On the Right to Vote Part III

Article V Blog ^ | September 18th 2017 | Rodney Dodsworth

[Jacquerie]

Subtitle: The Wisdom of the 14th Amendment. After a quick look at Section 1, this squib takes a closer read of Sections 2 & 3 of the 14th Amendment. We’ll find that, as opposed to recent times, Congress expected itself, rather than federal courts, to sort out and deal with difficult issues. In the latter 1860s that meant incorporating former slaves into the civil society.

In the hands of the far Left, an amendment designed to deal with post-Civil War realities is the modern Progressive’s favorite means to social justice. From a hopeless mash of conflicting decisions, Scotus determined, for instance, that the equal protection clause of Section 1 prevents states from denying welfare benefits, or state civil service jobs to legal alien residents. On the other hand, states may deny legal aliens jobs in law enforcement and teaching at public schools. In 1982, Plyer v. Doe practically invited the flood of illegals we endure to this day when Scotus burdened citizens with the K-12 education of illegal alien children. As Mark Levin warned, when the equal protection clause is taken to its social justice conclusion, we are one court decision away from granting everyone, anyone who happens to be in the US, the right to vote. Argumentum ad absurdum.

But, along the way of researching this series, I found there is much more to the 14th Amendment than the much-abused Section 1, which granted citizenship and attendant civil rights to former slaves. Section 2 of the 14th Amendment was the first explicit recognition of a political (not civil) right to vote. In Sections 2 & 3 are two wise, if not remarkable amendments.

First, in Section 2, Congress dealt with the inevitable reluctance of the states (not just southern) to accept blacks as fellow citizens.

[marktwain]

Excellent article.

[freedumb2003]

The problem isn’t the 14th Amendment.

It is the 19th!

*ZIIIP (runs away)!!!!*

[PGalt]

but a little attention to the powers vested in the general government, will convince every candid man, that if it is capable of being executed, all that is reserved for the individual states must very soon be annihilated, except so far as they are barely necessary to the organization of the general government. The powers of the general legislature extend to every case that is of the least importance — there is nothing valuable to human nature, nothing dear to freemen, but what is within its power. It has authority to make laws which will affect the lives, the liberty, and property of every man in the United States; nor can the constitution or laws of any state, in any way prevent or impede the full and complete execution of every power given. The legislative power is competent to lay taxes, duties, imposts, and excises; — there is no limitation to this power…

And are by this clause invested with the power of making all laws, proper and necessary, for carrying all these into execution; and they may so exercise this power as entirely to annihilate all the state governments, and reduce this country to one single government. And if they may do it, it is pretty certain they will; for it will be found that the power retained by individual states, small as it is, will be a clog upon the wheels of the government of the United States; the latter therefore will be naturally inclined to remove it out of the way. Besides, it is a truth confirmed by the unerring experience of ages, that every man, and every body of men, invested with power, are ever disposed to increase it, and to acquire a superiority over every thing that stands in their way. This disposition, which is implanted in human nature, will operate in the federal legislature to lessen and ultimately to subvert the state authority, and having such advantages, will most certainly succeed, if the federal government succeeds at all.

In a free republic…

Brutus #1 - Anti-federalist

Great post, Jacquerie.

As Mark Levin warned, when the equal protection clause is taken to its social justice conclusion, we are one court decision away from granting everyone, anyone who happens to be in the US, the right to vote.

Thanks.

[elpadre]

With one more conservative on the Supreme Court, we need to take another case to remove the right of citizenship for children born of foreign citizens. This the only country in the world that grants that right and it was not meant to be by the framers of the 14th Amendment. Their concern was solely granting former slaves citizenship. The Amendment has been bastardized since.

[Jacquerie]

I appreciate.

[PGalt]

BUMP!