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
"We must not forget that the province and scope of the 13th and 14th
Amendments are different;" that the 13th Amendment "simply abolished
slavery," and that the 14th Amendment "prohibited the States from
abridging the privileges and immunities of citizens of the United
States; from depriving them of life, liberty or property, without due
process of law; and from denying to any the equal protection of the
laws."
We are told that:
"The amendments are different, and the powers of Congress under them are
different. What Congress has power to do under one it may not have power
to do under the other." That "under the 13th Amendment it has only to do
with slavery and its incidents;" but that "under the 14th Amendment
it has power to counteract and render nugatory all State laws or
proceedings which have the effect to abridge any of the privileges or
immunities of the citizens of the United States, or to deprive them of
life, liberty or property, without due process of law, or to deny to any
of them the equal protection of the laws."
Did not Congress have that power under the 13th Amendment? Could the
States, in spite of the 13th Amendment, deprive free men of life or
property without due process of law? Does the Supreme Court wish to be
understood, that until the 14th Amendment was adopted the States had
the right to rob and kill free men? Yet, in its effort to narrow and
belittle the 13th Amendment, it has been driven to this absurdity. Did
not Congress, under the 13th Amendment, have power to destroy slavery
and involuntary servitude? Did not Congress, under that amendment, have
the power to protect the lives, liberty and property of free men? And
did not Congress have the power "to render nugatory all State laws and
proceedings under which free men were to be deprived of life, liberty or
property, without due process of law"?
If Congress was not clothed with such power by the 13th Amendment, what
was the object of that amendment? Was that amendment a mere opinion, or
a prophecy, or the expression of a hope?
The 14th Amendment provides that:
"No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States. Nor shall
any State deprive any person of life, liberty, or property without due
process of law; nor deny to any person within its jurisdiction the equal
protection of its laws."
We are told by the Supreme Court that Congress has no right to enforce
the 14th Amendment by direct legislation, but that the legislation under
that amendment can only be of a "corrective" character--such as may
be necessary or proper for counteracting and redressing the effect
of unconstitutional laws passed by the States. In other words, that
Congress has no duty to perform, except to counteract the effect of
unconstitutional laws by corrective legislation.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account