And a whole host of other constitutional issues is very simple. My solution will solve the problem of federalist arguments, states rights, the scope of the federal government and the state governments under the Bill of Rights, and lots of other Constitutional problems.
Admit it, the amendment has outlived its usefulness. It has prevented the states from serving as experiments for various ideas while making them more uniform. It has prevented people from being able to move to state based on that state’s social policy and required states to impose on the states’ citizens homogenous social policies.
In short, the fourteenth amendment and judicial abuse of that amendment have destroyed the free market system of ideas in states.
If the fourteenth amendment did not exist, evangelicals who want to live in a state where abortion is banned could move to such a state. Liberals who want to live in a state where anything goes could live in such a state.
As it is, no one is happy. The Civil Rights Act relies on the Commerce Clause more than the 14th amendment, so it wouldn’t be lost. The Voting Rights Act will expire anyway. State court judges are progressive enough to ensure civil liberties now.
Let’s scrap the amendment. We’ll all be better off.