Professional Documents
Culture Documents
groups from other nations. This bi- path of chaotic departure from the peo- Secretary of State included .the purported
partisan organization is doing something ples' government by substituting their ratifications of the military enforced rump
more than just talking about interna- personal law rationalized under the 14th legislatures of ten southern states whose
tional understanding-it is doing some- amendment, their actions and verbiage lawful legislatures had preViously rejected
said 14th Amendment, and also Included
thing about it. brand them and their team as seces- purported ratifications by the legislatures
If mankind is ever to abolish war from sionists-rebels with pens instead of of the States of Ohio and New Jersey although
the face of the earth, we first must guns-seeking to divide our Union. they had withdrawn their legislative rati-
break down the barriers of mistrust and They must be stopped. Public opinion fications several months previously, all of
suspicion among the peoples of the must be aroused. The Union must and which proves absolutely that said 14th
world. There is no better way to accom- shall be preserved. Amendment was not adopted in accordance
plish this than through just such pro- Mr. Speaker, I ask to include in the with the mandatory constitutional require-
grams as this one conducted by the RECORD, following my remarks, House ments set forth In Article V of the Constitu-
Concurrent Resolution 208 of the Louisi- tion and therefore the Constitution itself
American Council of Young Political strikes with nulllty the purported 14th
Leaders. ana Legislature urging this Congress to Amendment.
These young people will be the lead- declare the 14th amendment illegal. Also, Now therefore be It resolved by the Legis-
ers of the world in years to come. They I include in the RECORD an informative lature of Louisiana, the House of Representa-
will be better leaders, more understand- and well-annotated treatise on the il- tives and the Senate concurring:
ing and tolerant leaders, if they are able legality of the 14th amendment-the (1) That the Legislature go on record as
to expand their knowledge of other na- play tOY of our secessionist judges- exposing the unconstltutlonallty of the 14th
tions, other peoples, and other political which has been prepared by Judge Amendment, and Interposes the sovereignty
Leander H. Perez, of Louisiana. of the State of Louisiana against the execu-
systems. tion of said 14th Amendment against the
This is why, Mr. Speaker, I am so The material referred to follows: State of Louisiana and Its people;
pleased with the work being done by H. CON. RES. 208 (2) That the Legislature of Louisiana op-
the American Council of Young Politi- A concurrent resolution to expose the un- poses the use of the Invalld 14th amend-
cal Leaders. They have my wholehearted constltutlonallty of the 14th admendment ment by the Federal courts to Impose further
support in their program to further to the Constitution of the United States; unlawful edicts and hardships on its people;
world understanding. to Interpose the sovereignty of the State (3) That the Congress of the United States
of Louisiana against the execution of said be memoriallzed by this Legislature to repeal
amendment In this State; to memorlallze its unlawful Joint Resolution of July 28,
the Congress of the United States to re- 1868, declaring that three-fourths of the
THE 14TH AMENDMENT-EQUAL peal Its joint resolution of JUly 28, 1868, states had ratified the 14th Amendment to
PROTECTION LAW OR TOOL OF declaring that said amendment had been the United States Constitution;
USURPATION ratified; and to provide for the distribu- (4) That the Legislatures of the other
tion of certified copies of this resolution states of the Union be memoriallzed to give
Mr. PRYOR. Mr. Speaker, I ask serious study and consideration to take sim-
unanimous consent that the gentleman Whereas the purported 14th Amendment Ilar action against the valldity of the 14th
from Louisiana [Mr. RARICK] may ex- lawfullyto the United States Constitution was never Amendment and to uphold and support the
adopted in accordance with the re-
tend his remarks at this paint in the quirements of the United States Constitu- Constitution of the United States which
RECORD and include extraneous matter. tion because eleven states of the Union were strikes said 14th Amendment with nUllity;
The SPEAKER pro tempore. Is there deprived of their equal suffrage In the Sen- and
objection to the request of the gentleman ate in violation of Article V, when eleven (5) That copies of this Resolution, duly
certified, together with a copy of the treatise
from Arkansas? southern states, InclUding Louisiana, were on "The Unconstitutionallty of the 14th
There was no objection. excluded from dellberatlon and decision In Amendment" by JUdge L. H. Perez, be for-
Mr. RARICK. Mr. Speaker, arrogantly the adoption of the Joint Resolution pro- warded to the Governors and Secretaries of
posing said 14th Amendment; said Resolution
ignoring clearcut expressions in the Con- was State of each state in the Union, and to the
not presented to the President of the
stitution of the United States, the de- United States In order that the same should
Secretaries of the United States Senate and
clared intent of its drafters notwith- take effect, as required by Article I, Section House of Congress, and to the Louisiana Con-
standing, our unelected Federal judges 7; the proposed amendment was not rati- gressional delegation, a copy hereof to be
read out prohibitions of the Constitution fied by three-fourths of the states, but to publlshed in the Congressional Record.
VAIL M. DELONY,
of the United States by adopting the the contrary fifteen states of the then Speaker 01 the House 01 Representatives.
fuzzy haze of the 14th amendment to thirty-seven states of the Union rejected the C. C. AYCOCK,
legislate their personal ideas, prejudices, proposed 14th Amendment between the Lieutenant Governor and President
dates of Its submission to the states by the
theories, guilt complexes, aims, and Secretary 01 the Senate.
whims. of State on June 16, 1866 and
March 24, 1868, thereby nUllifying said
Through the cooperation of intellec- Resolution and making It impossible for rati- THE 14TH AMENDMENT Is UNCONSTITUTIONAL
tual educators, we have subjected our- fication by the constitutionally required The purported 14th Amendment to the
selves to accept destructive use and three-fourths of such states; said southern United States Constitution is and should be
meaning of words and phrases. We states which were denied their equal suf- held to be ineffective, invalld, nUll, void and
blindly accept new meanings and frage In the Senate had been recognized by unconstitutional for the follOWing reasons:
changed values to alter our traditional proclamations of the President of the United 1. The Joint Resolution proposing said
thoughts. States to have duly constituted governments Amendment was not submitted to or adopted
with all the powers which belong to free by a Constitutional Congress. Article I, Sec-
We have tolerantly permitted the ha- states of the Union, and the Legislatures of
bitual misuse of words to serve as a seven of said southern states had ratified the tion 3, and Article V of the U.S. Constitution.
2. The Joint Resolution was not submitted
vehicle to abandon our foundations and 13th Amendment which would have failed to the President for his approval. Article I,
goals. Thus, the present use and expan- of ratification but for the ratification of said Section 7.
sion of the 14th amendment is a sham- seven southern states; and 3. The proposed 14th Amendment was re-
serving as a crutch and hoodwink to pre- Whereas the Reconstruction Acts of Con- jected by more than one-fourth of all the
cipitate a quasi-legal approach for over- gress unlawfully overthrew their existing States then in the Union, and it was never
throw of the tender balances and pro- tuted governments, removed their lawfully consti- ratified by three-fourths of all the States in
legislatures by mllltary force and re- the Union. Article V.
tections of limitation found in the Con- placed them with rump legislatures which
stitution. carried out mllltary orders and pretended I. THE UNCONSTITUTIONAL CONGRESS
But, interestingly enough, the 14th to ratify the 14th Amendment; and The U.S. Constitution provides:
amendment-whether ratified or not- Whereas In spite of the fact that the Sec- Article I, section 3. "The Senate of the
was but the expression of emotional out- retary of State in his first proclamation, United States shall be composed of two sen-
pouring of public sentiment following the on July 20, 1868, expressed doubt as to ators from each State • • ."
War Between the States. whether three-fourths of the required states Article V provides: "No State, without its
Its obvious purpose and intent was but had ratified the 14th Amendment, Congress
nevertheless adopted a resolution on July 28,
consent, shall be deprived of its equal suf-
frage in the Senate."
to free human beings from ownership as 1868,
a chattel by other humans. Its aim was of theunlawfully declaring that three-fourths
states had ratified the 14th Amend-
The fact that 23 Senators had been unlaw-
fully excluded from the U.S. Senate, In order
no more than to free the slaves. ment and directed the Secretary of State to to secure R two-thirds vote for adoption of
As our politically appointed Federal so proclaim, said Joint Resolution of Con- the Joint Resolution proposing the 14th
judiciary proceeds down their chosen gress and the resulting proclamation of the Amendment Is shown by Resolutions of pro-
".
States. the Reconstruction Acts directed to the over- lIshed under a Proclamation issued by Presi-
• throw of their government, Including this dent Abraham Lincoln December 8, 1863.'·
The government of North Carolina had
"To me these considerations are conclusive dissolution of their state legislatures, were
of the unconstitutionality of this part of the denied on the grounds that the organization been re-establlshed under a Proclamation
bill now before me, and I earnestly commend of the government Into three great depart- issued by President Andrew Johnson dated
their consideration to the deliberate judg- ments, the executive, legislative and judicial, May 29, 1865.'·
ment of Congress. [And now to the Court.] carried limitations of the powers of each by The government of Georgia had been re-
"Within a period less than a year the legis- the Constitution. This case when the same established under a proclamation issued by
lation of Congress has attempted to strip the way as the previous case of Mississippi President Andrew Johnson dated June 17,
executive department of the government of against President Johnson and was dismissed 1865.47
some of its essential powers. The Constitu- without adjUdicating upon the constitu- The government of Alabam.a had been re-
tion, and the oath provided In it, devolve tionality of the Reconstruction Acts. established under a Proclamation Issued by
upon the President the power and duty to In another case, ex parte William H. Mc- President Andrew Johnson dated June 21,
see that the laws are faithfully executed. Cardle (7 Wall. 506-515), a petition for the 1865."
The Constitution, In order to carry out this writ of habeas corpus for unlawfUl restraint The government of South Carolina' had
power, gives him the choice of the agents, by military force of a citizen not in the been re-establlshed under a Proclamation
and makes them subject to his control and military service of the United States was issued by President Andrew Johnson dated
supervision. But in the execution of these before the United States Supreme Court. June 30, 1865..•
laws the constitutional obligation upon the After the case was argued and taken under These three "Reconstruction Acts" 00 under
President remains, but the powers to exer- advisement, and before conference in re- which the above State Legislatures were il-
cise that constitutional duty Is effectually gard to the decision to be made, Congress legally removed and unlawful rump or pup-
taken away. The military commander Is, as passed an emergency Act, (Act March 27, pet so-called Legislatures were substituted
to the power of appointment, made to take 1868, 15 Stat. at L. 44), vetoed by the in a mock effort to ratify the 14th amend-
the place of its President, and the General President and repassed over his veto, re- ment, were unconstitutional, null and void,
of the Army the place of the Senate; and any pealing the jurisdiction of the U.S. Supreme ab initio, and all acts done thereunder were
attempt on the part of the President to assert Court in such case. Accordingly, the Supreme also null and void, including the purported
his own constitutional power may, under Court dismissed the appeal without passing ratification of the 14th Amendment by said
pretence of law, be met by official Insubordi- upon the constitutionality of the Recon- 6 Southern puppet State Legislatures of
nation. It Is to be feared that these military struction Acts, under which the non-military
officers, looking to the authority given by citizen was held by the military without 38 McPherson, Reconstruction, p. 53.
these laws rather than to the letter of the benefit of writ of habeas corpus, in viola- 30 House Journal 1868, p. 15, Senate Journal
Constitution, will recognize no authority but tion of Section 9, Article I of the U.S. Con- 1868, p. 15.
the commander of the district and the Gen- stitution which prohibits the suspension of •• House Journal 1868, p. 9, Senate Journal
eral of the army. the writ of habeas corpus. 1868, p. 8.
"If there were no other objection than this n Senate Journal 1868, p. 21.
to this proposed legislation, it would be That Act of Congress placed the Recon-
struction Acts beyond judicial recourse and <2 House Journal 1868, p. 50, Senate Jour-
sufficient." nal 1868, p. 12.
No one can contend that the Reconstruc- avoided tests of constitutionality.
It Is recorded that one of the Supreme ,. Senate Journal, 40th Congress, 2nd
tion Acts were ever upheld as being valid and Sessn. p. 725.
constitutional. Court Justices, Grier, protested against the
They were brought Into question, but the action of the Court as follows: "House Journal, 1868, p. 50.
Courts either avoided decision or were pre- "This case was fully argued In the begin- ,. Vol. I, pp. 288-306; Vol. II, pp. 1429-
vented by Congress from finally adjudicating ning of this month. It Is a case which in- 1448-"The Federal and State Constitu-
upon their constitutionality. volves the liberty and rights, not only of tions," etc., compiled under Act of Con-
In Mississippi v. President Andrew John- the appellant but of. millions of our fellow gress on June 30, 1906, Francis Newton
son, (4 Wall. 475-502), where the suit sought citizens. The country and the parties had Thorpe, Washington Government printing
to enjoin the President of the United States a right to expect that it would receive the Office (1906).
from enforcing provisions of the Reconstruc- immediate and solemn attention of the .. Same, Thorpe, Vol. V, pp. 2799-2800.
tion Acts, the U.S. Supreme Court held that court. By the postponement of this case we "Same, Thorpe, Vol. II, PP. 809-822.
the President cannot be enjoined because for shall subject ourselves, whether justly or 48 Same, Thorpe, Vol. I, pp. 116-132.
the Judicial Department of the government unjustly, to the imputation that we have '0 Same, Thorpe, Vol. VI, pp. 3269-3281.
to attempt to enforce the performance of evaded the performance of a duty Imposed 00 14 Stat. p. 428, etc. 15 Stat. p. 14, etc.