All About Immigration

Monday, December 26, 2005

Constitution's Citizenship Clause Misread

July 8, 2005, Albert Burns wrote:
The 14th Amendment was never legal nor Constitutional from it's very inception.

The 14th Amendment was soundly defeated when it was rejected by all but one of the southern States and all of the so-called "border" states. Iowa and Massachusetts had also failed to ratify it by the beginning of March, 1867. The radicals had only 21 ratifications of the 28 needed.

What to do?

Those in power in the Republican Party which controlled the Congress at that time rammed through the Reconstruction Act of 1867.
In other words, this illegal Congress - for purposes of excluding Representatives and Senators from southern states - considered those states OUT of the union. For purposes of getting the 14th Amendment ratified, this Congress considered the states IN the union. When they refused to ratify the amendment, the Congress simply abolished their governments and set up "reconstruction" legislatures, controlled by northern military power. Now these states were again treated as OUT of the union until they ratified the 14th Amendment - although the Constitution clearly requires that only states which are IN the union may act on amendments.

By July, 1868, Iowa and Massachusetts and six of the "reconstructed" states had ratified this 14th Amendment which would have added 8 states to the original 21 states for a total of 29 ratifications. HOWEVER, the legislators of two northern states had ben so incensed by the whole outrageous manner in which this amendment was being forced through that they had RESCINDED their previous ratifications. (Illinois rescinded on January 15, 1868 and New Jersey on March 24, 1868.) Therefore, there were only 27 ratifications when 28 were required.

On July 20, 1868, then Secretary of State William Seward proclaimed that 3/4 of the states had ratified the 14th Amendment IF the legislatures in the six former confederate states were authentically organized and IF Illinois and New Jersey were NOT allowed to rescind their ratifications. The radical Congress did not like the equivocation and on July 21, 1868, Congress passed a joint resolution simply DECLARING that the 14th Amendment was a part of the Constitution and directing Seward to declare it legally ratified. WHAT TO YOU THINK?

Link: Illegality of Fourteenth Amendment! By Albert Burns,
July 8, 2005
NewsWithViews.com