The Immortal
New member
- Joined
- Oct 10, 2014
- Messages
- 13
- Reaction score
- 1
- Gender
- Male
- Political Leaning
- Very Conservative
Article 5 of the US Constitution states:
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
To begin with, the Southern States were FORCED to ratify the 14th amendment under the Reconstruction Acts of 1867 or face military occupation and those States and the citizens within would have no representation in congress until they ratified. Clearly this was unconstitutional according to Article 5 "no state, without its consent, shall be deprived of its equal suffrage in the Senate". The signatures from the Southern States are no more valid than a signature by a landowner who was forced to sign over his property with a gun pointed at his head.
But, for the sake of argument, let's say you can somehow rationalize that the Southern States signatures were valid. The 14th amendment was still not legally ratified. As stated in Article 5 ratification requires the legislatures of 3/4 of the states to sign. At that point in time there were 38 states. That means 29 states need to sign. While the Government claimed to have 29 signatures, Oregon and New Jersey both rescinded their earlier acts of ratification before the ratification was made legal.
The Oregon Legislature in October 1868 three months after the Secretary's proclamation was issued passed a rescinding resolution, which argued that the "Fourteenth Amendment" had not been ratified by three fourths of the States and that the "ratifications" in the Southern States were "usurpations, unconstitutional, revolutionary and void" and that, "until such ratification is completed, any State has a right to withdraw its assent to any proposed amendment."
That being the case, there were only 27 legally binding signatures (even if you accept the signatures that the Southern States gave against their will) out of 29 needed to ratify the 14th amendment.
As such, the 14th amendment is not valid.
And if you claim that it IS valid... then the constitution itself is meaningless. Because what you are asserting is that the Federal Government has the right to unilaterally change the constitution as they see fit and if the populous disagrees then they can be violently suppressed, subjugated under military rule, and denied representation in government until that populous signs onto the unilateral changes the government made.
And if that's the case... then the constitution has no meaning.
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
To begin with, the Southern States were FORCED to ratify the 14th amendment under the Reconstruction Acts of 1867 or face military occupation and those States and the citizens within would have no representation in congress until they ratified. Clearly this was unconstitutional according to Article 5 "no state, without its consent, shall be deprived of its equal suffrage in the Senate". The signatures from the Southern States are no more valid than a signature by a landowner who was forced to sign over his property with a gun pointed at his head.
But, for the sake of argument, let's say you can somehow rationalize that the Southern States signatures were valid. The 14th amendment was still not legally ratified. As stated in Article 5 ratification requires the legislatures of 3/4 of the states to sign. At that point in time there were 38 states. That means 29 states need to sign. While the Government claimed to have 29 signatures, Oregon and New Jersey both rescinded their earlier acts of ratification before the ratification was made legal.
The Oregon Legislature in October 1868 three months after the Secretary's proclamation was issued passed a rescinding resolution, which argued that the "Fourteenth Amendment" had not been ratified by three fourths of the States and that the "ratifications" in the Southern States were "usurpations, unconstitutional, revolutionary and void" and that, "until such ratification is completed, any State has a right to withdraw its assent to any proposed amendment."
That being the case, there were only 27 legally binding signatures (even if you accept the signatures that the Southern States gave against their will) out of 29 needed to ratify the 14th amendment.
As such, the 14th amendment is not valid.
And if you claim that it IS valid... then the constitution itself is meaningless. Because what you are asserting is that the Federal Government has the right to unilaterally change the constitution as they see fit and if the populous disagrees then they can be violently suppressed, subjugated under military rule, and denied representation in government until that populous signs onto the unilateral changes the government made.
And if that's the case... then the constitution has no meaning.