The 14th Amendment, you are correct, was not ratified PER THE CONSTITUTION. But there is a document that came BEFORE the Constitution and is considered jurisprudence of this country as well. The constitutionality of the 14th Amendment was set to be heard by the SCOTUS. But Congress passed legislation that the Judicial branch could not hear and rule on matters of politics.
The US citizenship is a choice of which body politic one wishes to join, therefore the 14th Amendment is a political matter, not to be heard by the Judicial branch. And it never has been.
The Declaration of Independence states: That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government.
This is the ratification process that makes the 14th Amendment De Jure. Each individual ratifies the 14th Amendment by accepting the status of United States citizen. It has no effect on those who do not. The 14th Amendment did not repeal anything, it created a Democracy within the Republic; two separate systems. One a Republic, one a Democracy. Which one you are member of depends on your choice. And this IS the right of the people, to alter THIER form of government. I agree with you 110% that the Amendment was not ratified in accordance with the Constitution, but it is ratified by each individual who wishes to be in THAT government. The 14th Amendment is itself a mini constitution within the Constitution. It sets out WHO will be its citizens, it sets out the branches of government, who can vote, it establishes the credit of this United States, and the 5th Clause establishes the "living" constitution, the laws of this United States, which are the Statutes passed per the 5th clause. It establishes the privileges and immunities of its citizens. It is, along with the statutes passed per the 5th clause, a complete constitution in itself.
And yet it did not repeal anything. It merely established a separate system for those who are born or naturalized in the United States, AND subject to its jurisdiction. Jurisdiction is something that must be given, consented to. While one cannot change their birthplace, they CAN withdraw consent. As nothing was repealed of old, then you are either of their system, OR of the old system, but not both.
Since the old was not repealed, it was not overthrown. It is BEING overthrown. It is a continual process. A US citizen could be said to be an insurgent in an ongoing insurgency against the Law of the Land. This is a crime per the Constitution. What does that 13th Amendment say about criminals and slavery???
You are essentially accusing the court (judges) of a crime. You should not expect them to answer your question as such. If you are accusing them of a crime, they have the right to not be compelled to witness against themselves in such case (5th Amendment). It would be illogical to expect them to witness against themselves.
"Ehhh, What's ups Doc?" B.Bunny "Scwewy Wabbit!"E. Fudd
People's Awareness Coalition: Deprogramming Sequence
Want DP delivered to your inbox daily? Subscribe here: