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14th Amendment question?

I realize that the 14th Amendment was written to force the State courts and legislatures to not violate the rights to life Liberty and property to the slaves that were freed by Lincoln. But my question is this. Was it necessary since:

U.S. Constitution, Article 6, Section 1, Clause 3 -- Judges bound: and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

U.S. Constitution, Article 6, Section 1, Clause 5 -- Oath of Office: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;"

Don't these parts of the Constitution:

#1 already say that State legislatures are bound by the Constitution?

#2 that even if they aren't the judges are bound by it, so they cannot violate it even if the 14th Amendment wasn't there?

#3 is the section of that Amendment that says States cannot violate the Constitution a redundant Statement?

Update:

@ little princess. I agree but looking at the history of the Supreme court, if you provide where in the Constitution your case is valid, they decide in your favor. I've been looking into it a lot lately and reviewing the opinions of the judges and why they made the decision they did and I've only found a couple that are arguable. Mostly because when it goes in front of the court the people who present the case are pointing out the wrong sections of the Constitution itself. But eventually they get it right. And I don't know why, but when a person wins in the supreme court they never sue the Congressmen or the senators who voted for the law for fraud which is their right to do. That would make them think twice about signing a law like that again.

Update 2:

@dm_felio As it is my understanding that is exactly what we have now even today. The laws might say different but when it goes to court they are overturned. But I'm not understanding how you say that stating that the states cannot violate the 5th Amendment due process clause changed that to how you say it is. And if in other parts of the Constitution it holds State legislatures and state judges to the constitution how the 5th amendment did not already apply to the state judges and legislatures.

The states allow the control of the federal govt because the feds tax the people, states, and businesses then says they will give money to those states who follow their lead. But at any time the states still can stand on the precedent that they do not have to listen to the feds. It wasn't the 14th Amendment that allowed that. It was the greed of the state legislatures.

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  • 9 years ago
    Favorite Answer

    That the 14th Amendment is unnecessary and redundant is, in the mind of us Conservative American Patriots, an obvious statement. It accomplishes nothing. The only reason such an Amendment is needed at all is because of the fact that the Constitution did permit Slavery and so a special notice may have been needed to correct that portion of the issue in the feeble minds of some of the Supreme Court Justices.

    I Love to pick on Supreme Court Justices. They seem to be SO incapable of looking at what America is all about and identifying the true meaning of Liberty as it should be applied for All Responsible Citizens. Ex-slaves included.

    I remember the Civil Rights Act and the issue of school busing in the 1960's.

    When the related laws were passed by Congress the issue of busing was specifically mentioned and a legal clause stated that the Act was in NO WAY intended to permit school busing for the "sole purpose" of establishing a racial balance is the school systems.

    The Supreme Court said it was okay anyway. In fact, they Insisted on it. Those Judges ignored the law. They did Not say that law was unconstitutional, they just ordered the law, ordered busing, and all hell broke loose. the costs went sky high, children were sent far from their homes, and kept away from their parents for hours every day. You can easily see that Supreme Court order is totally ignored today because it was obvious to Everyone that the order was Wrong!

    Yes, wise Congressmen were likely aware of the foolishness pursued by the Supreme Court and the Justices who still to this day often admit that they are too stupid to figure out what original intent was.

    Yes, it seems the 14th Amendment, though redundant, was likely needed when it was written.

  • 9 years ago

    There is some redundancy. Mostly the 14th amendment established a federal government. Up until then we were a Union of States. We think of the term State as a territory within our country. That is accurate today. When the Constitution was ratified they were literally separate and semi-sovereign states. We more resembled the European Union of today. A collection of countries with a common money and free trade among them.

    added: The actual wording (The due process) was significant at the time. It was because a share cropper economy was forming in the former Confederate States. Former slaves had no jobs waiting or means of earning a livelihood. Many were accepting roles much like European peasants. The 14th amendment did bind the states to the Bill of Rights but you are saying that they were always bound. That is arguable and it was argued at the time. It still is actually.

    The 14th amendment made all persons in the US citizens of the US. Now that sounds like it's redundant but before that amendment the people were citizens of their respective states. It made all citizens subject to US laws. Also sounds redundant but before that the citizens were subject to their state or city laws. Aside from smuggling and counterfeiting, bankruptcy and a few other things that directly offended against the government there were not that many federal laws that applied to citizens. When you read the amendment it doesn't sound like it made us into a centrally governed country but your not considering that it made everyone subject to federal laws. It didn't have to bind the states. The amendment bound the citizens themselves. I don't think that was the intent at the time but that has been the interpretation over the years. It was a turning point.

    Don't forget that most states have their own constitution. Most of those were based on or influenced by the US Constitution. The Constitution can be interpreted as strictly a device for regulating the Federal government. Or it can be interpreted as applying to everyone (literally everyone as has been argued recently) The states generally respected their citizens rights from the beginning so did they do this in compliance with the US Constitution or in compliance with their own Constitutions? The Civil War was fought in part to answer that question. Now the question is moot because the 14th amendment binds them to the bill of rights whether they already respected those particular rights or not.

  • 4 years ago

    The 14th substitute describes the shortcoming of States to make regulations that conflict with the shape and additionally says that regulations could desire to be observed in the previous rights are infringed upon. be conscious that it would not describe the sorts of regulations that could desire to be enacted with a view to try this. Nor does it say that the shape has the main suitable say in what "privileges or immunities" are. Racial profiling is a manner of growing to be the pattern length smaller once you're searching for human beings. it extremely is a gadget. with the help of itself, it would not violate the shape. besides the undeniable fact that, that is many times utilized in this variety of ham-exceeded way which leads to treating all and sundry who suits the profile as immediately suspect. it extremely is the place I honestly have a difficulty with it, how that is utilized and interpreted with the help of the folk on the front traces.

  • 9 years ago

    Look at today's politicians. Even though they swear an oath to uphold and defend the constitution, many of them view the constitution as an obstacle rather than a the defining document of our country.

    Source(s): obamacare
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  • Anonymous
    9 years ago

    ..."frankly my dear, I don't give a damn" ! (Rhett Butler...Gone With The Wind)

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