Opinion

Ratifying the Fourteenth Amendment

We-the-PeopleRS

Part 4 of 4

The Unconstitutional Fruit of an Unconstitutional Amendment

It was now demanded of the ten Southern States under military government that statehood would not be regained unless they ratified the 14th Amendment. Six Southern states complied with the reconstructive coercion, and with the ratifications of South Carolina and Louisiana on July 9, 1868, Congress declared the 14th Amendment ratified, ignoring the rescissions of Ohio, and New Jersey, and the impending rescission of Oregon. By law, however, the official recognition of ratification of a constitutional amendment, rested with the Secretary of State, William H. Seward. Seward proclaimed ratification of the 14th Amendment on July 20, but in his written and oral proclamation he referred to the questionable status of the Ohio and New Jersey ratifications in view of their later rescissions. Congress was unhappy with this. The next day, assuming the function of the Secretary of State, Congress proclaimed by joint resolution that the 14th Amendment was officially ratified. On July 28, Seward bowed to the Congressional resolution of the 21st and proclaimed the Amendment ratified. With all the irregularities, frauds, and coercions involved, however, what fair minded person would recognize the 14th Amendment as constitutional? Yet it is accepted as such, and there are now many precedents in law based on the 14th Amendment.

The 14th Amendment in many senses turned the original Constitution and the first Ten Amendments on their head. With the 14th Amendment, the nation has progressed from a philosophy of decentralized, limited government to a government increasingly characterized by highly centralized power. States Rights, once an essential check against excessive executive, judicial, and congressional power were reduced to a meek whisper, until their recent resurrection by the Tea Party movement in 2009.

Before the “Civil War,” Reconstruction, and the 14th Amendment, no federal judge would have dared contemplate removing the Ten Commandments from the Alabama Supreme Court building (2003) or striking down state legislation on abortion, much less making laws that forced young children to be bussed across a county to achieve an ideal racial balance, or prohibiting Bibles in schools and prayer at high school athletic events. They certainly would not have contemplated overturning state marriage laws and referendums. In addition, Congress now passes sweeping legislation that is clearly beyond the bounds of their enumerated powers in the Articles of the Constitution and in violation of the Bill of Rights, especially the 10th Amendment.

The 14th Amendment has some positives. More attention is paid to individual civil rights and due process, but this has come at the price of considerable loss of freedom and liberties to individuals, businesses, churches, civic, educational, and social organizations, and various spheres of local and state government. It also made us a coercive rather than a voluntary society. Every year under the penumbra of the 14th Amendment, we progress further toward totalitarian government with little accountability or responsiveness to the governed or any concern for constitutional limits of power.

The history of the passage of the 14th Amendment unveils a remarkable corruption of the spirit of liberty and flagrant despotism that has been covered with decades of politically correct whitewash. Such demonstrations of human depravity and course tyranny, though shameful, should not be covered up by a misguided sense of American patriotism. Few things are as necessary to a just society as truth. Hence a sine qua non of all genuine patriotism is a high regard for truth. Truth is always the high ground.

Summary of Why the 14th Amendment to the U. S. Constitution Is Invalid

Twenty-three Senators and fifty-eight Representatives were unlawfully excluded in securing the necessary two-thirds majority to adopt the Joint Resolution. The Senators included twenty-two Senators from eleven Southern States and one from New Jersey.

(Violates Article I.2, I.3, and V of U. S. Constitution)

The joint Resolution was not submitted to the President for approval.

(Violates Article I.7)

The proposed Amendment was rejected by more than one quarter of the States and never received the required approval three-fourths of all States in the Union.

(Violates Article V)

The governments and legislatures of ten States that had rejected the Amendment were unlawfully removed by military force and their reinstatement made contingent upon approving the Amendment.

(Violates Article IV.4)

The Proclamation declaring the 14th Amendment valid included five States whose lawful legislatures had been replaced by unlawful puppet legislatures and two States (Ohio and New Jersey) whose legislatures had rescinded their initial approval.

(Violates Article IV.2 and V)

Remarkable Quotes

In a postwar interview with former Confederate Lt. General Richard Taylor (son of President Zachary Taylor), Thaddeus Stevens, Chairman of the House Rules Committee, called the Constitution “a worthless bit of old parchment.”

“The intent of the Reconstruction Act is to work a radical reorganization in Southern institutions, habits, and manners, and to break up the foundations of their institutions.”—Thaddeus Stevens

“Greed of office, curse of democracies, will impel demagogues to grovel deeper and deeper in the mire in pursuit of ignorant votes.”—Richard Taylor

“For the tree is known by its fruit.”—Matthew 12: 33b

“Whoever conceals his transgressions will not prosper, but he who confesses and forsakes them will obtain mercy.” Proverbs 28: 13, ESV.

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