POC NL # 27 - A review of the last 52 words of the 14th Amendment’s Section 1 – known as the “Due Process and Equal Protection” clause.
This is the bludgeon the federal courts have used to: remove prayer and the Bible from our schools, strip our religious symbols and historical artifacts from the public square, usurp state sovereignty over pornography, water down sovereignty over moral issues, and attack so many of our traditional values like marriage and more.
The 14th Amendment’s Due Process Clause, passed in 1868, is the tool the courts have used to give themselves power over state sovereignty contrary to original intent. Remember, the Bill of Rights was created, in 1789, by the states over a concern that the newly formed federal government could acquire too much power.
The Bill of Rights was intended to protect against this potential abuse of federal power, not to be turned back against the states.
Let’s look at the due Process clause in the 14th Amendment.
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; …”
The plain meaning of this first part of this clause is that states can no longer make or enforce laws that would abridge the privileges or immunities that have been traditionally protected by the Constitution from federal abuse. This was intended to raise the privileges and immunities of those previously enslaved to those enjoyed by the rest of the citizens.
The 1st Amendment’s prohibition against the federal government:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; …,"
is not a privilege or immunity protected by the 14th Amendment. It is a God-given right that was protected from federal government intrusion by the Bill of Rights and should never have been incorporated into the 14th Amendment by the courts, effectively removing that right to establish and practice religion from the states and their citizens.
The second half of this clause 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 plain meaning is that the states are now prohibited from doing the same things that the 5th Amendment has prohibited the federal government from doing without the due process of law. This is not saying the states have any less power, or that the Bill of Rights should be applied to the states. This clause is simply protecting the life, liberty, and property of those persons previously enslaved, and elevating their citizenship status to those around them, and assuring all people are now treated equally.
The Courts have since ruled, however, that the Fourteenth Amendment incorporates the Bill of Rights and imposes its limitations upon the states, therefore removing state’s and citizen’s rights that were previously protected by the Bill of Rights from this federal usurpation of powers.
These current rulings could not be further from the truth!
There is certainly nothing in the 14th Amendment that would even suggest that anyone should be protected from being offended by any of the values, symbols, and practices that have been in place since, and as a result of our founding.
The present day ruling is diametrically opposed to the first Supreme Court ruling on the 14th, in 1872 four years after it passed, where they said:
“We doubt very much whether any action of a State not directed by way of discrimination against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision [of the 14th Amendment].
See POC NL’s #23
The next POC NL will explain how the courts have intruded even further into our rights and violated our liberties by claiming historic markers and other artifacts, are an establishment of religion and violate their contrived interpretations of the 1st and 14th Amendments.
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