Fourteenth Amendment
How Law
Our governments have forgotten that our laws are hopefully determined in construction, thus such a law should be through “true intent, and ‘timeliness”!
We make and determine our laws according to whats going on at that time.
We would have no use in having a cyber security law in 1863, as so, “our laws are timely”.
As so was the Fourteenth Amendment to our Constitution!
In my life
Our laws are founded and based through some kind of idealistic premise.
No considerations by Socratic discourse or philosophy, nor considering whether it’s really good for mankind or our country, other than a quick windfall.
Usually not according to Gods laws.
Purpose a Better Union
After the civil war there seemed to be little time for debate and in haste the 14th Amendment.
The 14th amendment’s intent was to give freedom and equal rights to the slaves.
Based on what was going on at that time. It’s application is more determinate to, “a time”, than any other Amendment to our Constitution. With it’s only intent directed at freeing the slaves.
Just like our so called Bill Of Rights there are no statutes of criminality based on the determined intent of it’s writing’s.
Like our Bill of Rights and the Declaration of Independence basically was to be for all. ANnd enforced as such!
If a Government enacts law on anything there is usually codification of criminality if broken and enforcement.
Our rights and the subsequent rights of man can be determined by enforcement, “or not”, by the same government.
Allowing no checks and balances on our rights by the same Government that determined our rights.
It’s clear our founding fathers intent was to give equal rights to elite white folks not the Indians or Women or Black people, the Irish and many others. These groups rights were determined later; Or? Was it Thomas Jefferson’s intent.
According to Mr. Thomas Jefferson, it is a self-evident truth or, if you prefer: a “sacred and undeniable truth “that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
It was never intended for everyone to be equal. The proofs of our past and subsequent laws furthering our rights with no codification to enforce the so called right. As an example, the Civil Rights Act (1964).
As far as I am concerned all the subsequent rights were given to us in the Declaration of Independence.
Enforcement of these basic human rights and decency should be a given across all of humanity.
The Bill of Rights by history make’s it clear, that it’s just a bunch of words on paper.
There is no criminality behind them to enforce these supposed basic rights.
Anyone can violate your rights and what ya going to do about it. If you are a rich person you sue, with a very larger retainer for an attorney.
The State’s nor the federal Government is not going to help enforce your so called unalienable rights.
Good luck with the Federal courts to let you go, “in propria persona, ‘Your own lawyer”.
Or state, “in forma pauperis, ‘You can’t afford a lawyer or court filings”, unless your incarcerated neither will not be allowed.
That pretty much leaves 90% having to just deal with it, as we cannot afford an attorney.
So screw the Bill or Rights and the Declaration of Independence.
Just lies as the Government does not enforce what has been written, as rights we were supposedly given.
Unless you work for the Government State or Federal then the Attorney General can i most cases represent you.
So the lack of true intent within the Declaration of Independence and our Bill of right’s are a guise and a ploy to deceive and trick you into thinking you have something.
Same with the 14th Amendment, not well written, nor well thought out! Naturalization is not a given premise as it was there intent to keep it vague.
A lot of our laws since are intended to be vague.
Thus they can be determined in the courts later. Or clarified in Congress!
How useless, lazy, uninformed and stupid.
Donald trump need’s to either get rid of congress and let the people represent themselves; “Elon, ‘AI”!
Or have congress determine true intent in law making.
Adding criminal statutes for the enforcement of our right’s.
Civil Rights
Passed by Congress June 13, 1866, and ratified July 9, 1868, the 14th Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people.
14th Amendment What It Means By: Milestone Documents
Fourteenth Amendment Flaws
Following the Civil War, Congress submitted to the states three amendments as part of its Reconstruction program to guarantee equal civil and legal rights to Black citizens.
A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
Another equally important provision was the statement that “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 right to due process of law and equal protection of the law now applied to both the federal and state governments.
On June 16, 1866, the House Joint Resolution proposing the 14th Amendment to the Constitution was submitted to the states.
On July 28, 1868, the 14th amendment was declared, in a certificate of the Secretary of State, ratified by the necessary 28 of the 37 States, and became part of the supreme law of the land.
Congressman John A. Bingham of Ohio, the primary author of the first section of the 14th Amendment, intended that the amendment also nationalize the Bill of Rights by making it binding upon the states.
When introducing the amendment, Senator Jacob Howard of Michigan specifically stated that the privileges and immunities clause would extend to the states, “the personal rights guaranteed and secured by the first eight amendments.”
Historians disagree on how widely Bingham’s and Howard’s views were shared at the time in the Congress, or across the country in general.
No one in Congress explicitly contradicted their view of the amendment, but only a few members said anything at all about its meaning on this issue.
For many years, the Supreme Court ruled that the amendment did not extend the Bill of Rights to the states.
Not only did the 14th Amendment fail to extend the Bill of Rights to the states; it also failed to protect the rights of Black citizens.
A legacy of Reconstruction was the determined struggle of Black and White citizens to make the promise of the 14th Amendment a reality.
Citizens petitioned and initiated court cases, Congress enacted legislation, and the executive branch attempted to enforce measures that would guard all citizens’ rights.
While these citizens did not succeed in empowering the 14th Amendment during Reconstruction, they effectively articulated arguments and offered dissenting opinions that would be the basis for change in the 20th century.
Enforcement
However, the enforcement of these amendments was often undermined by state laws and federal court decisions throughout the late 19th century, leading to a gradual erosion of the rights they were meant to guarantee.
It was not until the Supreme Court decision in Brown v. Board of Education in 1954 and laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965 that the full promise of the Reconstruction Amendments was realized.
Birthright Citizens
The 14th amendment is clear, this law was about the Slaves.
Not future generations or invaders!
Jurisdiction is determined by citizenship or the country from which the citizen declares allegiance to.
Since the USA did not have jurisdictional allegiance determined by the immigrant in question.
Then there child is a citizen of the country from which allegiance is determined by their own, “the immigrant’s”, declarations of origin.
Most Immigrants
Make it clear that our laws do not apply to them.
Breaking into our country is a perfect example.
Los Angeles ICE protests are another example.
They state that they are Mexicans. Burning American flags!
Thus by statement and definition they are under the jurisdiction and authority, being subject to a foreign power, the Mexican Gov and Nation.
Over half of them conspired with a known gang/terrorist group to access entry to the USA.
Thus they cannot be and are not naturalized.
American citizenship was never based in soil.
The Case for ending birthright citizenship, from UnHerd.
One Quote…
Children of foreign soldiers born on US soil have always been excluded from birthright citizenship.
In the same way as the children of ambassadors and diplomats.
It’s controversial to call the flood of economic migrants of recent years a slow-moving invasion — but what of the subset of that group that constitute criminals, foreign spies, and terrorists?
Does it redound to American national interest or civic health to confer citizenship on any children they may produce on US soil?
Transcript
AMENDMENT XIV
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.
Section 2.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.
But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
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.
Section 4.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Download
This item consists of the resolution proposing the Fourteenth Amendment, which was ratified July 9, 1868, and ensures that all formerly enslaved persons be granted U.S. citizenship and have all the rights and privileges as any other citizen.
Dates
The creator compiled or maintained the parent series, Enrolled Acts and Resolutions of Congress, between 1789–2014. This item documents the time period of June 13, 1866.
General Notes
Records pertaining to the ratification of the Fourteenth Amendment are available on National Archives Microfilm Publication M1518, “Ratified Amendments XI-XXVII to the United States Constitution,” Roll 3. This archival description was reviewed and revised as part of the NARA reparative description initiative on 12/1/2023. The term “slaves” was removed from the Scope and Content Note. Original archival records have not been altered.