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Re: When the South Reunited with the North

Let's start over...

You stated.

"Congress cannot simply remove a section of an amendment - it would have to pass an additional amendment which would then need to be ratified by the states to take effect. Congress may, by a 2/3 vote, remove such disability from an individual, but Section 3 remains the law of the land to this day."

My opinion is with the last sentence in Section 3 being...

" But Congress may by a vote of two-thirds of each House, remove such disability."

...the section could be made totally powerless. The 1898 act could have simple read...

"That the disability imposed by section three of the Fourteenth Amendment to the Constitution of the United States is hereby removed."

or

"That the disability imposed by section three of the Fourteenth Amendment to the Constitution of the United States subsequently incurred is hereby removed"

As orginally submitted and passed on May 12, 1898 it read...

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all disabilities imposed by the fourteenth amendment of the Constitution of the United States upon persons on account of having engaged in insurrection or rebellion against the United States and on account of having given aid or comfort to the enemies thereof are hereby removed."

On June 1, it was amended with some changes one of them being "heretofore incurred is hereby removed".

It didn't matter which was written in the law the 14th Amendment gave them power to do as they pleased for that section. I took a look around and this section is debated a lot. The Utah Supreme Court wrote...

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IN THE SUPREME COURT FOR THE STATE OF UTAH (Dyett v. Turner, 439 P2d 266 @ 269, 20 U2d 403 [1968]) THE NON-RATIFICATION OF THE FOURTEENTH AMENDMENT(Judge A.H. Ellett)

"It is well known that the Constitution for the United States of America may not be amended by statute. [Article V, Constitution for the United States of America]. It is presumable that Congress fully understands this fact. "An Act of Congress" Approved June 6, 1898, /73 provides:

". . . that the disability imposed by Section 3 of the Fourteenth Amendment to the United States Constitution heretofore incurred is hereby removed."

According to Marbury v. Madison, /74 either the Constitution is the supreme and paramount law, unchangeable by mere legislative enactment, or it is a futile attempt by the people to control their government. Either the Fourteenth Amendment has no more standing than a statute or it violates the principles of government proposed by the original Constitution by allowing Congress to change its provisions by its own legislative authority. [See Rogers v. Bellei /75 (Dissenting Opinion), as to Congress changing the intent of the Fourteenth Amendment by mere legislation]. This being the case, the Fourteenth Amendment must be something less than organic law.

Ironically enough, Madison (the Defendant in Marbury v. Madison [supra.]) in the Constitutional Convention (while moving for the ratification of the Constitution by the people rather than the State legislatures) agreed that a legislature could not amend the organic law that put it into existence.

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So with all of that, when I used the termed "removed" I was using their term. I also stated it was "removed" in 1898. I later stated the original text, that stated that it "removed" the law covering all those who came under it prior to the date inacted or "heretofore incurred". On this I do agree with you. But it seems it has problems in the courts from what I've found, since then. Its not a very good law.

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My original point.

"The Removal of Disability- The good feeling between the North and South, brought about by the war with Spain, was manifested in many ways during the session through individual action; but the passage of an act removing the disability imposed in section 3 of Amendment XIV to the Constitution seemed to brush aside the last shadow of a grievance left by the Civil War."

Appletons' Annual Cyclopaedia and Register of Important Events of the Year 1898.
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David Upton

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Re: When the South Reunited with the North