Gw, dang-it Gary beat me to the answer,
so I'll answer you anyway.
First, let me point out that it doesn't matter if we
believe the 14th Amendment is illegal, because it
IS. That's not my opinion, it's
FACT.
Second, Gary is exactly right. I detailed this in an earlier thread, but in the interest of not wanting to confuse everybody, I'll just do it again.
Article I, Section 9, Paragraph 3:No bill of attainder or Ex Post Facto Law shall be passed.A bill of attainder is a legislative act condemning a person to punishment WITHOUT a trial.An ex post facto law imposes a penalty for some act that was declared unlawful AFTER the act was committed.Amendment 14, 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.Under this section more than 200,000 people who served the Confederacy were barred from holding office. More than that, according to the wording of this section, NOBODY in the South could hold office, not even so much as to be dog catcher in their own state, because the general population "
gave aid and comfort to the enemies thereof," thereby FORBIDDING there rights GUARANTEED to them in the Constitution.
Article 1, Section 2 GUARANTEES the right of representative government.
This fact alone is enough to have the whole Amendment thrown out because it's as worthless as the paper it was written on.
Not to mention the FACT that the North NEVER proved secession ILLEGAL, (why do you think they had to release Jefferson Davis, without EVER charging him with a crime?) thereby making this an EX POST FACTO law!
Secession was not an illegal act when it was committed (and STILL is NOT illegal - Nowhere in the Constitution) and has NEVER been made an illegal act, so it punished the Confederate States for breaking a NON law!!
Remember, this amendment actually came back to bite the North in the Butt. And it was a FEDERAL judge in New York that ruled that Jefferson Davis could not be punished for the "rebellion" because this amendment had ALREADY punished him, and he couldn't be punished twice for the same offense. The judge was extremely careful NOT to use the word "crime" because he didn't think a crime was ever committed by the South seceding !!!
ALL of this is even MORE proof of the illegality of this amendment. But wait, I'm not through, YET. It gets BETTER.
I hope y'all like brainteasers, 'cause this one's a doozy !!!
If we are to assume that, by the South losing the war, and once the war was over, the Southern States were "automatically" considered to be once again a part of the United States, anyway, let's assume they were, for argument's sake...
A study of the death of the American Constitutional Republic would not be complete without a review of the arrogant methods used by the Northern Congress and its TOTAL disdain for constitutional law in its efforts to secure "enactment" of the 14th Amendment. I use the term "enactment" as apposed to the legal and constitutional term "ratified." This review will further serve to establish the ILLEGITIMACY of the present centralistic federal government.
At the time of the introduction of the 14th Amendment, there were 37 states in the Union (assuming we were already back in, oh wait, they said we never left, remember?) By mid-1867, the federal Secretary of State had received official documents from the legislatures of 33 of the 37 states giving the states' answer to the proposed Amendment(s). The result was a rejection of the radical amendment. The results were as follows:
States in the Union.....................37
Needed to RATIFY........................28
States voting YES...........................22
States voting NO...............................12
States NOT Voting...............................3
Mississippi's rejection resolution did not reach Washington, and therefor it was numbered with the non-voting states. Even if the 3 non-voting states were added to the states voting For ratification, the amendment would still fall short of the number needed to pass.
The Northern Congress realized that its attempt to secure passage by legal and constitutional methods had failed. So the letter of the constitutional law survived its initial post-war assault. But the Northern Congress was determined to complete the radical change it had initiated. After all, frivolous technicalities such as constitutional limitations, ethics, and morality had proven no obstacle in the the North's war against the Southern people. Surely these barriers would prove no more difficult to overcome in the
political sphere than it had been in the
military sphere.
To secure enactment of the amendment, the Northern Congress had to accomplish the following:
1. Declare the Southern States OUTSIDE the so-called "indivisible Union." 2. Deny majority rule in the Southern States by the disfranchisement of Large numbers of the white population. 3. Require the Southern States to Ratify the amendment as the price to get back into the Union from which they had been denied the right to secede.Are you still with me? I hope so because here's where the brainteaser Really starts...
The North, in 1866, "removed" the Southern states from the Union. This was the SAME North that in 1861 refused to allow the South to secede from the Union. This same North now declared the Southern States to be Non-States. To get back into the Union ( that originally they South didn't want to be a part of anyway, and from which it had previously been denied the right to secede), it was required to perform a function of a state in that Union, while STILL officially no longer a part of the UNION, by Ratifying an amendment that previously as states in the Union it had LEGALLY rejected !!!!
Words alone fail to meet the challenge of such pure Yankee logic...Remember, every bit of this was FORBIDDEN by the Constitution !!! So, opinions be damned, anybody who can't see this as ABSOLUTELY Illegal, just ain't lookin'.
Here I'm reminded of the phrase, Power corrupts, but absolute power corrupts absolutely. I hope I got it right...
Gw, I hope I answered your question without boring you to death.
Like I always say, If you don't wanna know, don't ask...
LOL