POC Newsletter #18 – Will the real 14th Amendment step forward?
“The obstacles to usurpation and the ability to resist increase with the increased size of the state, provided the citizens understand their rights and want to defend them.” (emphasis added)
Federalist 28 – Hamilton, pg. 113, Federalist Papers in Modern Language
"No man is entitled to the blessings of freedom unless he be vigilant in its preservation."
-- General Douglas MacArthur http://www.freedomkeys.com/vigil.htm
Prior newsletters have hammered home the following points:
Judges are commissioned only with the power to judge under and according the original intent of the Constitution and those laws flowing from it. No law, no lawgiver intent, no authority to judge, and NEVER any authority to revise!
The Constitution does not confer rights, it protects our God given rights that preceded the Constitution.
Congress is the only branch of government commissioned to make law and set public policy because they are closest to, accountable to, and more easily controlled by; - the people.
The intent of the 14th Amendment was: “…to provide citizenship for former slaves and give them full civil rights.”
The context was: The Fourteenth Amendment[‘s] … creation took place within the context of concerns over the mistreatment of blacks in the South, …” (see newsletter #17) (To be fair, history also records mistreatment of blacks in the North.)
14th Amendment, Section 1, says:
“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.”
The critical things to note here is that preventing any State from:
“… make[ing] or enforce[ing] any law which shall abridge the privileges or immunities of citizens of the United States”
and preventing the States from:
“…deprive[ing] any person of life, liberty, or property, without due process of law; nor deny[ing] to any person within its jurisdiction the equal protection of the laws,”
was intended to give preexisting privileges, immunities, and rights to those who had been previously enslaved!
Preexisting God given rights included the right to pray, worship, display the Ten Commandments, and other Christian symbols, etc., by individuals and state and local governments, as guaranteed by the 1st Amendment.
The only authority the States gave up through, the 14th Amendment, were those powers previously protected by the Constitution to enslave blacks.
(See Art. I, Sect. 9, clause 1, and clause 4; Art. IV, Sect 2, clause 3; and Art V, last sentence in clause 1.)
Slaves were not considered Citizens prior to passage of the 14th Amendment, and therefore were not accorded the rights of Citizenship as entitled by Art. IV, Sect. 2, clause 1. The 14th Amendment changed that.