taking precautions as seriously as they were before and that it's already causing an increase.That fatigue is expected to get worse this holiday season. Many people got together for Thanksgiving, and Hanukkah, Christmas and Kwanzaa are right around the corner.Experts say while some people are simply tired of social distancing and being isolated, others plan to make an exception for just one day with family.Aside from warm weather, experts think this spring will bring a brighter outlook for ending the pandemic, with new therapeutics and vaccines to help bring cases under control. 1520

  

Is it time to delete your Facebook account?That's the question many of its users are asking in light of revelations that data firm Cambridge Analytica accessed and improperly stored information from millions of users.The hashtag #DeleteFacebook was trending on Twitter in wake of the news. WhatsApp cofounder Brian Acton tweeted "it is time" to delete Facebook. (His comment is particularly noteworthy because Facebook bought WhatsApp for billion in 2014). 468

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