Sunday, March 17, 2013
Ratification of the Fourteenth Amendment was bitterly contested: all the Southern state legislatures, with the exception of Tennessee, refused to ratify the amendment. This refusal led to the passage of the Reconstruction Acts. Ignoring the existing state governments, military government was imposed until new civil governments were established and the Fourteenth Amendment was ratified.
This amendment, since the 1950s, has been manipulated by the Supreme Court to affect a vast transfer of power from the states to the central government, making it virtually impossible for the states to maintain those independent substantial moral communities protected by the powers reserved in the Tenth Amendment.
It is fitting that this amendment, which had a corrupt and illegal origin in Congress, was never ratified by the states, and is, thus, not a part of the Constitution! It was simply declared by Congress to have been enacted, something Congress had no authority to do. This shows just how far some Americans had wandered from the original conception of self-government. Forrest McDonald, “Was the Fourteenth Amendment Constitutionally Adopted?” The Georgia Journal of Southern Legal History 1, no. 1 (Spring-Summer 1991): 1–20. Donald Livingston