Author Topic: There is No Fourteenth Amendment?  (Read 9272 times)

Offline TheResister

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Re: There is No Fourteenth Amendment?
« Reply #15 on: May 13, 2016, 08:45:22 PM »
Seems I'm a little late to the party, but I wanted to leave a link with you:

Legal scholars, historians and patriots have been discussing this subject for years.  But, let's face it:

Without the 14th Amendment, it takes the anchor baby discussion OFF the table.  Then we're back to the issue that non-whites will not be citizens.  As you know, the Constitution came into force in 1789.  It was followed by the Naturalization Act of 1790 which limited citizenship to free white persons of good character.

That law was amended several times up until non-whites were allowed to be citizens after the illegal ratification of the 14th Amendment. 

If you're into the whole equality thing and you're squeamish, then what I have to say here is probably not for you:

We don't have the votes to return to the original intent of the Constitution.  Still, the people have choices.  One choice is to educate the people you know and to practice the non-violent political and legal avenues of redress.  If more and more people do not acknowledge the law to the best of their ability (passive resistance) coupled with education and civil disobedience when appropriate, you start to chip away at an illegal law until it has no force.

Offline Liquid Reigns

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Re: There is No Fourteenth Amendment?
« Reply #16 on: May 14, 2016, 01:40:22 PM »
Let's say for a moment there is no 13th, 14th, or 15th Amendments, you do realize that there are laws already that define what those amendments pretty much declare, right? The 14th for example regarding Citizenship: The 1866 Civil Rights Act is still law and is what would be reverted to, in which it grants all rights and citizenship to all male persons in the US without distinction of race or color. So, no it would not revert back to whites were only allowed citizenship.

Non-whites were allowed to be state citizens of the state in which they resided, they were only denied US Citizenship. They were still allowed to be Congressman in the US Congress. So the 14th Amendment has little to no bearing on much of anything regarding citizenship, if you want to change citizenship status you need only pass a law to do so. Here it is directly from Justice Grey in the Wong Kim Ark decision:

In the forefront both of the Fourteenth Amendment of the Constitution and of the Civil Rights Act of 1866, the fundamental principle of citizenship by birth within the dominion was reaffirmed in the most explicit and comprehensive terms.

The Civil Rights Act, passed at the first session of the Thirty-ninth Congress, began by enacting that

all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States, and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains and penalties, and to none other, any law, statute, ordinance, regulation or custom to the contrary notwithstanding.

No one doubts that the Amendment, as soon as it was promulgated, applied to persons of African descent born in the United States, wherever the birthplace of their parents might have been, and yet, for two years afterwards, there was no statute authorizing persons of that race to be naturalized. If the omission or the refusal of Congress to permit certain [p704] classes of persons to be made citizens by naturalization could be allowed the effect of correspondingly restricting the classes of persons who should become birth, it would be in the power of Congress, at any time, by striking negroes out of the naturalization laws, and limiting those laws, as they were formerly limited, to white persons only, to defeat the main purpose of the Constitutional Amendment.

The 14th Amendment really has no bearing on much of anything and is merely declaratory of what is/was existing law already. It is the Naturalization Laws that need changed, not whether the 14th was ratified or not.
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