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
"Under that clause of the section Congress became clothed with the
appropriate authority to legislate for its enforcement."
Now let us look at the 13th and 14th Amendments in the light of that
decision.
First. Liberty and citizenship were given the colored people by this
amendment. And Justice Story tells us that:
"The power of Congress to enforce rights conferred by the Constitution
is not limited to the express powers of legislation enumerated in the
Constitution, but the powers which are necessary to protect such rights
are always implied."
Language cannot be stronger; words cannot be clearer. But now this
decision has been reversed by the Supreme Court, and Congress is left
powerless to protect rights conferred by the Constitution. It has been
shorn of implied powers. It has duties to perform, and no power to act.
It has rights to protect, but cannot choose the means. It is entangled
in its own strength. It is a prisoner in the bastile of judicial
construction.
Let us go further. Justice Story tells us that:
"The words 'but shall be given up on the claim of the person to whom
such labor or service may be due,' clothes Congress with the appropriate
authority to legislate for its enforcement."
In the light of this remark, let us look at the 14th Amendment:
"All persons bom or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the State
wherein they reside."
To which are added these words:
"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 the laws."
Now, if the words: "But shall be delivered up on claim of the party to
whom such service or labor may be due," clothes Congress with power to
legislate upon the entire subject, then I ask if the words in the
14th Amendment declaring that "no law shall be made by any State, or
enforced, which shall abridge the privileges or immunities of citizens
of the United States; and that no State shall 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 the laws," does
not clothe Congress with the power to legislate upon the entire subject?
In the two cases there is only this difference: The first decision was
made in the interest of human slavery--made to protect property in man;
and the second decision ought to have been made for exactly the opposite
purpose. Under the first decision, Congress had the right to select the
means--but now that is denied. And yet it was decided in _M'Cauley vs.
The State_, 4 Wheaton, 316, that:
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