Holman v Johnson Lord Mansfield CJ set out the rationale for the illegality doctrine.
The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may say so. The principle of public policy is this; ex dolo malo non oritur actio ["no action arises from deceit"]. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own standing or otherwise, the cause of action appears to arise ex turpi causa ["from an immoral cause"], or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both were equally in fault, potior est conditio defendentis ["stronger is the position of the defendant
The only part that requires change is the part concerning citizenship. Instead of saying any person born in the U.S. is a citizen, must be changed to; to be considered a legal citizen, any person born in the U.S. must (1) have at least one parent with legal citizenship and (2) testing from an approved facility proving said person is the biological parent to aforementioned child. Both (1) and (2) must be satisfied in order to satisfy the requirements for citizenship.
Other changes that need to be made are with hospitals. They should require birthing mothers to show a legal id or drivers license issued by the state prior to being admitted.
Hospitals refuse to provide needed life saving treatments every day because the patient either doesn't have insurance or the insurance they have doesn't cover said treatment. The same goes for prescriptions.
If they can refuse cancer treatments, they should also refuse services to illegals.
The 14th amendment should be changed because it is being misused by illegal immigrants to gain citizenship without going through the legal process of citizenship. The 14th amendment does contain valuable rights and should not be repealed. However, the statements being misused should be changed in such a way to uphold the legal process of citizenship
Some of the "no" answers don't even have their amendments straight. The 15th, not the 14th granted the vote to former slaves. Last year, nearly 300,000 Chinese women came to the US to give birth, and many more illegal immigrants come here for the same reason. Not to become citizens themselves, but to take advantage of entitlements. Congress needs to address this issue.
The concept of "anchor babies" did not exist when the 14th Amendment was written after the Civil War, mainly to assure former slaves of citizenship. One person seemed to confuse this with the 15th Amendment, which gave black males the right to vote. Last year, nearly 300,000 Chinese women came to the U.S. to deliver their babies, and many illegal immigrants use the law, as well. Legal immigrants should certainly be granted citizenship for their children, but this law is being abused, and should be addressed in Congress.
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Today however it has changed to allow anyone that steps foot here and has a kid to claim American relatives. Being born in a piece of land doesn't magically make you an American. Its the culture, the values you follow, where your loyalties lie.
Anchor babies have been a huge problem in Spain and they are beginning to change this, and more and more low skilled and uneducated individuals coming into the country are using such tactic to stay. ANd yet what can they provide for their kid? Do they value education? This country over their native one, this culture over their native one?
Again, being born on a piece of land doesn't magically make you its citizen, it isn't blood or location that matters is the culture you follow.
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.”
14th Amendment, What is it? Let's think about what this means. In the first part of Section 1, it states, “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.” What this basically means is that everyone who is born in the United States of America, including children of slaves, are citizens of the U.S. This second part, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” is saying that all citizens are equal, and not to be treated any different from anyone else by the Government. The last piece, “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,” states that everyone under the jurisdiction of the U.S. are subject to its laws and are provided its protection. Amendment 14 was passed by Congress June 13, 1866, and was ratified July 9, 1868.
Why was it added? A simple question really, especially if you are of colored skin. Who would want people having slaves? If you have a conscience, then this will seem very wrong to you. Do you believe that all people are equal? Well, so did the people who proposed and ratified this big jumble of letters. People believe that all men are created equal, and so they should have the same rights as others. All Humans are the same, they had just evolved at different places around the world. If someone had blue eyes, and another had brown eyes, does that mean that they are not human, that they should have no rights? No! So why should black skin or yellow skin or even purple skin be any different? We are all human, we all have thoughts, emotions, we all feel pain, whether from loss, or from being beaten, we are all the same. That, is why they came up with this amazing document.
In the past, this had given equal rights to people of black and white skin. They were to be treated the same under any circumstances. Given the same jobs, and not turned down if of a different color. They were able to marry, and ALL men were able to vote. Now, because of the women's suffrage rights, anyone in the United States is able to vote.
All men are created equal, we should they not be given an equal chance. Everyone is human, it does not matter if they are born here or there, they should be given citizenship outright, no matter where they came from, check their records, fingerprint, check their body to see if they are sick, but you should give them a chance.
I believe that the 14th amendment should not be changed now but later because there is no need to change it now and have a huge racial issue going on between people. We don't need to have anymore racial violence going on in the United States because politicians want to change the 14th amendment.
The U.S. is based on the idea that all men and women are equal and have equal rights. The 14th Amendment helps to enforce that ideal by giving people American citizenship when they are born. It was originally written to make slaves citizens, but it is still very important today.
I do not believe the 14th amendment needs to be changed. I believe the 14th amendment contains several different changes that should remain intact. While some of these pertain to immigration and citizenship I don't believe it covers everything that we need to in immigration reform, which is really what we need to spend time on.
It is my belief that all men and women are created equal. There should absolutely be no legal restrictions based on your involvement in a certain ethnic group. If anyone is able to say that a black man should be entitled to less simply because he is black must have excrement for a brain.
The Fourteenth Amendment is fine just as it is. This Civil
War amendment was passed to fight the aftereffects of slavery, but it is still
useful today. It was the constitutional basis for the Roe v Wade decision that
gave women choice, and for the Brown v the Board of Education decision that
attacked racial segregation in public schools. This amendment is a bulwark of
civil rights, and stands opposed to the reactionary forces that masquerade as supporters
of state’s rights.
The 14th amendment gave blacks the right to vote just like white citizens and it should not be changed. I do not believe any amendment should be changed because they were carefully written and thought through by our founding fathers. The 14th amendment needs to stay in place most definitely.
I do not think the 14th amendment should be changed. I think that to even think it is ridiculous. The 14th amendment insures that every citizen in America is given equal rights. I do not see how anyone can be against that type of belief. That is why I do not think it should be changed.