The Constitution of the United States – Part 13

The United States Constitution – Part 13

The Fourteenth Amendment

The 13th, 14th and 15th Amendments are collectively known as the Reconstruction Amendments.  Of those three, the 14th is the most complicated and the one with the most unforeseen repercussions and court proceedings.
(As an important sidebar for these amendments for political and historical accuracy – especially in light of all the dung being slung by people invested in making America the bad guy these days – it’s interesting to point out that slavery was by no means odd or unusual throughout the world for millennia before America came into existence.  It was common among ancient Egyptians, Babylonians, Assyrians, Greeks, Persians and virtually every other culture on the face of the planet.  Large numbers of Christians were enslaved during the Ottoman wars in Europe.  White slaves were common in Europe from the Dark Ages to the Middle Ages.  It was only after 1600 AD that Europeans joined with Arab and African nations to participate in the Atlantic slave trade. ~ Walter E. Williams,
So let’s look at the 14th Amendment:
 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.
 Even after the Civil War, the Emancipation Proclamation and the passage of the 13th Amendment, it was not an easy time for former slaves.   Cruelty and abuse continued, some states “forbid them to appear in towns in any other character than menial servants”, they were not allowed to own land and were excluded from many occupations.
The southern states, to circumvent the 13th amendment, established Black Codes as a way of controlling ex-slaves, so Congress had to put those states into five districts under military rule (martial law) and prohibited their congressmen’s re-admittance to Congress until several steps had been taken.   Several state constitutions had to be rewritten as a result of this Amendment.
The Fourteenth Amendment was created to guarantee that all former slaves were granted automatic United States citizenship and that they would have all the rights and benefits that other citizens enjoyed which overturned the Dredd Scott case which excluded negroes. Because of the volatility of the issue, it took more than two years to ratify this amendment.  This Amendment contains three important clauses:  the Citizenship clause, the Due Process clause and the Equal Protection clause.
The unfortunate consequence of this Section is it opened the floodgate in current times for “anchor babies” who are born in the United States to illegal alien parents.  This clearly is a misinterpretation of the original intent of the 14th Amendment.   The United States did not limit immigration back in 1868 because we were a growing country of immigrants when the 14th Amendment was ratified, so the authors foresaw no need to address immigration explicitly in the amendment.
By not addressing this abuse of the 14th Amendment and not enforcing current immigration law, the funds that state and local governments must provide to anchor babies amounts to a staggering virtual tax on US citizens to subsidize illegal aliens.
Section 2.  Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State. . .
 This section gets rid of the “blacks counted as 3/5 of a person” language.  Of course, at this point in time, the “respective numbers” of people for the purpose of representation included only males over the age of 21.
Remember that the number of US House seats is fixed at 435, so reapportionment weighted by the presence of illegal noncitizens means that if a given state gains a House district, another state must lose one.  This means that the states with larger populations based on the Census because of illegal populations are likely to end up with more House seats and effectively dilutes the votes of legal citizens in states having lower proportions of illegal aliens.
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 any state . . . who shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. . .
 I’m not sure anyone in Congress has read this Section. . . ha
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.
This section goes on to say the US government or any state cannot assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States.    (The United Nations did not exist at this time.  Nor could the founders conceive of the  possibility that  the United States would be sending billions of dollars a year to countries who openly opposed it on every issue.)
Section 5.   The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
We all know what a great job of THAT they’re doing . . .

"Peace is that brief glorious moment in history when everybody stands around reloading" ~ Thomas Jefferson