Because I’m sure you want to hear what to two, old, land-owning, white guys have to say about the subject. Seriously, though, tomorrow you get to help decide which way this question gets answered. Take advantage of your moment in history.

Special note to our Spotify listeners: does it feel like it’s been a while since we posted? Sorry about that! Due to a technical issue, our magic “post everywhere” button was posting everywhere but Spotify. We’ve fixed the problem and you should see new episodes going forward. If you want to listen to what you missed between March and October of 2024, all our episodes are available on our website: https://civicsontherocks.podbean.com/ Again, we apologize for the glitch!

References

Fourteenth Amendment:

Congress.gov. “Fourteenth Amendment Equal Protection and Other Rights.” Constitution Annotated. https://constitution.congress.gov/browse/amendment-14/

What’s a fundamental right:

Legal Information Institute. “Fundamental Right.” Cornell Law School. https://www.law.cornell.edu/wex/fundamental_right#:~:text=Fundamental

Benjamin Cardozo, a famous Supreme Court justice:

Editors of Encyclopaedia Britannica. “Benjamin Nathan Cardozo.” Reviewed July 5, 2024. Britannica. https://www.britannica.com/biography/Benjamin-Nathan-Cardozo

Learn more about the Fourteenth Amendment, Incorporation, and Justice Cardozo’s influence on the matter:

Bill of Rights Institute. “Essay: The Fourteenth Amendment and Incorporation.” https://billofrightsinstitute.org/essays/the-fourteenth-amendment-and-incorporation

Palko v. Connecticut:

Oyez. “Palko v. Connecticut.” https://www.oyez.org/cases/1900-1940/302us319

The due process clause of the Fourteenth Amendment:

Congress.gov. “Amdt14.S1.3 Due Process Generally.” Constitution Annotated. https://constitution.congress.gov/browse/essay/amdt14-S1-3/ALDE_00013743/

Fifth Amendment:

Congress.gov. “Fifth Amendment.” Constitution Annotated. https://constitution.congress.gov/constitution/amendment-5/

Get fancy with the privileges or immunities clause:

Congress.gov. “Amdt14.S1.2.2 Modern Doctrine on Privileges or Immunities Clause.” Constitution Annotated. https://constitution.congress.gov/browse/essay/amdt14-S1-2-2/ALDE_00000815/

Full faith and credit clause:

Congress.gov. “ArtlV.S1.1 Overview of Full Faith and Credit Clause.” Constitution Annotated. https://constitution.congress.gov/browse/essay/artIV-S1-1/ALDE_00013015/

Not familiar with the opinions of “sovereign citizens”:

Southern Poverty Law Center. “Sovereign Citizens Movement.” https://www.splcenter.org/fighting-hate/extremist-files/ideology/sovereign-citizens-movement

First Amendment:

Congress.gov. “First Amendment Fundamental Freedoms.” Constitution Annotated. https://constitution.congress.gov/browse/amendment-1/

Ninth Amendment:

Congress.gov. “Ninth Amendment Unenumerated Rights.” Constitution Annotated. https://constitution.congress.gov/browse/amendment-9/

What does it take to ratify:

Harry S. Truman Library and Museum. “The Amendment Process.” https://www.trumanlibrary.gov/education/three-branches/amendment-process

How senators were chosen then and how they are chosen now:

United States Senate. “About Electing and Appointing Senators.” https://www.senate.gov/about/origins-foundations/electing-appointing-senators.htm

See a timeline of who got to start voting when in the U.S.:

Al Jazeera. “Who got the right to vote when?” August 18, 2020. https://interactive.aljazeera.com/aje/2016/us-elections-2016-who-can-vote/index.html

Steve is right, noncitizens are allowed to vote in some local elections:

USA.gov. “Who Can and Cannot Vote.” Updated September 26, 2024. https://www.usa.gov/who-can-vote

But Fox News remains wrong; there are not widespread instances of noncitizens voting in presidential elections:

Joffe-Block, Jude. “6 Facts About False Noncitizen Voting Claims and the Election.” October 12, 2024. NPR. https://www.npr.org/2024/10/12/nx-s1-5147789/voting-election-2024-noncitizen-fact-check-trump

Fifteenth Amendment:

Congress.gov. “Fifteenth Amendment.” Constitution Annotated. https://constitution.congress.gov/constitution/amendment-15/

Thirteenth Amendment:

Congress.gov. “Thirteenth Amendment.” Constitution Annotated. https://constitution.congress.gov/constitution/amendment-13/

Wesberry v. Sanders (Mack got the right case):

Oyez. “Wesberry v. Sanders.” https://www.oyez.org/cases/1963/22

Who’s Antonin Scalia?

Smentkowski, Brian P. and Houck, Aaron M. “Antonin Scalia.” Updated: September 13, 2024. https://www.britannica.com/biography/Antonin-Scalia

A discussion of whether the hypocrisy was appreciated at the time:

Ellis, Joseph J. “Founding Fathers.” Reviewed April 25, 2024. https://www.britannica.com/topic/Founding-Fathers

A quick reminder about all the treaties we violated with the Native American tribes and marches to Oklahoma:

Office of the Historian. “Indian Treaties and the Removal Act of 1830.” https://history.state.gov/milestones/1830-1860/indian-treaties

The selective incorporation clause:

Congress.gov. “Amdt14.S1.4.3 Modern Doctrine on Selective Incorporation of Bill of Rights.” Constitution Annotated. https://constitution.congress.gov/browse/essay/amdt14-S1-4-3/ALDE_00013746/

Adamson v. California:

Oyez. “Adamson v. California.” https://www.oyez.org/cases/1940-1955/332us46

Dobbs v. Jackson Women’s Health Organization:

Oyez. “Dobbs v. Jackson Women’s Health Organization.” https://www.oyez.org/cases/2021/19-1392

It’s protect “every State” from invasion:

Congress.gov. “Article IV Republican Form of Government.” Constitution Annotated. https://constitution.congress.gov/browse/article-4/section-4/

The second bill of rights speech:

Roosevelt, Franklin Roosevelt. “State of the Union Message to Congress.” January 11, 1944. Franklin D. Roosevelt Presidential Library and Museum. http://www.fdrlibrary.marist.edu/archives/address_text

A reflection on France’s restriction of religious garments:

Diallo, Rokhaya. “What has 20 years of banning headscarves done for France?” April 12, 2024. The Guardian. https://www.theguardian.com/commentisfree/2024/apr/12/ban-headscarves-france-secularism-exclusion-intolerance

Freedom of speech on the Internet:

Bischoff, Paul. “Internet Censorship 2024: A Map of Internet Censorship and Restrictions.” October 16, 2023. Comparitech. https://www.comparitech.com/blog/vpn-privacy/internet-censorship-map/

Mack’s right, kids, hate speech is not a crime:

American Library Association. “Hate Speech and Hate Crime.” https://www.ala.org/advocacy/intfreedom/hate

See how “consent of the governed” was expressed in the Declaration of Independence:

Library of Congress. “Consent of the Governed.” https://www.loc.gov/exhibits/creating-the-united-states/interactives/declaration-of-independence/consent/index.html

Shenanigans like voter purges:

Totenberg, Nina and Dutton, Ilana. “Supreme Court Allows Virginia to Purge Individuals From Voter Rolls.” October 30, 2024. NPR. https://www.npr.org/2...

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