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To: wasp69
Those amendments will never be repealed any more than the 13th will be. What would lead anyone to repeal the 14th? Or the 15th? You think states should be allowed to restrict voters to people of a certain color or race?

Trying to stuff some meaning into the 10th by removing those two sounds a bit far-fetched. I realize that much of the reason it was originally added was to protect and reassure slavers but tying it to the 14th and 15th makes it appear that was ALL it was intended to do.
12 posted on 02/04/2003 2:39:35 PM PST by justshutupandtakeit (Richard Dent to the Hall of Fame)
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To: justshutupandtakeit
The 14th amendment was never properly ratified. It is should be void.

The purported 14th Amendment to the United States Constitution is and should be held to be ineffective, invalid, null, void and unconstitutional for the following reasons:

1. The Joint Resolution proposing said amendment was not submitted to or adopted by a Constitutional Congress per Article I, Section 3, and Article V of the U. S. Constitution.

2. The Joint Resolution was not submitted to the President for his approval as required by Article I, Section 7 of the U. S. Constitution.

3. The proposed 14th Amendment was rejected by more than one-fourth of all the States then in the Union, and it was never ratified by three-fourths of all the States in the Union as required by Article V of the U. S. Constitution.

16 posted on 02/04/2003 5:14:40 PM PST by FF578
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To: justshutupandtakeit
I should have said the 14th in particular. Thanks for pointing that out.

Trying to stuff some meaning into the 10th by removing those two sounds a bit far-fetched.

Before Congress took it upon themselves to decide they are the only ones capable to decide what constitutes life and liberty, the founders left it up to the states to decide what they wanted to do since the Federal government was limited. IE, Congress was allowed to:

1. Levy taxes and conduct a census
2. Determine it's rules of proceedings
3. Keep a journal
4. Be paid compensation for their services
5. Overturn Presidential veto by 2/3 vote
6. Pay debts
7. Provide for common defense
8. Borrow money
9. Regulate commerce
10. Uniform rule of naturalization
11. Uniform laws for bankruptcies
12. Coin money and fix the standards of weights and measures
13. Provide for punishment for counterfeiting
14. Establish post offices and post roads
15. Establish copyright laws
16. Constitute tribunals inferior to Superior Court
17. Define and punish piracies
18. Declare war, grant letters of marquee, make rules concerning captures
19. Raise and support armies
20. Provide and maintain a navy
21. Provide for organizing, arming, and disciplining militia called into service of the United States
22. Create a territory 10 miles square for the capital and maintain it as well as fortifications (with permission of state legislature where it will be)
23. Suspend habeaus corpus

That is all they can do as expressed by our Constitution. The 9th and 10th amendment says that any power not delegated to Congress is reserved by the states, to wit:

Amendment 9
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 10
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.


Contrast that with the following from the 14th amendment:

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.

And

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.

No where in the original Articles and 12 Amendments does the Congress have the ability to do any such thing. Those are left expressly to the states via the 9th and 10th amendments.

I realize that much of the reason it was originally added was to protect and reassure slavers...

What? It was put there as a check to the power of the federal government so it did not turn into a bloated, centralized, unresponsive monster that it has become today. Stretching the meaning of the 10th amendment to mean something about protecting slave owners "sounds a bit far fetched". To assume that would mean that the 5th amendment only applied to slave owners.

...but tying it to the 14th and 15th makes it appear that was ALL it was intended to do.

Really? What about section 4 of the 14th? It was worded to protect the slave owners that were not part of the CSA. IE, they got compensation for the emancipation of their slaves. Not only that, the 14th amendment was used to overturn several states laws banning abortion. Was it written to protect the abortion industry, also?
25 posted on 02/10/2003 8:20:56 AM PST by wasp69 (The time has come.......)
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