Home » Was the Fourteenth Amendment a Back Door Into State’s Rights?

Was the Fourteenth Amendment a Back Door Into State’s Rights?

The 14th Amendment was adopted JULY 28, 1868, because southern States, though forced to end slavery by the 13th Amendment, did not grant citizenship to freed slaves.

Southern Democrat Legislatures passed Black Codes and Jim Crow Laws, requiring freed slaves to be “apprenticed” to “employers” and punished any who left. Illinois Republican Congressman John Farnsworth said March 31, 1871:

“The reason for the adoption [of the 14th Amendment]…was because of…discriminating…legislation of those States…by which they were punishing one class of men under different laws from another class.”

Republican John Bingham of Ohio, who introduced the 14th Amendment, said:

“I repel the suggestion…that the Amendment will…take away from any State any right that belongs to it.”

Yet after the Amendment was ratified, activist Federal Judges, applying evolution to the legal process, did just that, as Thomas Jefferson had forewarned Charles Hammond in 1821:

“The germ of dissolution of our…government is in…the federal judiciary…working like gravity by night and by day, gaining a little today and a little tomorrow…until all shall be usurped from the States.”

The 14th Amendment soon became a door by which Federal Courts took authority over trade disputes, union strikes, and eventually religion, away from States’ jurisdiction.

In his Commentaries on the Constitution, 1833, Justice Joseph Story explained the pre-14th Amendment view of “separation of church and state” was to limit the Federal Government:

“In some of the States, Episcopalians constituted the predominant sect;

in other, Presbyterians;

in others, Congregationalists;

in others, Quakers…

The whole power over the subject of religion is left exclusively to the State governments, to be acted upon according to their own sense of justice and the State constitutions.”

When the State of North Carolina was considering ratifying the U.S. Convention, Governor Samuel Johnston argued, July 30, 1788:

“The people of Massachusetts and Connecticut are mostly Presbyterians…

In Rhode Island, the tenets of the Baptists, I believe, prevail.

In New York, they are divided very much; the most numerous are the Episcopalians and the Baptists.

In New Jersey, they are as much divided as we are.

In Pennsylvania, if any sect prevails more than others, it is that of the Quakers.

In Maryland, the Episcopalians are most numerous, though there are other sects.

In Virginia, there are many sects…

I hope, therefore, that gentlemen will see there is no cause of fear that any one religion shall be exclusively established.”

John Bouvier’s Law Dictionary (Philadelphia, J.B. Lippincott Company, 1889) stated in its definition of “Religion”:

“The Christian religion is, of course, recognized by the government, yet…the preservation of religious liberty is left to the States.”

On March 4, 1805, in his Second Inaugural Address, President Thomas Jefferson stated:

“In matters of religion I have considered that its free exercise is placed by the Constitution independent of the powers of the General Government.

I have therefore undertaken, on no occasion, to prescribe the religious exercise suited to it; but have left them, as the Constitution found them, under the direction and discipline of state and church authorities by the several religious societies.”

On January 23, 1808, Jefferson wrote to Samuel Miller:

“I consider the government of the United States as interdicted by the Constitution from intermeddling with religious institutions, their doctrines, discipline, or exercises.

This results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the states the powers not delegated to the United States [10th Amendment].

Certainly no power to prescribe any religious exercise, or to assume authority in religious discipline, has been delegated to the General government.

It must then rest with the States as far as it can be in any human authority…

I do not believe it is for the interest of religion to invite the civil magistrate to direct its exercises, its discipline, or its doctrines…

Every religious society has a right to determine for itself the times for these exercises, and the objects proper for them, according to their own particular tenets.”

Justice Joseph Story continued in his Commentaries:

“Probably at the time of the adoption of the Constitution…the universal sentiment in America was, that Christianity ought to receive encouragement from the state so far as was not incompatible with the private rights of conscience and the freedom of religious worship.

Any attempt to level all religions, and make it a matter of state policy to hold all in utter indifference, would have created universal disapprobation, if not universal indignation.”

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http://www.facebook.com/jon.kaeton Jon Kaeton

Unfortunately, every amendment that opened the door to freedom
and equality for particular groups has been used as a back door to limit the
overall rights of States. We have essentially thrown out our baby, the Constitution,
with our dirty bathwater; which was intolerance based on race, gender, land
ownership, etc. We must separate the principals of the Constitution from the
traditions of intolerance that existed in early America or we will never
re-institute a Federal government acting within constitutional limits.
Currently these two very different aspects of early America, it’s ideals vs.
some of it’s practices, are not separate in the minds of many Americans. That
is why groups asking for a return to the Constitution are falsely accused of
racism, because of this deep misconception that the Forefather’s creation is
somehow associated with unfair traditions existing at that time. Many educators over the past 40 years have
actually encouraged this misconception. This
ignorance of America’s cornerstone needs to be fixed, or we can never fix
America.
http://www.facebook.com/greg.faith Greg Faith

Each state needs to hold a convention and submit a “NO Confidence Vote” and submit the vote to the Federal Government and kick the Fed out, recall representatives and replace each and every one of them, basically CLEAN HOUSE ON BOTH SIDES and send new represetatives back and ask Washington to FIX what is Broken and when finished, Balanced Budget, Zero Deficit, etc. and return as a participant to USA as strong PEOPLES SERVANTS like they are supposed to be. “WE THE PEOPLE” are becomming, “WE THE ENTITLED.” If this does not happen, we are doomed to loosing each Amendment one by one until the socialist state Obama wants is in place. Hate the GAME and the PLAYERS.
- The Truth Will Set You Free
  
  You are right sir. It takes two to tango & both the Left & the Right have been dancing to a bet that is their own instead of keeping the proper
  Rhythm instead of the U.S. Constitution & Bill of Rights!
http://www.facebook.com/richard.olson.5832 Richard Olson

At the time, it was a front door.
http://pulse.yahoo.com/_4ZQ6I2GKBRIL2CZAWZZO44HWQY Doc

Seems Democrats never wanted to end slavery. Funny how that worked out
- Phil185
  
  Yeah, welfare is doing exactly what Johnson wanted it to do. Further enslave the black community. Yet the black community is still praying to the Democrat god.
- ingerson
  
  Actually the addiction to welfare started with FDR – with the general welfare program and as the addiction has spread – especially within the large urban areas – it’s become both the drug of choice by JJ and Big Al to enslave the masses living therein – not strange then that LBJ and the current resisdent have multiplied this to include as many voters as possible. Currently before the November election begins 19 states have already cast their electoral votes – these 19 states are controled by the major urban inner-city welfare states.
  Also, one might want to research the latest movement of the various Muslim populations to the states where the voting differences was under 100,000 votes (sometimes only 14,000).
- http://pulse.yahoo.com/_BX7Q3RKO7UTT6Q7TJE27NVGPQE lonestarlady
  
  Their black leaders are also keeping them in slavery.
- Phil185
  
  funny you should mention that lonestar. If you look up the definition of an “Uncle Tom”, the Democrat(s) black leaders of this country fall squarly within that definitioin.
ingerson

In fact it was Missouri which used this freedom to condemn one whole religious group and was upheld by the Federal Government – there was an extermination order against this group and mass murder, rape and destruction occured by the state militia.
The 14th Amendment was intended to provide ‘due process’ i.e. you can’t isolate one county in one state for a recount – but the whole state (Senate races) or the whole nation in fact has to be included in a Federal Election year for President.
However, it’s doubtful any of our current representatives, judges or even the occupant of the WH understand the Constitution – but they all understand Evolution – Survival of the Fittest – Mein Kempt – Karl Marx and other assorted thinking.
- http://pulse.yahoo.com/_4ZQ6I2GKBRIL2CZAWZZO44HWQY Doc
  
  Must have been Messenger College’s Pentecostal church. They are so christian they kicked 14 families out of their homes in Euless Texas to make room for their students when they moved here.
- ingerson
  
  Actually it was all of the ministers of all of the religions of the time – and the mobs of Missouri and eventually Illinois responsible – and when Joseph Smith and his brother Hyrum were murdered most of the clergy in the nation applauded their murders in the media and from the pulpits.
  It was interesting later on many of these same persons depended upon this Church in the Rocky Mts. after being expelled from the US – helped them on their way with supplies and rest areas.
  Yes there was one revenge – and is well documented by the media – however, most have been welcomed and provided.
  It’s interesting on how the government can decide what to enforce and not enforce – always to their advantage – as written in the 14th Ammendment – was not to destroy states rights but to make sure that were indeed their was a legal and good Federal Statute that all citizens would be treated fairly.
  It was Teddy R. who decided the wording of the Constitution was meant to be interpreded as – whatever right weren’t specifically given to the states were vested in the Federal government and thus changed forever the Constitution of the US.
graphsmith

I’d like to see what would have happened if the Moslems had come here and tried to take over the country when our founding fathers were here. I think you would see a quite different reaction than the current government has shown.
- Phil185
  
  graph, just look to Thomas Jefferson, he kicked their theiving asses. Which is where the Marine Corps hymm comes from.
Fallon T Gordon Sr MD

Read: Abel P Upshur’s “A Brief Enquiry into the True Nature and Character of our Federal Government”— Being A Review of Judge Story’s Commentaries on The Constitution of The United States, 1868. Introduction by C. Chauncey Burr. You can copy it on line. The States United are the rulers and the government is an “agent” for the states and always has been beholden to the United States of America. The States United created the compact and the general government and control the entire situation!
- har82
  
  Tell that to biden and that muslim trash he swings with lolol.
- The Truth Will Set You Free
  
  Thanks sir. I find that I learn a lot from the excellent comments (for the most part) I mean posts on here…. Have a good Summer to you & yours.