05/27/2024
https://www.govinfo.gov/content/pkg/GPO-CRECB-1967-pt12/pdf/GPO-CRECB-1967-pt12-2-1.pdf THE 14TH AMENDMENT Is UNCONSTITUTIONAL The purported 14th Amendment to the United States Constitution is and should be held to be ineffective, invalid, null, void and unconstitutional for the following reasons: 1. The Joint Resolution proposing said Amendment was not submitted to or adopted by a Constitutional Congress. Article I, Section 3, and Article V of the U.S. Constitution. 2. The Joint Resolution was not submitted to the President for his approval. Article I, Section 7. 3. The proposed 14th Amendment was rejected by more than one-fourth of all the States then in the Union, and it was never ratified by three-fourths of all the States in the Union. Article V. I. THE UNCONSTITUTIONAL CONGRESS The U.S. Constitution provides: Article I, Section 3. "The Senate of the United States shall be composed of two Senators from each State • • *" Article V provides: "No State, without its consent, shall be deprived of its equal suffrage in the Senate." The fact that 23 Senators had been unlawfully excluded from the U.S. Senate, in order to secure a two-thirds vote for adoption of the Joint Resolution proposing the 14th Amendment is shown by Resolutions of pro- test adopted by the following State Legislatures: The New Jersey Legislature by Resolution of March 27, 1868, protested as follows: "The said proposed amendment not having yet received the assent of the three-fourths of the states, which is necessary to make it valid, the natural and constitutional right of this state to withdraw its assent is undeniable • • • ."… The Joint Resolution proposing the 14th Amendment 9 was never presented to the President of the United States for his approval, as President Andrew Johnson stated in his message on June 22, 1866.10 Therefore, the Joint Resolution did not take effect. DI. PROPOSED AMENDMENT NEVER RATIFIED BY THREE-FOURTHS OF THE STATES 1. Pretermitting the ineffectiveness of said resolution, as above, ftfteen (15) States out of the then thirty-seven (37) States of the Union rejected the proposed 14th Amend-ment between the date of its submission to the States by the Secretary of State on June 16, 1866 and March 24, 1868, thereby further nullifying said resolution and making it impossible for its ratification by the constitutionally required three-fourths of such States, as shown by the rejections thereof by the Legislatures of the following states: Texas rejected the 14th Amendment on October 27, 1866. Georgia rejected the 14th Amendment on November 9, 1866. Florida rejected the 14th Amendment on December 6, 1866. Alabama rejected the 14th Amendment on December 7, 1866. North Carolina rejected the 14th Amendment on December 14, 1866. Arkansas rejected the 14th Amendment on December 17, l866. South Carolina rejected the 14th Amendment on December 20, 1866. Kentucky rejected the 14th Amendment on January 8, 1867. Virginia rejected the 14th Amendment on January 9, 1867. Louisiana rejected the 14th Amendment on February 6, 1867. Delaware rejected the 14th Amendment on February 7, 1867. Maryland rejected the 14th Amendment on March 23, 1867. Mississippi rejected the 14th Amendment on January 31, 1867. Ohio rejected the 14th Amendment on January 15, 1868. New Jersey rejected the 14th Amendment on March 24, 1868. There was no question that all of the Southern states which rejected the 14th Amendment had legally constituted governments, were fully recognized by the federal government, and were functioning as member states of the Union at the time of their rejection.