And just to add a little more angst to this subject, this:
Our history books blithely assert that the 14th was "ratified" in 1868. In actuality, it was never constitutionally ratified at all. In March 1967, Congress, controlled by the Radical Republicans, used the Reconstruction Act to extort ratification. Ratification of the 14th, Congress declared,must precede readmission of the southern states to the union. So, with a gun to their heads, the vanquished southern states were compelled to acquiesce. Add to this the fact that Nevada and W. Virginia, which voted in favor of the the 14th, were admitted to the union during the war and had not even been constitutionally admitted as states! Still other states actually rescinded their vote for ratification. The whole process stunk to high heaven and was marked by a nightmare of injustices and blatant disregard for the Rule of Law.
Look it up. Lincoln and the Republican Party during this period were shamelessly tyrannical. During this awful period of lawlessness, the Constitution was, for all practical purposes, null and void and remained so until. Pres. Grover Cleveland attempted to undo the damage wrought by Radical Republican perfidy. Bet you were never taught this in your history class. Nor was I.
What it means, Oren, is that Lincoln's view that states could not legally secede was a purely political contrivance, but that to get what he wanted at any given time he and his radical Republicans would permit southern "states" to re-enter the union as States.
He treated the CSA as both a gaggle of rebelling territories on one hand, and, in the case of the blockade, as a foreign government on the other. Following the war, the CSA was, in fact, an occupied country, but Abe, for self-serving political reasons, couldn't call it what it actually was, this per accepted standards of international law and our own constitutional principles.
Secession, of course, is a well-established principle of the republic. Most northern newspapers, as well as the general population in the north and south at that time, well-understood that. (The Revolutionary War was, in fact, our first War of Secession.)When the papers became too vocal in support of the principle of "voluntary union and secession", they were shut down and arrested. Many thousands of northerners--politicians, jurists, lawyers, newspapermen, writers, anyone--were summarily arrested and imprisoned without trial for voicing these views. It was a very dark hour in our history.
For a number of years following cessation of hostilities, the southern States were really military districts administered by DC and the Republican Party to be used and abused as DC and Republican Party loyalists saw fit. This was a terribly shameful period in our history, and a period too many "historians" wish to ignore. Northern victory ushered in unchecked centralized authority on steroids, a Whig dream come true which was very much at odds with Jefferson's and our other Founders' principles of governance.
Finally, the CSA constituted a free and independent constitutional republic when it was invaded by Lincoln. But, "honest Abe" couldn't call it an invasion lest he expose his perfidy. No, to him they were territories in rebellion or rebellious states--but NOT what they actually were-- a confederated union of sovereign states. Abe was, in short, a self-contradicting tyrant. Fortunately, for Abe it is the victor in war who writes the history and for whom the people build commemorative monuments.
Only after years of reading first-hand accounts and honest, objective historians was I made fully aware of just how dark an hour this period in our history really was. Much has already been written on this subject by persons of greater skill than I, but I do plan to continue my own research in this matter and, perhaps, write another book.
I very comprehensively answered your "simple, salient, and prescient(?)" question, Oren.
Are there some time frame anomalies? Lincoln was assassinated in 1865. Judge Napolitano takes Lincoln apart here https://www.youtube.com/watch?v=-zy9D-0IkQM but doesn't get to this issue.
This link leads to a good explanation of the 14th Amendment. Its long but well worth its review.
What a great article. I got through half of it and will save it for future study. Awesome and encouraging research.
I side with Levin - the 14th does NOT allow illegal parents to give birth and poof that child is an American Citizen. Nope.
That's a great analysis of the intent of the writers of the 14th Amendment. But as you state, it's been construed in a different manner.
The reason is quite simple. Politicians and lawyers if they can due to a lack of constraint by the wording of a law, amendment, or even the Constitution's body will take an eisegetical approach to interpretation and do what they want. Thus the intentional misconstruing of the opening words of the 14th Amendment, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof..."
I believe that while Congress has the power and duty to clear up the problem, they won't do so for political and economic reasons.Thus it falls to the people through their States to do as Jefferson said and to once again restrain the federal government with the chains of the Constitution, and if necessary do so as he said by watering the Tree of Liberty.
The only way for them to do so is to propose an amendment through the Article V Convention process. It's been done before with Congress realizing it's potential loss of power and adopting the proposals as their own.
As long as we have libtards in the justice system, they will interpret the way king O want them to interpret. With each anchor baby comes a host of family members that we have to support Americans are not getting the freebies that they are getting and therefore not having 6 kids -- they are too busy working to support them. I know there are over 50 million illegals currently in this country and I know that more than half are on government assistance. There is a paycheck associated with every baby they have, an incentive for them to make it a full time job. Cannot speak for all of them, there are more than 11 million just in Florida, those people never worked a day in their lives ! Should take some photos of their shopping carts, their painted nails, their obamaphones. Electric assistance, food assistance, rent assistance, dental, medical and refuse to learn English !
First... The US CONSTITUTION DOES NOT EXTEND ITS JURISDICTION TO ILLEGAL ALIENS... a clear reading of the PREAMBLE defines for whom the US Constitution applies... Read the Preamble below and pay attention to who the US Constitution applies:
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
We the People of the United States... not Mexico, not China, secure the Blessings of Liberty to OURSELVES and our POSTERITY.. not Mexico not Chines... do ordain and establish this Constitution for teh United States of America... not Mexico or China... Our Constitution is clearly limited to AMERICANS... it's protections are not extended to ILLEGAL ALIENS... or any other foreignors who enter the US illegally. .
The 14th Amendment as debated in Congress was never intended to extend US Citizenship to illegal aliens born on our soil... the Progressives, Communist, Globalist, Deep State and corrupt courts have ignored the original intent of Congress when passing the 14th Amendment or for that matter extending the protections of the US Constitution to criminals foreignors who enter the country illegally..
Illegal Aliens are not entitled to eny of our Constitutional protections... except those extended to them by Statutory law... Birthright citizenship is a construct of those seeking to overthrow our Republic as our forefather's framed it under the Constitution... PERIOD. Birthright Citizenship is illegal and anyone claiming citizenship under it must surrender such claim.. or new law passed, to grant them amnesty and a pathway to US Citizenship under our lawful naturalizaiton process... including, the taking of the Oath of Citizenship and the renouncing all other citizenship or allegences to other nations or potentates.
Most Americans would be shocked to hear Israel imposes Sharia. But it does, for some 60 years: https://www.google.com/search?client=firefox-b-1&ei=yafZW9vSCMK...
If I can not get ya to come to the blog, I will bring it to you.