14th Amendment
[Proposed 1866; Allegedly ratified 1868.]
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.
Section 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
* * * * * * *
Analysis
Most people consider the Fourteenth Amendment as the bastion of protection of human rights. This could probably be considered true if you just read Section 1. If you go on to read Sections 2, 3, 4, and 5, it becomes obvious that the North was just trying to continue the hostilities that accompanied civil war. In other words since the North had won the war they intended to punish the South after its surrender and readmission to the Union.
Changes in the method of governing were taking place prior to the War Between the States and indeed had been happening since the ratification of the Constitution. Sometimes these changes were given color of legitimacy by a constitutional amendment, often precedence and court rulings took priority over the words of the Constitution. Federalism was largely nominal and mostly theoretical while a domineering party-controlled expansion of national (called “federal”) power exerted unbounded coercion over the States. The Federalism had given way to imperialism.
This is clearly a case of “legislation by constitutional amendment.” A better way to implement these national rules for States would be for Congress to pass legislation. The reasons for this approach are as follows:
1. Laws are often situational as this amendment is.
2. Laws can be passed with a majority vote of Congress rather than a super-majority of each house.
3. Laws don’t have to be ratified by the States.
4. Laws are much easier to repeal than constitutional amendments. (viz. 18th and 21st amendments.)
5. Laws are modifiable; constitutional amendments are not.
6. Laws are directly enforceable; constitutional amendments are not.
Most importantly:
7. Legislation by constitutional amendment weakens the Constitution by confusing the people on the purpose of constitutions.
see Key #8
The Constitution was designed to control the national government, not to control the people.
See Federalist 78.
…the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
One thing that we need to make clear is that a constitution for a free nation is not directly enforceable like laws are. It is the people’s document to control the government and the people do not have a police force, that is a government function. The only constitutional remedy lies in the selection process of the individuals holding government office. That is to say if the incumbents are not following the Constitution, then they must be replaced by individuals who will.
Analysis – Section 1
Text
Several constitutional principles are referenced. They are good principles. The amendment makes these applicable to the states as well as the federal government not in the constitutions of the states but in the national constitution. We believe that these statements are reiterated from the Constitution in this section of the amendment mostly to justify the injustices that are being put in the other sections.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Article I Section 8 gives Congress power over naturalization.
To establish a uniform rule of naturalization
The latitude Congress may have had previously is now partly stated here which leaves less congressional constitutional latitude regarding those born here.
Text
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
This is just a restatement of Article IV Section 2:
The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
Text
nor shall any State deprive any person of life, liberty, or property, without due process of law;
and this restates Amendment V:
nor be deprived of life, liberty, or property, without due process of law;
Text
nor deny to any person within its jurisdiction the equal protection of the laws.
Equal protection is probably the most significant provision of this amendment. This provision however comes with the states being subject to federal expansion and intrusion into the governance of the states.
Analysis – Section 2
Section 2 is clearly a case of legislation by constitutional amendment.
Analysis – Section 3
Analysis – Section 4
Analysis – Section 5
