The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—Miscellany — John Shaqi
The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—MiscellanyIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—Miscellany
Ingersoll, Robert Green
Free thought
Now, the question is--and it is the only question--can these rights
and immunities, thus guaranteed and thus confirmed, be protected by the
General Government?
In the case of _The U. S. vs. Reese, et al._, 92 U. S., p. 207,
the Supreme Court decided, the opinion having been delivered by
Chief-Justice Waite, as follows:
"Rights and immunities created by, and dependent upon, the Constitution
of the United States can be protected by Congress. The form and the
manner of the protection may be such as Congress in the legitimate
exercise of its legislative discretion shall provide. This may be varied
to meet the necessities of the particular right to be protected."
This decision was acquiesced in by Justices Strong, Bradley, Swayne,
Davis, Miller and Field. Dissenting opinions were filed by Justices
Clifford and Hunt, but neither dissented from the proposition that:
"Rights and immunities created by or dependent upon the Constitution of
the United States can be protected by Congress," and that "the form and
manner of the protection may be such as Congress in the exercise of its
legitimate discretion shall provide."
So, in the same case, I find this language:
"It follows that the Amendment"--meaning the 15th--"has invested the
citizens of the United States with a new constitutional right, which
is within the protecting power of Congress. This, under the express
provisions of the second section of the Amendment, Congress may enforce
by appropriate legislation."
If the 15th Amendment invested the citizens of the United States with
a new constitutional right--that is, the right to vote--and if for that
reason that right is within the protecting power of Congress, then I
ask, if the 14th Amendment made certain persons citizens of the United
States, did such citizenship become a constitutional right? And is such
citizenship within the protecting power of Congress? Does citizenship
mean anything except certain "rights, privileges and immunities"?
Is it not an invasion of citizenship to invade the immunities or
privileges or rights belonging to a citizen? Are not, then, all the
immunities and privileges and rights under the protecting power of
Congress?
The 13th Amendment found the negro a slave, and made him a free man.
That gave to him a new constitutional right, and according to the
Supreme Court, that right is within the protecting power of Congress.
What rights are within the protecting power of Congress? All the rights
belonging to a free man.
The 14th Amendment made the negro a citizen. What then is under the
protecting power of Congress? All the rights, privileges and immunities
belonging to him as a citizen.
So, in the case of _Tennessee vs, Davis_, 100 U, S,, 263, the Supreme
Court, held that:
"The United States is a government whose authority extends over the
whole territory of the Union, acting upon all the States, and upon all
the people of all the States.
Public-domain text, read in full here on John Shaqi.
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