The 14th Amendment- Then and Now

ColumnLogo-1By Richard A. Nixon, J.D. Law
 

The U.S. Constitution was ratified in 1789. It created the federal government, composed of three coequal and limited branches.

The role of the judicial officer is to effectuate the intention of the legislature, i.e., the judicial officer must apply the laws as written to the facts of the matter before the court, notwithstanding the court’s disapproval of same.

In 1803 the U.S. Supreme Court, via the Marbury v. Madison case, declared itself superior to Congress by holding that it had the authority to void acts of Congress. The U.S. Constitution contains no such authority, express or implied. However, the Supreme Court, to this day, continues to utilize this ill-gotten assumption of power.

Beginning in the 1930’s, the Supreme Court began to search for a vehicle by which it could control the states as well as Congress. It found such vehicle by referring to the 14th amendment which had been ratified in 1868 as part of the Civil War amendments. The 14th Amendment, unlike the bulk of the Constitution, dealt with the states, not the federal government.

Please be reminded that 2016 is more than just a presidential election…all 435 rep’s and 33 or so senators are also up for election. I suggest we send them a message, something like the following:

 
14th Amendment page1

14th Amendment page 1

 
1. the 14th Amendment, directed at the states and ratified in 1868, provides definitions of citizenship, liberty, due process and equal protection. By distorting the intended meanings of these terms, the State Department, by legerdemain, has found:
.
a. that the mere act of being born in the U.S. entitles one to citizenship even if one’s parents are illegal aliens; (State Dept., not the Supreme Court)
.
The Supreme Court, by legerdemain, has found:
.

b. “liberty,” originally defined as freedom from gov’t action or freedom from incarceration, now means a right to have marriage redefined to include same-sex couples;
c. “due process” redefined to permit the SC to apply the Bill of Rights (first 10 amendments) to the states, originally intended to apply to the federal gov’t only; and
d. “equal protection,” intended to ensure that former slaves were to be treated the same as non-slaves, has now been distorted to mean that same-sex couples are to be treated the same as opposite-sex couples for purposes of marriage.

2. This can be “fixed” by redefining these terms as originally intended in 1868 when written. This in turn can be done by utilizing the 14A § 5, which states: “The Congress shall have power to enforce, by appropriatiate legislation, the provisions of this article.” Contrary to O’Reilly and Judge Napolitano, a constitutional amendment is not necessary !!!

3. This would end the “anchor baby” problem, i.e., only children born of parents both of whom are citizens of the U.S. at the time of said birth, could be citizens by birth.
“Liberty” could no longer be used to justify the “constitutional right” to abortion, gay marriage, etc…;
“Due Process” could no longer be used to apply the Bill of Rights to the states, i.e., the states would be free, as per the 10th amendment, to fashion their own laws re religion, free speech, marriage, abortion, and all other damage to their freedoms wrought by the SC. We would at last be free…
and “Equal Protection” could no longer be used to justify gay marriage or any other purpose other than to treat the former slave equal to the non-slave, as intended.

4. If this be done, enforcement of the SC’s rulings inconsistent with the new definitions, as proposed herein, will be stopped as the SC will have no authority to hear the matter as it will not have “arisen under the Constitution,” which is required for the federal courts including the SC to hear any matter. Please see Article III, § 2.1 which states in pertinent part, “The judicial power shall extend to all cases, in law and equity, arising under this Constitution…”

5, As added assurance, Congress must apply the “Exceptions and Regulations” clause of Article III, § 2.2, which states, in pertinent part, “…the Supreme Court shall have appellate jurisdiction, both as to law and to fact, with such exceptions, and under such regulations as Congress shall make.”

6. By withholding jurisdiction on any matter involving the 14th A, except those involving the terms newly defined by Congress, the SC is rendered impotent to issue decisions involving its own previous rulings.

7. Checkmate…Congress and the People are now in charge as our Founding Fathers intended…

Richard A. Nixon, Esq.
   Author of America-An Illusion of Freedom
 
 

Get Citizensjournal.us Headlines free  SUBSCRIPTION. Keep us publishing – DONATE

0 0 votes
Article Rating
Subscribe
Notify of
guest
4 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments
Jared Held
William "Bill" Hicks

Consider it done.

William "Bill" Hicks

O.K., how do we proceed?