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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
INDIANAPOLIS — Kohl's says an issue with their third-party payment system is to blame for holds on customer accounts, unfilled Black Friday orders and even some customers being charged multiple times.Bailey Webster said she ordered a gaming system online on Black Friday at Kohls.com. When she woke up Saturday morning, Webster says she had an email from Kohl's saying the order was canceled because the item was sold out. Instead of canceling the order immediately and returning her funds, Webster said Kohl's tried to re-charge for the item, which was still out of stock. 592
In the largest U.S. evacuation of the pandemic, more than half a million people were ordered to flee the Gulf Coast on Tuesday as Laura strengthened into a hurricane that forecasters said could slam Texas and Louisiana with ferocious winds, heavy flooding and the power to push seawater miles inland.More than 385,000 residents were told to flee the Texas cities of Beaumont, Galveston and Port Arthur, and another 200,000 were ordered to leave low-lying Calcasieu Parish in southwestern Louisiana, where forecasters said as much as 13 feet (4 meters) of storm surge topped by waves could submerge whole communities.Forecasters Tuesday night expected the storm to increase in strength by 33%, from 90 mph (144 kmh) to 120 mph (193 kmh) in just 24 hours. They project Laura to strike the coast as a major Category 3 hurricane. The strengthening may slow or stop just before landfall, forecasters said.“The waters are warm enough everywhere there to support a major hurricane, Category 3 or even higher. The waters are very warm where the storm is now and will be for the entire path up until the Gulf Coast,” National Hurricane Center Deputy Director Ed Rappaport said.Louisiana Gov. John Bel Edwards said Laura is shaping up to look a lot like Hurricane Rita did 15 years ago when it ravaged southwest Louisiana.“We’re going to have significant flooding in places that don’t normally see it,” he said.Ocean water was expected to push onto land along more than 450 miles (724 kilometers) of coast from Texas to Mississippi. Hurricane warnings were issued from San Luis Pass, Texas, to Intracoastal City, Louisiana, and storm surge warnings from the Port Arthur, Texas, flood protection system to the mouth of the Mississippi River.The evacuations could get even bigger if the storm’s track veers to the east or west, said Craig Fugate, the former head of the Federal Emergency Management Agency.Fearing that people would not evacuate in time, Edwards said those in southwest Louisiana need to be where they intend to ride out Laura by noon Wednesday, when the state will start feeling the storm’s effects.Officials urged people to stay with relatives or in hotel rooms to avoid spreading the virus that causes COVID-19. Buses were stocked with protective equipment and disinfectant, and they would carry fewer passengers to keep people apart, Texas officials said.Whitney Frazier, 29, of Beaumont spent Tuesday morning trying to get transportation to a high school where she could board a bus to leave the area.“Especially with everything with COVID going on already on top of a mandatory evacuation, it’s very stressful,” Frazier said.The storm also imperiled a center of the U.S. energy industry. The government said 84% of Gulf oil production and an estimated 61% of natural gas production were shut down. Nearly 300 platforms have been evacuated.While oil prices often spike before a major storm as production slows, consumers are unlikely to see big price changes because the pandemic decimated demand for fuel.As of Tuesday evening, Laura was 435 miles (700 kilometers) southeast of Lake Charles, Louisiana, traveling west-northwest at 17 mph (28 kmh). Its peak winds were 85 mph (140 kph).Laura passed Cuba after killing nearly two dozen people on the island of Hispaniola, including 20 in Haiti and three in the Dominican Republic, where it knocked out power and caused intense flooding. The deaths reportedly included a 10-year-old girl whose home was hit by a tree and a mother and young son crushed by a collapsing wall.As much as 15 inches (38 centimeters) of rain could fall in some parts of Louisiana, said Donald Jones, a National Weather Service meteorologist in Lake Charles, Louisiana.At Grand Isle, Louisiana, Nicole Fantiny said she planned to ride out the hurricane on the barrier island along with a few dozen other people.“It could still change, but we keep on hoping and praying that it keeps on going further west like it’s doing,” said Fantiny, who manages a restaurant.In Galveston and Port Arthur, Texas, mandatory evacuation orders went into effect shortly before daybreak Tuesday. “If you decide to stay, you’re staying on your own,” Port Arthur Mayor Thurman Bartie said.Shelters opened with cots set farther apart to curb coronavirus infections. People planning to enter shelters were told to bring just one bag of personal belongings each, and a mask to reduce the spread of coronavirus.“Hopefully it’s not that threatening to people, to lives, because people are hesitant to go anywhere due to COVID,” Robert Duffy said as he placed sandbags around his home in Morgan City, Louisiana. “Nobody wants to sleep on a gym floor with 200 other people. It’s kind of hard to do social distancing.”Officials in Houston asked residents to prepare supplies in case they lose power for a few days or need to evacuate homes along the coast. Some in the area are still recovering from Hurricane Harvey three years ago.Laura’s arrival comes just days before the Aug. 29 anniversary of Hurricane Katrina, which breached the levees in New Orleans, flattened much of the Mississippi coast and killed as many as 1,800 people in 2005. Less than a month later, Hurricane Rita struck southwest Louisiana as a Category 3 storm.Laura wasn’t much of a concern for Kerry Joe Richard of Stephensville, Louisiana. As the storm approached, he was angling for catfish from a small dock overlooking the bayou that’s behind his elevated wood-frame home.“The only thing I’m worried about is if the fish quit biting,” he said.___Plaisance reported from Stephensville, Louisiana. Associated Press writers Juan Lozano in Houston; Jeff Martin in Marietta, Georgia; Seth Borenstein in Kensington, Maryland; Melinda Deslatte in Baton Rouge; Louisiana; Kevin McGill in New Orleans; Jay Reeves in Birmingham, Alabama; Evens Sanon in Port-au-Prince, Haiti; Cathy Bussewitz in New York; and Paul Weber in Austin, Texas, contributed to this report. 5945
In his first comments since the FBI raid on his home and office, Michael Cohen said the FBI agents "were extremely professional, courteous and respectful."The comments contrast with President Donald Trump who complained Monday that agents "broke into the office of one of my personal attorneys.""I am unhappy to have my personal residence and office raided. But I will tell you that members of the FBI that conducted the search and seizure were all extremely professional, courteous and respectful. And I thanked them at the conclusion," Cohen said in a phone conversation on Tuesday with CNN.Asked if he was worried, Cohen said; "I would be lying to you if I told that I am not. Do I need this in my life? No. Do I want to be involved in this? No."The raid was "upsetting to say the least," he added.Cohen did not fault the FBI agents who conducted the raid at his house, office and a hotel where he is temporarily staying.Cohen would not comment further on the raid, but acknowledged the raids and attention have had an impact on his family. He wants the investigation to be over and continues to say everything he did in regards to paying Stormy Daniels for the non-disclosure agreement was perfectly legal.He said that he is very loyal to Trump but after what happened on Monday, he'd rethink how he handled the payments to Daniels because of the impact on his family. 1380
It will cost you a little more to drink on your next Southwest Airlines flight. Starting March 1, Miller Lite, Dos Equis, and wine served in the cabin will be . Liquor and premium beer (Fat Tire, Lagunitas, and the newest seasonal option, Leinenkugel's Summer Shandy) will be . All drinks on Southwest Airlines flights were . Coupons given out by the airline remain valid, regardless of the price. The airline will stay with tradition and keep complimentary drink days. Passengers can get a free drink on Valentine’s Day, St. Patrick’s Day, Southwest Airlines’ birthday (June 18) and Halloween. Southwest Airlines has not changed drink prices since 2009. Non-alcoholic drinks remain complementary. 747