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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.
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.
Originally posted by Jamuhn
Yea, I was referring to the fact that an amendment was passed immediately after the Civil War, can't remember which one, maybe 14.
But in that amendment, citizens are redefined as members of the federal government first and their states second. The sympathy behind the amendment was to allow slaves to have equal footing with the rest of american citizens. Not to mention that the southerners who would have opposed the amendment were ousted from the senate and governors replaced with military commandments because of the south's involvement in the civil war.
The Constitution:
Amendment XIV 1868
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.
The Constitution:
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.
"Republicans assumed control of all state governments and began to pass numerous civil rights laws legalizing interracial marriage and ensuring black schools, and a variety of other ambitious proposals. In many cases former slaves were given very prominent ranks in the government, usually as state senators or state legislators. There were also numerous black judges, mayors, sheriffs, and deputy governors installed. Louisiana even had a black governor for a brief period. Most political "firsts" for African Americans occurred during this period.
look here
it shall be the duty of each officer, assigned as aforesaid, to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, and to this end he may allow local civil tribunals to take jurisdiction of and try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose; and all interference, under color of State authority; with the exercise of military authority under this act, shall be null and void."
all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed, until it is approved by the officer in command of the district, and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they conflict with its provisions: Provided, That no sentence of death under the provision of this act shall be carried into effect without the approval of the President."
"We see clearly enough that this act contemplates two distinct governments in each of these ten States: the one military, the other civil. The civil government is recognized as existing at the date of the act. The military government is created by the act.
Both are provisional, and both are to continue until the new State constitution is framed and the State is admitted to representation in Congress. When that event takes place, both these provisional governments are to cease. In contemplation of this act, this military authority and this civil authority are to be carried on together. The people in these States are made subject to both, and must obey both, in their respective jurisdictions.
There is, then, an imperative necessity to define as clearly as possible the line which separates the two jurisdictions, and the exact scope of the authority of each.
Now, as to the civil authority recognized by the act as the provisional civil government, it covered every department of civil jurisdiction in each of these States.
It had all the characteristics and powers of a State government -- legislative, judicial, and executive -- and was in the full and lawful exercise of all these powers, except only that it was not entitled to representation as a State of the Union.
This existing government is not set aside; it is recognized more than once by the act. It is not in any one of its departments, or as to any one of its functions, repealed or modified by this act, save only in the qualifications of voters, the qualifications of persons eligible to office, the constitution of the State. The act does not in any other respect change the provisional government, nor does the act authorize the military authority to change it."
Those in power in the Republican Party which controlled the Congress at that time rammed through the Reconstruction Act of 1867. This incredible abuse of Congressional power simply abolished the legal governments of all ten of the southern States which had refused to ratify the 14th Amendment and placed all of them under military dictatorship. The generals placed in command of these dictatorships were required by the Reconstruction Act to prepare the "rolls of voters" for conventions which would formulate governments acceptable to Congress. Anyone who had served in the Confederate Army was denied the right to vote or to hold office - in spite of presidential proclamations by both Lincoln and Johnson granting amnesty to southern veterans who would swear allegiance to the U.S. The Reconstruction Act provided that when these "new" legislatures ratified the 14th Amendment they would be admitted to the union.
Originally posted by Jamuhn
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
That is what I am talking about. No state making laws abridging the right of citizens of the US. That is how the power centralized and it was an issue that never came up (or maybe it did) until the procession of the Civil War. It certainly wasn't passed until the South decided they wanted to seceede (sp?) from the "voluntary" union.
Section 3. No person shall [...] hold any office,[...]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,
And this was used to install military commanders in the place of governors
Perhaps you should look at te first 10 ammendments, you know, the bill of rights. Did you think that they were just in there for the heck of it? Constituional Law, by definition, at inception, provided for rights and such in all states party to it. This ammendment was added because some people, thinking along similar lines as you apparently, didn't think that they were required to obey these laws. This issue certianly came up before the civil war, and it was only afterwards that the constitution was altered to made it astoundingly clear that the constitution provides for certain civil rights for all citizens.
Those in power in the Republican Party which controlled the Congress at that time rammed through the Reconstruction Act of 1867. This incredible abuse of Congressional power simply abolished the legal governments of all ten of the southern States which had refused to ratify the 14th Amendment and placed all of them under military dictatorship. The generals placed in command of these dictatorships were required by the Reconstruction Act to prepare the "rolls of voters" for conventions which would formulate governments acceptable to Congress. Anyone who had served in the Confederate Army was denied the right to vote or to hold office - in spite of presidential proclamations by both Lincoln and Johnson granting amnesty to southern veterans who would swear allegiance to the U.S. The Reconstruction Act provided that when these "new" legislatures ratified the 14th Amendment they would be admitted to the union.
Originally posted by Jamuhn
Perhaps you should look at te first 10 ammendments, you know, the bill of rights. Did you think that they were just in there for the heck of it? Constituional Law, by definition, at inception, provided for rights and such in all states party to it. This ammendment was added because some people, thinking along similar lines as you apparently, didn't think that they were required to obey these laws. This issue certianly came up before the civil war, and it was only afterwards that the constitution was altered to made it astoundingly clear that the constitution provides for certain civil rights for all citizens.
LOL, do you not understand the concept of state sovereignty? If you look at the history of bills passed in state governments, you will see that all the states except for mississippi I think, banned slavery. Are you new to this or something, because it doesn't seem like you have spent much time researching this.
Slavery was the sympathy point to get the masses behind this amendment and obviously if you were living in that time you would have supported it. Take a look at the fine print.
Those in power in the Republican Party which controlled the Congress at that time rammed through the Reconstruction Act of 1867. This incredible abuse of Congressional power simply abolished the legal governments of all ten of the southern States which had refused to ratify the 14th Amendment and placed all of them under military dictatorship. The generals placed in command of these dictatorships were required by the Reconstruction Act to prepare the "rolls of voters" for conventions which would formulate governments acceptable to Congress. Anyone who had served in the Confederate Army was denied the right to vote or to hold office
- in spite of presidential proclamations by both Lincoln and Johnson granting amnesty to southern veterans who would swear allegiance to the U.S. The Reconstruction Act provided that when these "new" legislatures ratified the 14th Amendment they would be admitted to the union.
Actions speak a lot louder than words, why don't you do your research there.
Pretending to research something but not really understanding it aren't very good ideas Jahmun. What part of my reasoning was flawed? The ammendment in question re-iterates, in a sense it enumerates, that the states can't deny basic civil constitutional rights, as previously enumerated by the bill of rights and as originally implied in teh main text of the constitution itself. The mere existence of a federal government and civic rights does not nullify state sovereignty.
Originally posted by Jamuhn
Pretending to research something but not really understanding it aren't very good ideas Jahmun. What part of my reasoning was flawed? The ammendment in question re-iterates, in a sense it enumerates, that the states can't deny basic civil constitutional rights, as previously enumerated by the bill of rights and as originally implied in teh main text of the constitution itself. The mere existence of a federal government and civic rights does not nullify state sovereignty.
Federal agents ransacking medical marijuana establishments despite that California law support it. That would not have been possible if it weren't for the 14th amendment.
That is what I was saying when I said slavery was the sympathy reason. Anyone against the 14th amendment is automatically someone who doesn't support the Bill of Rights? Give me a break.
LOL, and it still doesn't seem that you have read that article because you would have realized that the people who swore allegiance to the US which was recognized by the presidents were ousted because they still opposed the 14th amendment.
The military commanders took over until a constitution that supported the 14th amendment was formed.
Look, I know you want to win this argument because you seem very filled with pride on your stance. Just let it go man, or at least carry the rest of this conversation on via U2U.
This argument no longer has anything to do with the topic at hand. As I said earlier, my point is that the EU is in a similar position to the USA before the Civil War. If you wish to talk about that, go for it.
Then why did the people of california ratify that ammendment. Every State has ratified the 14th ammendment.
We were talking about it in the context of the time. YOu specifically said the the Radical Republicans weren't interested in the fact that blacks were having their constitutional rights abridged.
The 14th ammendment is the very ammendment that prohibited people who had 'formerly swore an oath to serve and protect the constitution and broke that oath by fighting in rebellion from serving in offices that required them to again make that oath'. Read the ammendment. It had nothign to do with voting, and had nothing to do with merely being a confederate soldier.
The defeated secessionist states had been taken over by the Union. They needed to be re-intergrated into the Union. Lincoln and others wanted a 'soft' version of reconstruction. But then the defeated formerly rebellious states began instituting 'Black Codes' once again restricting and removing the civil rights of black citizens. The Radical Republicans decided that these states needed to agree once and for all to give civil rights ot black citizens, the civil rights that were implied in the constitution and enumerated in the Bill of Rights. These states had -left- the union. The -rejected- the constitution. They probably shouldn't have even been given civil governements or any constitutional protections until they had been reintergrated. They effectively became hostile, warring, foreigners inside the US. The stipulation that they agree to respect the rights of individuals and the authority of the consitution is -hardly- imperial or unreasonable and obviously stricter and harsher methods ended up being required, because nearly a hundred years later the federal government -still- had to call in the national guard to desegregate the schools and there was -still- the necessity of an entire civil rights movement.
Why would I want to carry this conversation on in private? I am not trying to win an arguement; you said some things that were plainly incorrect, and some other things that I disagree with. There is no judge here, no scoring system, or even any rules. There's nothin to 'win'. I am merely discussing the topic
The European Union is not similar to the United States pre-Civil War. The United States had a Constitution, and a Federal Government. The EU is just a politico-economoic union, one that grew out of a purely economic arraingment. They do indeed now have a 'european parliament', however that 'pan european governement' (if it can even really be called that) is most defenitely not Fedeeral, and this is purposely so, they don't want a federal european governement. The States after the revolution did. They tried a non federal goverenment at first and found it unsatisfactory and opted for an actual federal governement. The very existence of a federal government means that federal laws -have to- supersede state laws, especially when it comes to civil rights. These seccesionist states, however, didn't seem to think so.
Originally posted by clearmind
When people talk about NWO..all they can think about is the world under one flag ruled by one group, openly and usually very harshly..or for you utopians, very star trekie. some think that the NWO is and wont happen.
What does NWO stand for...New World Order....
There is a curious phenomenon that economists call the resource curse -- so named because, on average, countries with large endowments of natural resources perform worse than countries that are less well endowed. . . . .
First, the prospect of riches orients official efforts to seizing a larger share of the pie, rather than creating a larger pie. The result of this wealth grab is often war. . . .
Second, natural resource prices are volatile, and managing this volatility is hard. . . .
Third, oil and other natural resources, while perhaps a source of wealth, do not create jobs. . . an inflow of oil money often leads to currency appreciation -- a phenomenon called the Dutch Disease.
Originally posted by Jamuhn
Then why did the people of california ratify that ammendment. Every State has ratified the 14th ammendment.
You quoted yourself as saying the federal laws do not supercede state sovereignty. Obviously they do, the fact you make this statement shows you concede that all states are subject to federal laws.
YOu specifically said the the Radical Republicans weren't interested in the fact that blacks were having their constitutional rights abridged.
An underlying reason was to take away state's rights in favor for federal.
I never used the world radical, you did.
The 14th ammendment is the very ammendment that prohibited people who had 'formerly swore an oath to serve and protect the constitution and broke that oath by fighting in rebellion from serving in offices that required them to again make that oath'.
Except lincoln and someone else (I forget who) made a proclamation granting amnesty to those who would make that oath again. Why don't you look beyond the 14th amendment?
Oh and the mighty North was always fair to black people. Give me a break man.
Once again you're being blinded by the slavery issue. Why don't you look at children labor laws and women's rights during this period if you are so concerned.
Why would I want to carry this conversation on in private?
I think everyone has heard enough of our views and maybe now, this can be carried on in private.
The European Union is not similar to the United States pre-Civil War. The United States had a Constitution, and a Federal Government. The EU is just a politico-economoic union, one that grew out of a purely economic arraingment. They do indeed now have a 'european parliament', however that 'pan european governement' (if it can even really be called that) is most defenitely not Fedeeral, and this is purposely so, they don't want a federal european governement.
Once again, why don't you do your research, the EU does in fact have a constitution and does have a military pact to defend Europe as a whole while at the same time practicing the soveriegnty of the countries.
FEDERAL LAWS DID NOT SUPERCEDE STATE LAWS BEFORE THE CIVIL WAR. CHRIST MAN, GET A CLUE!
Originally posted by Jamuhn
NYGDAN
This whole topic started because someone asked me a question. And then, I said on a side note...etc... And now, look where it's at.
The Federal Government had limited power before the Civil War. Ultimately, the States were in charge of the laws they passed. The Bill of Rights stood and were enforced by the States because the States passed those laws in their State.
If you want to pass me off as not doing my research than tell me why you have been asking questions from the beginning and trying to use the direction I've Given You against me.
Originally posted by metallion
Maybe this is a diversion or something, but what I was thinking was that if the NWO were taking control now or whenever they make theirselves known, why would we currently have a president who.
a. has very little public speaking ability.
b. did not have the most stellar academic record in college.
c. Does not have a history of being a completely stand-up citizen.
............
Regards all
Originally posted by Jamuhn
LOL, you still haven't shown me any documents except for mere words.
Tell me where the federal governments forced states to accept amendments in the past,
But, I think you are forgetting that states must pass amendments before they become valid.
And the states were not admitted to the Union until they ratified the 14th amendment.
Originally posted by Jamuhn
Documents specifying that federal laws trumped state laws without the permission of the states to do so.
I'm saying as a whole it eradicated the whole concept of state sovereignty within the Union.
Originally posted by Nygdan
Originally posted by Jamuhn
Documents specifying that federal laws trumped state laws without the permission of the states to do so.
Please explain first why the feds would be making laws if the states don't ratify them and people in the states don't have to obey them
I'm saying as a whole it eradicated the whole concept of state sovereignty within the Union.
Do you also think that the existence of laws eliminates a person's sovereignty?