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A Student Being Taught About The 14th Amendment. Photo is from a free for public use site.
Part 4 Amendments 14
During the days after the Emancipation Proclamation and the passing of the 13th Amendment the Southern White elites spewed on by the Democratic Party and their hired thugs the Klu Klux Klan or K.K.K. for short toiled long and hard to keep the recently free slaves in their place. Thus, it was necessary for the Congress to write and to pass the 14th and 15th Amendments in order to secure the rights that are meant for all citizens of the United States of America. Lately I came across an article online from a “mainline” news agency that said that the claim that the K.K.K. was founded by the Democratic party was a hoax. Well, let us see. Who would most likely be behind the K.K.K. those who were for the civil right Amendments of 13, 14 and 15 or those against them?
Since the XIV Amendment has 5 sections we will concentrate on it and leave the XV Amendment for another time.
What do you think is the correct wording of the 14th Amendment? Is it…..
a. Section 1. Any person who is living in the United States no matter how they got here, even if they sneaked in illegally are citizens of the United States and of the state where they happened to end up it. No state shall make or enforce any law which shall deny the rights of anyone living in the United States even if they are here illegally the right of citizens of the United States such as being able to vote for the President of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.
a. Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting all persons in each state whether legal or illegal. The right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, shall be given to all even to those conflicted of participating in rebellion or other crimes.
a. Section 3. Any person no matter whether or not they are a legal citizen of the United States of American and whether or not they have committed an act of rebellion against the United States or other crimes are eligible to become a Senator or Representative in Congress, or the President or Vice President or hold office, civil or military in the United States.
a. Section 4. The public debt of the United States, authorized by law, which includes payment of pensions and bounties for services in fighting against insurrection or rebellion shall be decided by each state. The United States as well as the individual states shall also pay for the loss or emancipation of any slave.
a. Section 5. The power to enforce, by appropriate legislation, the provisions of this article shall be enforced by the Governor of each State as that Governor deems fit. No, none of these sections are correct. How about…
b. Section 1. Only persons born 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.
b. Section 2. Representatives shall be apportioned among the elites of the society. The right to vote in any election for the choice of electors for the President or Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state , or the members of the legislature thereof, shall only be granted to them.
b. Section 3. Only those who are members of the elite members of the Elite society whose estates are worth at least $10 billion dollars are eligible to hold any political or military office in the Federal Government of the United States or in any of the States.
b. Section 4. The public debt of the United States that have occurred because of the recent civil war shall be addressed by each state in the manner in which they feel in appropriate.
b. Section 5. The Congress shall have the power to enforce only by the permission of the President of the United States the provisions of this article. Oh no, wrong again! How about…
c. 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. 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.
c. Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
c. 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 under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
c. 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. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
c. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Whew! At last, this is these are the correct wording of the sections of the 14th amendment.
Now that we have discovered which is the correct wording of the entire 14th Amendment, let's take a look some of the original source documents of the Senators and Representatives to see what their reasoning behind these words was.
From the Speech of Jacob M. Howard, U.S. Senator from Michigan, 39th Congress In regard to the 14th Amendment.
“Every person born within the limits of the United States, and subject to their jurisdiction, is by virtual of natural law and national law a Citizen of the United States. This will not, of course, include born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person…” (1)
From the speech of Representative Thaddeus Steven, R-PA
May 8, 1866
“I can hardly believe that any person can be found who will not admit that every one of these provisions is just. They are all asserted, in some form or other, in our DECLARATION or organic law. But the Constitution limits only the action of Congress and is not a limitation on the States. This amendment supplies that defect and allows Congress to correct the unjust legislation of the States, so far that the law which operates upon one man shall operate equally upon all. Whatever law punishes a white man for a crime shall punish the black man precisely in the same way and to the same degree. Whatever law protects the white man shall afford "equal" protection to the black man. Whatever means of redress is afforded to one shall be afforded to all. Whatever law allows the white man to testify in court shall allow the man of color to the same. .. Now, color disqualifies a man from testifying in courts, or being tried in the same way as white men. I need not enumerate these partial and oppressive laws. Unless the Constitution should restrain them those States will all, I fear, keep up this discrimination, and crush to death the hated freedmen... “( 2)
From Facing History
Congress Debates, Fourteenth Amendment
Scholar Garre Epps describes Thaddeus Stevens’s support for Section
“To Stevens...the second section was ‘the most important in the article,’
because it would ‘either compel the states to grant universal suffrage or
so...shear them of their power as to keep them forever in a hopeless
minority in the national Government.’”
Rep. James Brooks (Democrat from New York) responds to the exclusion
of women from Section 2:
“I raise my voice here on behalf of 15 million of our countrywomen, the
fairest, brightest portion of creation, and I ask why they are not permitted
to be represented under this resolution . . . Why, in organizing a system of
liberality and justice, not recognize in the case of free women as well as
free negroes the right of representation?” (3)
Analysis: There is to be no double standards when it comes to justice. Since the President and Vice President of the United States is determined by the majority vote of the Electoral College who represent the voting citizens, section 2 was put in to discourage tampering with the election process
Now that we have looked at these speeches of Congressional Debate in regard to Section 1 of the 14th Amendment it should be quite evident that they believed that all citizens should not be deprived of their liberty, property or life without just cause. There is to be no double standards when it comes to justice. Unfortunately, in our nation’s past these principals have not been lived up to. This, however, despite the propaganda that is being promoted, that the United States of America was founded on Slavery and Institutional Racism. I have a copy of the Declaration of Independence, the U.S. Constitution and the Amendments of the Constitution and have read through it and I did NOT find any language in these documents that praised slavery, or claimed that certain people were more superior than others. In fact, when you read the diaries of many of the Founding Fathers they were horrified by slavery and wished that it would come to an end even those who owned slaves. Some of them set their slaves free. Yes, they were not perfect, but neither were they all bunch of hateful racists tyrants. Also, please note it does not say the United States nor any State shall deny a person the right to life without due process unless that person is of a certain race, color, religion, age, ability or exist in a certain place of residency. I wonder then is Roe v Wade really a Constitutional right? Just wondering. Another thing, wouldn’t depriving poor people many of them of ethnic minorities the ability to buy affordable food and quality health care, but they can easily get an abortion at their “friendly” neighborhood abortion clinic the real institutional racism? Wouldn’t that be called genocide? Just wondering.
Also, now that we have had the chance to read some of the statements of the Congressmen in regard to Section 2 of the XIV Amendment do you have a feel what they meant to achieve when they came up with this portion of the Amendment. I have to admit it took me quite a time to figure it out. The wording was a little complex but it appears that it gives men who are citizens of the United States who are at least 21 years of age the right to vote for the choice of electors for the President and Vice President of the United States as well as members of the Legislature, and if they should be denied their right to do so, except for participation in a rebellion or other crimes, that the basis of their representation (the electors) shall be cut in portion to the number of eligible male voters. Since the President and Vice President of the United States is determined by the majority vote of the Electoral College who represent the voting citizens, this Section of the XIV Amendment was put in to discourage tampering with the election process by denying eligible citizens the right to vote.
You will note that at the time when the XIV Amendment became a part of the U.S. Constitution that only white males 21 years and older were allowed to vote. This discriminating problem was later solved by other amendments that would follow.
Now let’s look at what some of the Congressman of the 39th Congress had to say about Sections 3 to 5 of the 14th Amendment had to say:
From Thaddeus Stevens Quotes
“Those who suppose that the [southern] leaders were actuated by a desire to redress grievances, either real or fancied, greatly mistake the real object of the traitors. They have rebelled for no redress of but to establish a slave oligarchy which would repudiate the odious doctrine of the Declaration of Independence and justify the establishment of an empire admitting the principle of king, lord, and slaves. -- January 22, 1862 in a speech entitled: "Subduing the Rebellion." Palmer vol. I page 241 (4)
From Rep. Windham, Cong. Globe 39th Cong. 1st Sess. 1158 (1866)
“I want to make another extract from the speech from the gentleman from New Jersey. He said, "If you pass this bill you will allow negroes to compete for the high office of President of the United States.' As for the fear which haunts the gentleman from New Jersey, if there is a negro in the country who is so far above all the white men of the country that only four million of his own race can elect him president of the United States over twenty six million of white people, I think we ought to encourage such talent in the country." (5)
From Natural Born Citizenship Research (Need to find out who actually said this)
Quotations From The 39th Congress Relevant To The 14th Amendment
"How is it that every person born in these United States owes allegiance to the Government? Everything that he is or has, his property and his life may be taken by the Government of the United States in its defense, or to maintain the honor of the nation. And can it be that our ancestors struggled through a long war and set up this Government, and set up this Government, and that the people of our day have struggled through another war, with all its sacrifices and all its desolation, to maintain it, and at last that we have got a Government which is all-powerful to command the obedience of the citizen, but has no power to afford him protection? Is that all this boasted American citizenship amounts to? ….This Government, in defense of which the son and the husband fell, the father lost his eyes, and the others were crippled, had the right to call these persons to its defense, but has no right to protect the survivors or their friends in any right whatever in any of the States. Sir, it cannot be. Such is not the meaning of
our Constitution. such is not the meaning of the American citizenship. This Government, which would go to war to protect its meanest--I will not say citizen--inhabitant, if you please, in any foreign land, whose rights were unjustly encroached upon, has certainly some power to protect its own citizen in their own country. Allegiance and protection are reciprocal rights." (6)
From The Congressional Globe 1866 p. 2435
“With prosperity human nature is rarely disposed to make war. Make the South prosperous, and we make them our friends. With freedom for all, and with such measures as will induce them to work, they may become prosperous, and that through the policies of the national Government. Even though the cotton crop the present season should be but half of the standard crop the price will be so great that the South will realize more money from it than in any year of our previous history, as the laws of trade for the last seventy years prove that a short crop is always more valuable than a full one, and hence the uniform effort to hide the fact of a great crop. “ (7)
From the Declaration of Independence
Action of Second Continental Congress, July 4, 1776
The Unanimous Declaration of the thirteen United States of America
“…WE hold these truths to be self-evident, that all Men, are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness…” (8)
From the Constitution of the United States
Article 1, Section 1: All legislative Powers herein granted shall be invested in a Congress of the United States, which shall consist of a Senate and House of Representatives (9)
Analysis: This is to safeguard our liberties from those who would seek to destroy them. What was not included was compensation for the Southern Plantation owners loss of their slaves due to the Emancipation . .. They did not want to reward such an injustice as slavery rather they wished to encourage the South to rely on an economy based on innovations and challenging work, and not on slavery. .. If our rights as citizens come only from other human beings than we are in deep trouble because those same human beings can turn around and take them all away.
Now that we have had the chance to review some of the words of these Congressmen of the 39th Congress it should be clear that what they meant by section 3 of the 14th Amendment is that their desire was to keep those who are disloyal to the United States and who have given aid and comfort to the enemies of the United States the right to hold any Political Office. This is to safeguard our liberties from those who would seek to destroy them After all, would you like people in our Government who may be responsible in killing millions of American citizens because they helped provide our nation’s defense information to, for instance, ISIS or others who would like to harm us? It is important that if we want to preserve our freedoms we need to bring into accountability those who hold political offices whose actions are contrary to those freedoms. It is important that we do not take a casual approach to elections. Elections have consequences. Don’t let yourself be manipulated by the political pundits on any side. You have the right to see all sides on the candidates and the issues so that you can make an informed choice based on the actual facts and not on emotionally hyped spin by the control freaks.
Now that we have been able to look at some of the words of these congressmen of the 39th Congress it should be clear that they believe that those who have served in the military and especially if they have been wounded to be able to receive just compensation for their service and the widows and children of those who were slain given aide for their survival. What was not included was compensation for the Southern Plantation owners loss of their slaves due to the Emancipation. They did not want to reward such an injustice as slavery rather they wished to encourage the South to rely on an economy based on innovations and challenging work, and not on slavery. This would in turn create greater prosperity for the South than the slave system ever did and thus make them friends again to the rest of the nation.
Now that we have read these words from our nation’s Founding Documents it should be quite clear that the 39th Congress of the United States had these principles in mind when they wrote the words of Section 5 of the XIV Amendment. They were aware like the Founding Fathers were that human beings are fickle and cannot at all times be trusted to do what is right. If our rights as citizens come only from other human beings than we are in deep trouble because those same human beings can turn around and take them all away. This can be done by a Supreme Court who takes the role of Legislatures which is supposed to be the duty of the Legislative branch of our government or by a President making a law which by passes the Legislative branch and thus creating new “rights” that conflict with other Amendments to the Constitution and Spirit by which our Founding Documents were written.
So how did the Congress vote on the 13th and 14th amendments?
In the House of Representatives of the 119 who voted yea for the 13th Amendment, 84 were Republicans, 14 were Democrats, 16 were Unconditional Unionist, 3 were Unionist , 2 were Ind. Republicans, and of the 56 who voted nay against the 13th Amendment, there were 0 Republicans, 50 Democrats, 0 Unconditional Unionist, 6 Unionist, and 0 Ind. Republicans. Also, of the 8 who did not vote on the 13th Amendment, there were 0 Republicans, 8 Democrats, 0 Unconditional Unionist, 0 Unionist, and 0 Ind. Republicans.
In the Senate of the 38 who voted yea for the 13th Amendment, 34 were Republicans, 3 were Democrats, 1 was Unconditional Unionist and 0 were Unionist, and of the 6 who voted nay against the 13th Amendment, there were 0 Republicans, 6 Democrats, 0 Unconditional Unionist and 0 Unionists. Also, of the 5 who did not vote on the 13th Amendment, there were 0 Republicans, 3 Democrats, 1 Unconditional Unionist and 1 Unionists (10)
In the House of Representatives, of the 137 who vote yea for the 14th Amendment, 127 were Republicans, there were 0 Democrats, 9 were Unconditional Unionists and 1 was an Ind. Republican and of the 37 who voted nay against the 14th Amendment, there 0 Republicans, 37 Democrats, 0 Unconditional Unionist and 0 Ind. Republicans.
In the Senate, of the 33 who voted yea for the 14th Amendment, there were 32 Republicans, 0 Democrats, an 1 Unconditional Unionists and of the 11 who voted nay for the 14th Amendment, 3 were Republicans, 8 were Democrats and 0 were Unconditional Unionist Also, of the 5 who did not vote, 2 were Republicans, 3 were Democrats and 0 were Unconditional Unionists (11)
You will notice that the majority of those who voted against the 13th and 14th Amendments in both the House of Representatives and the Senate were Democrats. This does not necessary prove that all of these Democrats were members of the K.K.K. However, I believe it proves my point that the Democratic party in general most likely would have been in favor of that notorious organization. In a future article I will be exploring the early members of the K.K.K. and which political party their members were affiliated with. That way we will no whether or not the claim that the Democrats helped form the K.K.K. is a hoax or not.
Until next time, don't let the political pundits tell you what to think. Do your own research so that you and your love ones will remain free.
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875 Congressional Globe, Senate, 39th Congress, 1st Session Page 2890 of 3840 (http://memory.loc.gov/cgi-bin/ampage?collid=llcg&fileName=073.db&recNum=11) and United States Congress. "Jacob M. Howard (id:H000839)" (http://bioguide.congress.gov/scripts/biodisplay.pl?index=H000839).Biographical Directory of the United States Congress. (1)
Senator Trumbull, William Horatio Barnes, History of the Thirty-ninth Congress of the United States, pg. 255 (1868) https://www.loc.gov/ (6)
The Library of Congress, https://www.loc.gov/The Congressional Globe 1866 p. 2435 (7)
Cato Institute- 1000 Massachusetts Avenue, N.W., Washington, D.C. 2001, www.cato.org (8)
Cato Institute- 1000 Massachusetts Avenue, N.W., Washington, D.C. 2001, www.cato.org (9)
This content is accurate and true to the best of the author’s knowledge and is not meant to substitute for formal and individualized advice from a qualified professional.
© 2020 Rebecca Fahlin Freelance Copywriter