1. When the Constitution was signed, there was some fear that it could lead to a repressive central government- so they passed the 10 amendments known as the Bill of Rights, basic rights to protect citizens against abuse by the federal government.
True!
2. But in America, there are two government: the federal, and the government of the state in which we live. The Bill of Rights only limits what the federal government can do to us; there are no protections against human and civil rights violations by state governments. And state laws are the ones that affect our lives much more directly: police matters, public works, real estate, auto regulations, domestic relations, wills, and civil lawsuits, among other aspects of daily life.
There are also city and state governments. If you think they can't really effect you, then you have never been to Chicago, where the openly rape you!
The 14th amendment (specifically the Due Process Clause) and the case law followed it has established that the bill of rights also goes for State government. However, the Supremacy clause and the interstate commerce clause do much to supersede State laws.
But you bring up a great point on State Government abusing the people. For all the people that call out for State Government to have more authority
cough cough Kevin Kennedy
cough cough, they don't take into account the abuse State governments inflict onto the people. For starters take a look at your property tax bill (and in IL case your sales tax - 12% - that is communism)!
3. After the Civil War, the Thirteenth Amendment was enacted to prohibit slavery. But in the South and in the North, state legislatures passed hundreds of laws discriminating against blacks, such as voting, holding office, using public facilities, testifying in court, etc.
So Congress proposed the Fourteenth Amendment, which included: “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.”
Not necessarily true. The 14th amendment was ratified in 1868, Jim Crow laws were in effect and enforced well after the this. It took the courage of Martin Luther King Jr to get change to America. The real change came in the form of Fair Housing Act, the Civil Right Amendments (not to mention the Civil Right Amendment of 1868 was finally followed), the evil and unjust
Plessy v. Ferguson "Separate but Equal Clause" was overturned by
Brown v. the Board of Eduation. The 14th amendment was an important act, but with one disastrous clause (necessary for the time, but killing us now) in the birth right amendment that illegal aliens are abusing!
4. How is an amendment ratified? Article 5: “it does not become part of the Constitution unless it is ratified by three-quarters of the states (either the legislatures thereof, or in amendment conventions).”
The requisite number of states (28) ratified it in 1868. Maybe.
Article V, which is title Amending the Constitution: By 2/3 of both House mean 67 votes in the Senate (the D's currently have 60) and 290 in the house (th D's have 256 currently). OR by 2/3 of the state legislatures have to call for a constitutional convention (which would be a 2nd) and then they can change the constitution there!
5. But-
a. . When a fair vote was taken on it in 1865, in the aftermath of the Civil War, it was rejected by the Southern states and all the border states. Failing to secure the necessary three-fourths of the states, the Republican party, which controlled Congress, passed the Reconstruction Act of 1867 which placed the entire South under military rule (designed to remove with "Military force'' the lawfully constituted State Legislatures of the 10 Southern States), and they were ‘forced’ to ratify.
Desperate times call for desperate matters. We just fought the bloodiest war in US history. More Americans died in that war than all our other wars combined. Those bastards tossed away the Union and had there coming ups! So they were forced into doing a fews things. Sorry if I say
! They made their bed, so it was time for them to lay in it!
b. The Joint Resolution proposing said amendment was not submitted to or adopted by a Constitutional Congress per Article I, Section 3, and Article V of the U. S. Constitution.
c. The Joint Resolution was not submitted to the President for his approval as required by Article I, Section 7 of the U. S. Constitution.
You do recognize these was an extraordinary time, correct? That there was a losing and a winning party! If there were not measure taken to protect the newly freed slaves, then a 2nd civil war might have occurred.
d. When the State of Louisiana rejected the 14th Amendment on February 6, 1867, making the 10th state to have rejected the same, or more than one fourth of the total number of 36 states of the Union as of that date, thus leaving less than three fourths of the states possibly to ratify the same, the Amendment failed of ratification in fact and in law, and it could not have been revived except by a new Joint Resolution of the Senate and House of Representatives in accordance with Constitutional requirement.
States don't per se ratify an amendment, Congress does. 2/3 of the states can call for a constitutional convention and then vote on ratifying it then!
If you hadn't noticed, few states followed the Civil Rights Amendments of 1868/the 14th amendment until nearly a century later. Hell the courts utterly ignored them also!
e. Ohio and New Jersey-withdrew support after it was ratified.
Point? I do believe their Congressman voted for it!
So, ladies and gentlemen of the jury:
Was the Fourteenth Amendment legally and constitutionally ratified and enacted?
And, what are the ramifications if it is ruled unconstitutional?
Yes, below 2/3 of both houses and states ratified it by 1868.
Side Notes:
The Confederate States broke Article I Section 10 Clause 3 by raising armies, going into compacts with other states and engaging in war. This is grounds for the US government to take punitive measures against them.
Article II Section 3 Clause 2 gives Congress the power to decide how to punish treason. And its hard to argue that the confederate states weren't traitors.
Article I Section 6 Clause 1 states that Congressman will be compensated for their services, privileged from arrested and be allowed to attend session of Congress (meaning they can place a vote and debate issues),
except for cases of
treason, felony or breach of peace. I think taking part in the civil war for the seceding side counts as treason and a breach of peace!
They all eventually accepted it!
Nevertheless, it received the necessary State support in 1868 when it was ratified. Check the website I sited.
In 1968 30 states out 40 states ratified it, with only 27 states needed for the 2/3 vote! By 1870 you had 33 states (including TX) out of the 40 accepted it.
Note: 10 states were created after 1870: AK 1959, AZ 1912, CO 1876, HI 1959, ID 1890, ND 1889, OK 1907, SD 1889, WA 1889 and WY 1890!
Ratification of Constitutional Amendments - The U.S. Constitution Online - USConstitution.net
The 14th Amendment was ratified and entered into the constitution legally and justly!
You are 100+ years late with that reference. I was referring to the free slaves. Due process was about them. That was the purpose. The debate and legislative intent records make it very clear. The courts have bastardized the real meaning and purpose of the XIV Amendment. And in doing so, they have ceded power to themselves, that was not theirs to have, in my opinion.
