• ThermonuclearEgg [she/her, they/them]
    ·
    edit-2
    2 days ago

    It's far worse. IMHO it would have the most far-reaching consequences of any amendment if repealed. Section 1 alone would overturn a massive amount of case law.

    Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    In addition to the obvious part that it would be perfectly legal to arbitrarily revoke citizenship, discriminate, etc., the due process clause as it applies to the states (the one in the Fifth Amendment applies to feds only) is out the window. For instance, states and private entities are now free to violate any of the Bill of Rights because there's no incorporation doctrine to push back against Barron v. Baltimore (1833).