The unconstitutional 14th Amendment – Part 1 of 4

Introduction

This treatise on the unconstitutionality of the Fourteenth Amendment is based upon the most comprehensive research and documentation of every angle concerning the unlawful procedures involved in its purported adoption.

This work was done and is offered with a realization that the federal courts are not ready to give consideration to the subject, because the U. S. Supreme Court and inferior courts have used the 14th Amendment to enlarge upon their ungranted powers without limit or reserve.

Socialist organized and directed violent mass demonstrations and armed rebellion in the nation’s capital and in many American cities are extorting from Congress more and more radical legislation. These "laws" threaten basic personal freedom, private property rights and encroach upon and destroy more and more the constitutional right of self-government by the people on state and local levels. Executive orders extend toward further federal control of every aspect of life in the nation, either by shutting off federal funds to those who will not subscribe to their forced dictums or by court injunctive orders to the same effect.

There lies the greatest danger to our country’s future: so that the end result in the next or succeeding generation can only be a deteriorated industrial empire and a weakened national defense, which must result in abject surrender to our mortal enemy – world-wide socialism and totalitarianism. That is the ultimate end of the subversive use of the unconstitutional 14th Amendment.

It is hoped that this treatise, exposing the absolute unconstitutionality of the l4th Amendment, will be given sufficient general circulation and publicity to awaken a "consensus" of public sentiment to reach the seats of power in Washington, D.C., so that ultimately the stamp of unconstitutionality may be placed upon the 14th Amendment, and constitutional government and national sanity once more may prevail.

Cites and References:
Congressional Record –
Senate, 84th Con. 1st Session., Vol. 101, pp. 7119 to 7124;
Senate, 86th Con., 2nd Session., Vol. 106, pp. 4036 to 4038;
Senate, 89th Con., 1st Session., Vol. III, pp. 10669 to 10671.

The 14th Amendment is unconstitutional

The purported 14th Amendment to the United States Constitution is and should be held to be ineffective, invalid, null, void and unconstitutional for the following reasons:

The unconstitutional Congress

The U.S. Constitution provides in Article I, Section 3: "The Senate of the United States shall be composed of two Senators from each State."

Article V provides: "No State, without its consent, shall be deprived of its equal suffrage in the Senate."

The fact that 28 Senators had been unlawfully excluded from the U.S. Senate, in order to secure a two-thirds vote for adoption of the Joint Resolution proposing the 14th Amendment is shown by Resolutions of protest adopted by the following State Legislatures.

The New Jersey Legislature, by Resolution of March 27, 1868, protested as follows:

"The said proposed amendment not having yet received the assent the three-fourths of the states, which is necessary to make it valid, the natural and constitutional right of this state to withdraw its assent is undeniable.

"That it being necessary by the constitution that every amendment to the same should be proposed by two-thirds of both houses of congress, the authors of said proposition, for the purpose of securing the assent of the requisite majority, determined to, and did, exclude from the said two houses eighty representatives from eleven states of the union, upon the pretence that there were no such states in the Union: but, finding that two-thirds of the remainder of the said houses could not be brought to assent to the said proposition, they deliberately formed and carried out the design of mutilating the integrity of the United States senate, and without any pretext or justification, other than the possession of the power, without the right, and in palpable violation of the constitution, ejected a member of their own body, representing this state, and thus practically denied to New Jersey its equal suffrage in the senate, and thereby nominally secured the vote of two-thirds of the said houses." 1

The Alabama Legislature protested against being deprived of representation in the Senate of the U.S. Congress.2

The Texas Legislature by Resolution on October 15, 1866, protested as follows:

"The amendment to the Constitution proposed by this joint resolution as article XIV is presented to the Legislature of Texas for its action thereon, under Article V of that Constitution. This article V, providing the mode of making amendments to that instrument, contemplates the participation by all the States through their representatives in Congress, in proposing amendments. As representatives from nearly one-third of the States were excluded from the Congress proposing the amendments, the constitutional requirement was not complied with; it was violated in letter and in spirit; and the proposing of these amendments to States which were excluded from all participation in their initiation in Congress, is a nullity." 3

The Arkansas Legislature, by Resolution on December 17, 1866, protested as follows:

"The Constitution authorized two-thirds of both houses of Congress to propose amendments; and, as eleven States were excluded from deliberation and decision upon the one now submitted, the conclusion is inevitable that it is not proposed by legal authority, but in palpable violation of the Constitution." 4

The Georgia Legislature, by Resolution on November 9, 1866, protested as follows:

"Since the reorganization of the State government, Georgia has elected Senators and Representatives. So has every other State. They have been arbitrarily refused admission to their seats, not on the ground that the qualifications of the members elected did not conform to the fourth paragraph, second section, first article of the Constitution, but because their right of representation was denied by a portion of the States having equal but not greater rights than themselves. They have in fact been forcibly excluded; and, inasmuch as all legislative power granted by the States to the Congress is defined, and this power of exclusion is not among the powers expressly or by implication, the assemblage, at the capitol, of representatives from a portion of the States, to the exclusion of the representatives of another portion, cannot be a constitutional Congress, when the representation of each State forms an integral part of the whole.

"This amendment is tendered to Georgia for ratification, under that power in the Constitution which authorizes two-thirds of the Congress to propose amendments. We have endeavored to establish that Georgia had a right, in the first place, as a part of the Congress, to act upon the question, ‘Shall these amendments be proposed?’ Every other excluded State had the same right.

"The first constitutional privilege has been arbitrarily denied.

"Had these amendments been submitted to a constitutional Congress, they never would have been proposed to the States. Two-thirds of the whole Congress never would have proposed to eleven States voluntarily to reduce their political power in the Union, and at the same time, disfranchise the larger portion of the intellect, integrity and patriotism of eleven co-equal States." 5

The Florida Legislature, by Resolution of December 5, 1866, protested as follows:

"Let this alteration be made in the organic system and some new and more startling demands may or may not be required by the predominant party previous to allotting the ten States now unlawfully and unconstitutionally deprived of their right of representation to enter the Halls of the National Legislature. Their right to representation is guaranteed by the Constitution of this country and there is no act, not even that of rebellion, can deprive them of its exercise." 6

The South Carolina Legislature by Resolution of November 27, 1866, protested as follows:

"Eleven of the Southern States, including South Carolina, are deprived of their representation in Congress. Although their Senators and Representatives have been duly elected and have presented themselves for the purpose of taking their seats, their credentials have, in most instances, been laid upon the table without being read, or have been referred to a committee, who have failed to make any report on the subject. In short, Congress has refused to exercise its Constitutional functions, and decide either upon the election, the return, or the qualification of these selected by the States and people to represent us. Some of the Senators and Representatives from the Southern States were prepared to take the test oath, but even these have been persistently ignored, and kept out of the seats to which they were entitled under the Constitution and laws.

"Hence this amendment has not been proposed by ‘two-thirds of both Houses’ of a legally constituted Congress, and is not, Constitutionally or legitimately, before a single Legislature for ratification." 7

The North Carolina Legislature protested by Resolution of December 6, 1866 as follows:

"The Federal Constitution declares, in substance, that Congress shall consist of a House of Representatives, composed of members apportioned among the respective States in the ratio of their population, and of a Senate, composed of two members from each State. And in the Article which concerns Amendments, it is expressly provided that ‘no State, without its consent, shall be deprived of its equal suffrage in the Senate.’ The contemplated Amendment was not proposed to the States by a Congress thus constituted. At the time of its adoption, the eleven seceding States were deprived of representation both in the Senate and House, although they all, except the State of Texas, had Senators and Representatives duly elected and claiming their privileges under the Constitution. In consequence of this, these States had no voice on the important question of proposing the Amendment. Had they been allowed to give their votes, the proposition would doubtless have failed to command the required two-thirds majority.

"If the votes of these States are necessary to a valid ratification of the Amendment, they were equally necessary on the question of proposing it to the States; for it would be difficult, in the opinion of the Committee, to show by what process in logic, men of intelligence could arrive at a different conclusion." 8

Joint resolution ineffective

Article I, Section 7 of the United States Constitution provides that not only every bill which shall have been passed by the House of Representatives and the Senate of the United States Congress, but that:

"Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him shall be repassed by two-thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill."

The Joint Resolution proposing the 14th Amendment9 was never presented to the President of the United States for his approval, as President Andrew Johnson stated in his message on June 22, 1866.10

Therefore, the Joint Resolution did not take effect.

(Continued

1. New Jersey Acts, March 27, 1868.
2. Alabama House Journal 1868, pp. 210-213.
3. Texas House Journal, 1866, p. 577.
4. Arkansas House Journal, 1866, p. 287.
5. Georgia House Journal, November 9, 1866, pp. 66-67.
6. Florida House Journal, 1866, p. 76.
7. South Carolina House Journal, 1868, pp. 33-34.
8. North Carolina Senate Journal, 1866-67, pp. 92-93.
9. 14 Stat. 358 etc.
10. Senate Journal, 39th Congress, 1st Session, p. 563; House Journal, p. 889.