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Religion See other Religion Articles Title: America's Worst Scandal: The 14th Amendment America's Worst Scandal: The 14th Amendment, by J. A. Davis Funny how flashbacks of the memory work. Just the other day my mind wouldn't dismiss something I read in 1957. It was a column in U. S. News and World Report titled "There is No 14th Amendment" by the then editor, David Lawrence. Regularly, throughout all these years that column comes to mind frequently. I can't recall all of it accurately but I would like to hit on some memorable highlights. Some you know of these facts but you need to refresh yourself regularly and even more make sure your children and grandchildren are familiar with them. What was the greatest scandal in America's history? Mr. Lawrence said it was the manner in which the Fourteenth Amendment became law. Many others have agreed, to no avail, in the passing years (see links below). Before looking at the facts I'll provide, take a look at the Fourteenth Amendment. I won't try to influence your opinion. That is yours to determine. This amendment along with liberal judge's interpretation of the "Commerce Clause" of the Constitution-----to me----------represent the real root problem of virtually all the ills in America today. They turned the Constitution of The Founders into the "rule of whim" instead of the "rule of law," or better put, created the opportunity to define the Constitution to suit their own purposes of the moment. It was in the context of the earlier debates about judicial review and the federal government defining its own powers that brought Thomas Jefferson to write in 1819 that, "The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please." Further, in the same 1819 letter to Spencer Roane, Jefferson wrote, "My construction of the Constitution is... that each department is truly independent of the others and has an equal right to decide for itself what is the meaning of the Constitution in the cases submitted to its actions; and especially where it is to act ultimately and without appeal." Indeed, Jefferson corresponded extensively on the subject. More can be found here. Or just do a Google search on "Jefferson+judicial+review". The proponents of consolidation were successfully defeated time and time again during the early decades of American history, but Lincoln's war to prevent Southern Indepdence was the catalyst that provided the consolidationists their chance to kill the original republic. When the Fourteenth Amendment was proposed on July 20, 1868 there were 37 states in the Union. That means that ratification by 28 was necessary to make the amendment part of The Constitution. Only 21 states legally ratified it. It failed ratification. Outside the South, six states, New Jersey, Ohio, Kentucky, California, Delaware and Maryland failed to ratify the proposed amendment. In the South, ten states, Texas, Arkansas, Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi and Louisiana rejected it in their legislatures. A total of 16 of the 37 legislatures failed legally to ratify the Fourteenth Amendment. That leaves 2l----not 28---that did, and Oregon later rescinded. Congress which had deprived the Southern States of their seats in both U.S. legislative houses, did not lawfully pass a resolution of submission in the first place. The Southern States which had rejected the amendment were coerced by a federal statute passed in 1867 that took away the right to vote and hold office from all citizens who had served in the Confederate Army or Government. Federal military governors were appointed and instructed to prepare the roll of voters (a power reserved to states). All this happened in spite of the President Johnson's previously issued proclamation of amnesty. New state legislatures were chosen and forced to ratify the travesty under penalty of continued exile from the Union (taxation with NO representation). A Union General was sent to preside over the legislature of Louisiana. Congress in 1867 passed a law that the Southern States could not have representation in the upcoming Congress unless they ratified the Fourteenth Amendment. Where in he Constitution does it allow Congress to compel a state to ratify an amendment? President Johnson vetoed this clearly unconstitutional act and Congress proceeded to pass it over his veto. Then, the legislatures of Ohio and New Jersey notified Secretary Seward that they had rescinded their approval of the Fourteenth Amendment. This was before the amendment was proclaimed as passed. Oregon followed after Ohio and New Jersey were ignored, and declared its recission based on an insufficient number of states had ratified and the ratifications by Southern States were "usurpations" and not Constitutional. Andrew C, McLaughlin, asked the question is his book "Constitutional History of the United States": "Can a State which is not a State and not recognized as such by Congress, perform the supreme duty of ratifying an amendment to the fundamental law? Or does the State, by Congressional thinking, cease to be a State for some purposes and not for others?" Lincoln had declared (falsely) that the Southern States never left the Union. Then the U.S. Congress declared that they were NOT States---they could not have Congressional representation or even independent State legislatures until each State----er, "entity," complied with Congressional mandates to ratify the 14th Amendment....which of course, non-States lack the authority to do. Is ratification at the point of a bayonet really "ratification?" Is "union" at the point of a bayonet really a "union?" Albert Taylor Bledsoe in his book "Is Davis A Traitor?" put it this way... "If the right of secession be denied... and the denial enforced by the sword of coercion; the nature of the polity is changed, and freedom is at its end. It is no longer a government by consent, but a government of force. Conquest is substituted compact, and the dream of liberty is over." Here, then, for the present and future generations, is the sordid story of the Fourteenth Amendment. David Lawrence was right, it was "A record of disgrace to free government and government of law." The story of the Fourteenth Amendment serves to underscore the fact that our "rule of law" and the principles of the Constitution really died with the war in 1865. All case law built on the "foundation of sand" that is the Fourteenth Amendment is not worth the paper it's written on. There are no rules other than what the "empire's umpires" say there are. Jeff Davis is a retired radio-TV journalist living in Gainesville, GA. Active in civic and political affairs, he is past president of the Georgia Jaycees, former vice president of the US and the world Jaycees, former campaign chairman of the Georgia Republican party. He voluntarily serves as president of the International Association for the Restoration of Confederate History and the Georgia Heritage Council. He is a collateral descendant of President Jefferson Davis.
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#1. To: CWRWinger (#0)
This is accurate. The U.S. has been a martial law/merchant state since 1865.
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