Additionally, what I am defending is our Constitution and its amendment process, which is the only way to grant power to Congress to adopt and enforce "legislation" as expressed in the "Equality Act". You apparently have no problem with Congress exercising powers not granted, and reject our very system of government in which consent of the governed is its cornerstone.
We have been there . Give it a damned rest
Yes. We have covered the alleged delegation of power to Congress to adopt and enforce legislation forbidding distinctions being made based upon sex. And, as it turns out, the only delegation of such power ___ to adopt "appropriate legislation" ___ forbidding distinctions based upon sex, is found in the 19th Amendment.
Let us look at historical facts regarding whether or not Congress has been delegated a power to prohibit, by legislation, state action making distinctions based upon sex [excluding of course the 19th Amendment], or prohibiting, by legislation, citizens or persons in a state to make distinctions based upon sex in their social or commercial activities.
In 1866 Congress passes a “Civil Rights Act under the authority of the Thirteenth Amendment. The purpose of the Act, as stated by its author, Senator Trumbull, was to "break down all discrimination between black and white men."
The Act goes on to declare:
“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens,
of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States,
to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.” Keep in mind there is no mention of “sex” in the Act.
In 1870 the Fifteenth Amendment is passed prohibiting the right to vote to be denied based upon “race, color or previous condition of servitude”.
Please note that “sex” is not yet mentioned in our Constitution.
After the passage of the Fourteenth and Fifteenth amendments Congress passes the Civil Rights Act of 1875, which begins:
“An Act to Protect All Citizens in Their Civil and Legal Rights.
Whereas it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all,
of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law: Therefore …”
Up to this point in time there is still no delegated power authorizing Congress to legislate protection with respect to “sex”. But in 1920, the American People decide by adopting the Nineteenth Amendment, to delegate to Congress power to provide by "appropriate legislation" that the right to vote
"shall not be denied or abridged by the United States or by any State on account of sex."
In 1957 Congress passes another Civil Rights Act creating a Commission on Civil Rights. Its duties include investigating allegations that "certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of their
color, race, religion, or national origin."
Then, in 1964,
without any constitutionally authorized power, Congress decides to enact the 1964 Civil Rights Act, part of which prohibits distinctions in the workplace based upon “sex”.
In fact, not only did Congress act without Constitutional authority to prohibit distinctions in the workplace based upon sex, but the American People, for generations, refuse to adopt an Equal Rights Amendment that would grant legislative power to Congress to prohibit
government actions from making distinctions based upon sex ___ the first appearing in the 1920s, and in the 1980s, the people specifically and purposely reject the Equal Rights Amendment "
Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex" , which was intended to allow Congress to enact "appropriate legislation" to prohibit government actions making distinctions based upon “sex”.
So, here we are today, in a situation where the rule of law is being ignored, along with historical facts, and people like you embracing Congress’ usurpation of power.
JWK
The Equality Act attempts to exercise legislative power proposed under the “Equal Rights Amendment” which was wisely rejected by the American people, and thus, to this degree, the Act is an attempted usurpation of power not granted.
