Free Republic
Browse · Search
News/Activism
Topics · Post Article


1 posted on 05/19/2002 5:57:12 PM PDT by aconservaguy
[ Post Reply | Private Reply | View Replies ]


To: Congressman BillyBob
I have read this argument before and was wondering if you have an opinion or could shed some light on the subject.
Thanks
2 posted on 05/19/2002 6:03:01 PM PDT by Fish out of Water
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
In a nutshell, the 14th Amendment was rejected by enough states to nullify ratification so the North forcefully removed all the southern state legislators and governors by declaring that they were not lawfully elected. They then placed in their own carpetbaggers who dutifully voted for the amendment when it was reintroduced.

The big stumbling block that the pro-14 can't get past is if the Southern legislators were lawful enough to ratify the 13th Amendment, why weren't they lawful enough to reject the 14th?

Do some of you Yankees begin to understand why the South is STILL ticked about the War of Northern Conquest?

3 posted on 05/19/2002 6:11:42 PM PDT by Blood of Tyrants
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
Despite the obvious deficiencies, the 14th Amendment is unconstitutional only if:

- you can find someone to litigate against it because they are or have been harmed by its existence.

- that person has the nerve and the deep pockets to take their argument all the way to the Supreme Court. If the government were to lose at any level, they would certainly appeal to the highest level. If the litigant loses, they would have to continue appealing and hope that the Supremes will see fit to hear it.

- the Supreme Court has the cajones to declare it null and void.

Similar arguments relating to errors in the ratification process have been made forever about income taxation, but no judge has ever, to my knowledge, ever come out and said that the 16th Amendment is null and void. And IMHO, no judge, even if convinced that it should be null and void, ever will.

So the amendments will stand unless specifically repealed by legislative action; the rest is nice table talk signifying nothing.

6 posted on 05/19/2002 6:19:56 PM PDT by litany_of_lies
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
I would guess that, regardless, the 14th Amendment would be re-reatified by the States and with the approval of the people if necessary. I think discussion of it's illegality/legality is fairly useless. It was indeed "shoved down the throat" but it remains that it has since been swallowed successfully.

The 14th Amendment is in reality an amazingly good amendment in practice. Especially for one generated by a Radical Congress. The 14th is fine when it is balanced by strong States that stand up for themselves. This has certainly not always been the case.

Recently, the Sons of Confederate Veterans won a case where the State was attempting to deny them the same free speech rights afforded to any other historical/heritage group because the majority's perception of their organizations symbol. They won their case on 14th Amendment grounds and rightfully so. The Federal government protected them from oppression by a State.

This is a useful thing, as long as there is also a strong way for a State to protect its citizens from Federal oppression. That method is through the 10th Amendment. Unfortunately the 10th Amendment has been violated and weakened purposefully. With the two you have a nice balance, with only one or the other you have potential oppression.
8 posted on 05/19/2002 6:44:18 PM PDT by Arkinsaw
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
I thought it might help the discussion to have the text.

Amendment XIV

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.

Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

15 posted on 05/19/2002 7:36:34 PM PDT by Bubba_Leroy
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
The South lost.

We are all created equal.

The amendment passed.

Get over it.

16 posted on 05/19/2002 7:39:06 PM PDT by Vladiator
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
Talk about opening a can of worms...........
24 posted on 05/19/2002 8:42:43 PM PDT by fella
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
The Joint Resolution proposing the Fourteenth Amendment was never presented to the President of the United States for his approval, as President Andrew Johnson stated in his message on June 22, 1866.

This objection would wipe out most constitutional amendments, including #'s 1-10. Not that it isn't a valid objection, but one shouldn't be under the impression that it's unique to this amendment.

As for the larger question does anyone here know of any instance in American legal history where a law was declared invalid, after it was reputed to have gone into effect, on the grounds that the proper procedure for passing it had not been followed? I have to wonder if there's any precedent for this.

26 posted on 05/20/2002 8:19:23 AM PDT by inquest
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
Boss Leander Perez of Plaquemines Parish was one of the reasons why a Fourteenth Amendment was a good thing. Anyone who's interested in his disgraceful career can do an Internet search. There should be some check on these bosses grip on their fiefdoms. The Fourteenth Amendment provides that.

Leaving the ratification history aside, whether the Fourteenth Amendment or something similar to does fit into the Constitutional scheme is an interesting one. Some protection for the rights of individuals against state and local governments seems to be a reasonable contribution to the Framers' program.

Of course it was a change. That's why the Fourteenth Amendment was an amendment, like the Bill of Rights were amendments to the original documents. But one can view it more as a completion or contribution to the original plan. Not to have provided such protection would have been a mistake.

Automatic citizenship for the children of people just of the plane or boat does seem to be a mistake. That can also be rectified by the amendment process.

29 posted on 05/20/2002 8:52:21 AM PDT by x
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
Ther reason the 14th amendment took the form it did is directly related to the treason of the people in the so-called seceded states.

Walt

36 posted on 05/20/2002 10:27:24 AM PDT by WhiskeyPapa
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
Point of Information
US Constitution Article V: "No State, without its consent, shall be deprived of its equal suffrage in the Senate."
37 posted on 05/20/2002 10:38:48 AM PDT by stainlessbanner
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
The purported Fourteenth Amendment to the U.S. Constitution is and should be held to be ineffective, invalid, null, void, and unconstitutional for the following reasons: . . . 2. The Joint Resolution was not submitted to the President for his approval as required by Article 1, Section 5 of the Constitution.

What language in Article 1, Section 5 are you relying upon here? Did you mean to cite Article 1, Section 7? I believe that in Hollingsworth v. Virginia (1798), the Supreme Court held that Article V does not require that constitutional amendments be submitted to the President for approval or veto. That case concerned the Eleventh Amendment.

More generally, assuming that you believe that there is a need to resolve the interesting issues that you have raised, which branch(es) of our government do you believe is/are constitutionally authorized to resolve which issues with finality?

107 posted on 05/21/2002 10:39:59 AM PDT by ned
[ Post Reply | Private Reply | To 1 | View Replies ]

To: aconservaguy
2. The Joint Resolution was not submitted to the President for his approval as required by Article 1, Section 5 of the Constitution.

At this point, I know that there's no point in bothering to read any further. The President has no role whatsoever in the process of amending the Constitution.

123 posted on 06/14/2002 6:35:29 PM PDT by steve-b
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson