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Validity of 13th and 14th Amendments

t This legitimacy issue resembles that of New Deal. As shown by chronology below, how can 13A and 14A both be part of USC? 13A’s ratification depended on votes of southern government’s which were then declared void by Congress and excluded from Union until they ratified 14A.

n Feb/Dec 1865. 13A ratified by Southern states at Johnson’s insistence, simultaneously with Congressional elections in South.

n Dec 1865. 13A proclaimed valid; southern reps excluded from Congress.

n June 1866. 14A proposed by (rump) Congress. Tennessee ratified in July and was admitted to Congress; other 10 seceded states rejected and were excluded.

n Fall 1866. Johnson, now allied with Democrats, argued unconstitutionality of Southern exclusion from Congress and illegitimacy of 14A. 14A was central issue in election. Sweeping victory for Congressional Republicans: more than 2/3 of both houses of Congress (enough to override any presidential veto), every Northern state legislature, every northern gubernatorial contest.

n March 1867. Military Reconstruction Act placed Southern governments under military supervision. Can’t get back in until they ratify 14A.

n 1868. 14A ratified.

n March 1868. Johnson stopped obstructing Reconstruction and avoided impeachment.

t Reconstruction is another keystone of Ackerman’s constitutional theory. As in 1787 and 1937, a radical change in the nature of the federal government, achieved by legally questionable means, and ratified by a landslide election.

The power to enforce the reconstruction amendments

t Amendments 13,14,15 all give Congress power to enforce, by appropriate legislation, the provisions of amendments.

t However, given that Amendments 13,14,15 are self-executing, it is not clear what exactly Congress’ power to execute them is. [Brown v. Board of Educationdid not invoke federal statute.]


Date: 2015-01-02; view: 807


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