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To: billbears

The 14th amendment was proposed by a special Joint Committee on Reconstruction that was created by resolutions in the House and Senate in 1865. They made several recommendations for Constitutional amendments that resulted in the adoption of amendments 13-15. In early 1866, a subcommittee was formed, made up of Congressmen Bingham, Stevens and Conkling and Senators Howard and Fessenden. Rep. Bingham presented a proposed amendment that became the 14th amendment. It was approved by the committee and sent to the House for consideration, along with an explanation of its purpose from Bingham. In that explanation, and in the ensuing debate in both chambers, it was made quite clear that the privileges and immunities clause covered, at the very least, the guarantees contained in the Bill of Rights. When he presented the amendment to the House for debate, Bingham noted its necessity by pointing out that up to that point, "these great provisions of the Constitution, this immortal bill of rights embodied in the Constitution, rested for its execution and enforcement hitherto upon the fidelity of the States." He proposed to change that by giving the Federal government the power to enforce the bill of rights against state action with his amendment, and he consistently invoked the bill of rights as representing the privileges and immunities to which he referred:

"Is the Bill of Rights to stand in our Constitution hereafter, as in the past five years within eleven States, a mere dead letter? It is absolutely essential to the safety of the people that it should be enforced...'Mr. Speaker, it appears to me that this very provision of the bill of rights brought in question this day, upon this trial before the House, more than any other provision of the Constitution, makes that unity of government which constitutes us one people, by which and through which American nationality came to be, and only by the enforcement of which can American nationality continue to be...'What more could have been added to that instrument to secure the enforcement of these provisions of the bill of rights in every State, other than the additional grant of power which we ask this day?...Gentlemen who oppose this amendment oppose the grant of power to enforce the bill of rights."

He further noted, in later debate over whether the amendment was required to enforce the Civil Rights Bill that was making its way through Congress, "I have advocated here an amendment which would arm Congress with the power to compel obedience to the oath, and punish all violations by State officers of the bill of rights, but leaving those officers to discharge the duties enjoined upon them as citizens of the United States by that oath and by that Constitution."

http://www.stcynic.com/blog/archives/2005/05/the_historical.php


193 posted on 01/15/2006 7:05:02 PM PST by RKV ( He who has the guns, makes the rules.)
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To: RKV
Come now, I expected better. You resorted to quoting blogs as arguments? Especially from a blogger that was a stand up comic for four years and would like to be emperor? Shall I ask my cats what they think of the 14th Amendment? Granted they can't really talk but I imagine their opinion is about as equal.

If you choose to ignore decades of precedence clearly stating the fact that SCOTUS did not recognize this incorporation theory and the fact some of the quotes from your other editorial provided came from men that reversed their opinion once in their home states, that's not my problem. The issue is the 14th Amendment was clearly to be applied selectively, namely Radical Republicans giving blacks certain civil rights, and nothing else. To state otherwise is being disingenuous.

196 posted on 01/15/2006 7:19:46 PM PST by billbears (Deo Vindice)
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