1/47
14th Amendment
Brown v Board of Education (BvBE) 1954 🧵
This was a wonderful result in that it gave us desegregated schools...
But... This was an UNCONSTITUTIONAL SCOTUS decision and represents a purposeful “misinterpretation” of the 14th Amendment
.
14th Amendment
Brown v Board of Education (BvBE) 1954 🧵
This was a wonderful result in that it gave us desegregated schools...
But... This was an UNCONSTITUTIONAL SCOTUS decision and represents a purposeful “misinterpretation” of the 14th Amendment
.
2/47
Desegregation. A 9-0 decision. An OBVIOUS GOOD.
But a STRATEGY to saddle USA with a GOVERNMENT BY JUDICIARY
Instead of a Constitutional Amendment proposed by Congress or States, the JUDICIARY claimed their decision constitutional
This is incorrect.
Desegregation. A 9-0 decision. An OBVIOUS GOOD.
But a STRATEGY to saddle USA with a GOVERNMENT BY JUDICIARY
Instead of a Constitutional Amendment proposed by Congress or States, the JUDICIARY claimed their decision constitutional
This is incorrect.
3/47
All 9 Justices should have been impeached for being unfaithful to the Constitution
The Judicial Branch of the CENTRAL GOVERNMENT will ALWAYS look to EXPAND THE POWERS of the entirety of the CENTRAL GOVERNMENT
This is exactly what happened
All 9 Justices should have been impeached for being unfaithful to the Constitution
The Judicial Branch of the CENTRAL GOVERNMENT will ALWAYS look to EXPAND THE POWERS of the entirety of the CENTRAL GOVERNMENT
This is exactly what happened
4/47
OF COURSE the executive branch and legislative branch went along with BvBE - it EXPANDED FEDERAL POWER based on a new interpretation of the 14A
We will continue to pay the price whenever we allow the judiciary to govern
The STATES are the remedy
OF COURSE the executive branch and legislative branch went along with BvBE - it EXPANDED FEDERAL POWER based on a new interpretation of the 14A
We will continue to pay the price whenever we allow the judiciary to govern
The STATES are the remedy
5/47
The result of this SCOTUS decision was wonderful for black Americans and America in general, obviously, as it led to desegregation of schools
The question is, though, is BvBE a CONSTITUTIONAL decision? Let’s see...
The result of this SCOTUS decision was wonderful for black Americans and America in general, obviously, as it led to desegregation of schools
The question is, though, is BvBE a CONSTITUTIONAL decision? Let’s see...
6/47
The 14th A was ratified in 1868
The purpose of the 14th A was to constitutionalize the Civil Rights Bill of 1866 (which President Johnson vetoed).
history.com/.amp/topics/bl…
The 14th A was ratified in 1868
The purpose of the 14th A was to constitutionalize the Civil Rights Bill of 1866 (which President Johnson vetoed).
history.com/.amp/topics/bl…
7/47
Even though the North won the civil war, the North was still extremely racist..
Did the Radical Republicans in that 39th Congress really intend to write an Amendment for desegregation when they themselves still mandated segregated schools?
Even though the North won the civil war, the North was still extremely racist..
Did the Radical Republicans in that 39th Congress really intend to write an Amendment for desegregation when they themselves still mandated segregated schools?
8/47
If the 14th Amendment was determined to NOT provide blacks with the RIGHT TO VOTE, thus REQUIRING THE 15th Amendment to be written for that purpose, how the hell could the 14th be read to imply desegregation?
If the 14th Amendment was determined to NOT provide blacks with the RIGHT TO VOTE, thus REQUIRING THE 15th Amendment to be written for that purpose, how the hell could the 14th be read to imply desegregation?
9
Did you catch that?
The 14A, which guaranteed all men the right to life, liberty, and property, was deemed by the authors of 14A to NOT PERMIT THE RIGHT OF BLACKS TO VOTE
So they wrote the 15A
And we are supposed to believe that the 14A authorizes school desegregation?
Did you catch that?
The 14A, which guaranteed all men the right to life, liberty, and property, was deemed by the authors of 14A to NOT PERMIT THE RIGHT OF BLACKS TO VOTE
So they wrote the 15A
And we are supposed to believe that the 14A authorizes school desegregation?
10/47
A STRICT ORIGINALIST CONSTRUCTION of the constitution must be undertaken not only for the original constitution but for every amendment... If a LAZY or latitudinal construction is permitted, then
GOVERNMENT BY JUDICIARY AND A UNITARY FASCIST STATE IS THE RESULT
A STRICT ORIGINALIST CONSTRUCTION of the constitution must be undertaken not only for the original constitution but for every amendment... If a LAZY or latitudinal construction is permitted, then
GOVERNMENT BY JUDICIARY AND A UNITARY FASCIST STATE IS THE RESULT
11/47
When the "desegregation" case came to the Court in I952 , Justice Frankfurter assigned the task of compiling the legislative history of the amendment to his clerk:
Alexander Bickel
When the "desegregation" case came to the Court in I952 , Justice Frankfurter assigned the task of compiling the legislative history of the amendment to his clerk:
Alexander Bickel
12/47
August 1953, Bickel delivered his memorandum to Frankfurter with a cover letter in which he stated:
"It is impossible to conclude that the 39th Congress intended that segregation be abolished; 👉
Wait..
WHAT?
August 1953, Bickel delivered his memorandum to Frankfurter with a cover letter in which he stated:
"It is impossible to conclude that the 39th Congress intended that segregation be abolished; 👉
Wait..
WHAT?
13/47
impossible also to conclude that they foresaw it might be, under the language they were adopting....there is no evidence whatever showing that for its sponsors the civil rights formula had anything to do with unsegregated schools.”
WHAT?
This was the memo to SCOTUS BvBE
impossible also to conclude that they foresaw it might be, under the language they were adopting....there is no evidence whatever showing that for its sponsors the civil rights formula had anything to do with unsegregated schools.”
WHAT?
This was the memo to SCOTUS BvBE
14/47
Wilson, chairman of the House Judiciary Committee and the House Manager of the Bill for the 39th Congress, who could therefore speak authoritatively, had advised the House that the words "civil rights.., do not mean that all citizens shall sit on juries, 👉
This is good👉
Wilson, chairman of the House Judiciary Committee and the House Manager of the Bill for the 39th Congress, who could therefore speak authoritatively, had advised the House that the words "civil rights.., do not mean that all citizens shall sit on juries, 👉
This is good👉
15/47
or that their children shall attend the same schools. These are not civil rights."
Wilson's statement shows that SEGREGATION was EXCLUDED from the scope of the bill.
Voting required its own amendment so obviously desegregation should
Retroactively impeach dead SCOTUS?
or that their children shall attend the same schools. These are not civil rights."
Wilson's statement shows that SEGREGATION was EXCLUDED from the scope of the bill.
Voting required its own amendment so obviously desegregation should
Retroactively impeach dead SCOTUS?
16
In addition the 14A involved the "removal of the 'no discrimination' clause from the Civil Rights Bill. The Bill “was amended specifically to eliminate any reference to discriminatory practices like school segregation.., it looked as if a specific exclusion had been made”
In addition the 14A involved the "removal of the 'no discrimination' clause from the Civil Rights Bill. The Bill “was amended specifically to eliminate any reference to discriminatory practices like school segregation.., it looked as if a specific exclusion had been made”
17/47
The deletion was made at the insistence of John Bingham, the architect of the 14A.
He advised the Judiciary Committee to strike the "no discrimination" sentence of the Bill, in order to render it "less oppressive and therefore less objectionable."
The only way it passed
The deletion was made at the insistence of John Bingham, the architect of the 14A.
He advised the Judiciary Committee to strike the "no discrimination" sentence of the Bill, in order to render it "less oppressive and therefore less objectionable."
The only way it passed
18/47
The enactment of laws "for the general government of the people" was RESERVED TO THE STATES; "civil rights include and embrace every right that pertains to a citizen as such," including "political rights." 👉
(Abolitionist Bingham, author of 14A)
The enactment of laws "for the general government of the people" was RESERVED TO THE STATES; "civil rights include and embrace every right that pertains to a citizen as such," including "political rights." 👉
(Abolitionist Bingham, author of 14A)
19/47
On this view the Bill, according to Bingham, proposed "simply to strike down by congressional enactment every state constitution which makes a discrimination on account of race or color in any of the civil rights of the citizen." 👉
STAY WITH ME... THIS IS GOOD
On this view the Bill, according to Bingham, proposed "simply to strike down by congressional enactment every state constitution which makes a discrimination on account of race or color in any of the civil rights of the citizen." 👉
STAY WITH ME... THIS IS GOOD
20/47
With "some few exceptions every state in the Union does make some discrimination.., in respect of civil rights on account of color." Hence the "NO DISCRIMINATION " sentence "MUST BE STRICKEN OUT or the constitutions of the States are to be abolished by your act." (Bingham)
With "some few exceptions every state in the Union does make some discrimination.., in respect of civil rights on account of color." Hence the "NO DISCRIMINATION " sentence "MUST BE STRICKEN OUT or the constitutions of the States are to be abolished by your act." (Bingham)
21/47
In calling for the deletion, the abolitionist Bingham openly acknowledged that the bill as drafted would have prohibited statutes such as school segregation.
With the deletion, the 14A therefore was not intended to prohibit school segregation
ORIGINALISM 👆
In calling for the deletion, the abolitionist Bingham openly acknowledged that the bill as drafted would have prohibited statutes such as school segregation.
With the deletion, the 14A therefore was not intended to prohibit school segregation
ORIGINALISM 👆
22/47
Chairman Wilson confirmed that the deletion was designed to repel a "latitudinarian" construction:
Some members of the House thought, in the general words in relation to civil rights, it might be held by the courts that the RIGHT of SUFFRAGE was included in those rights..
Chairman Wilson confirmed that the deletion was designed to repel a "latitudinarian" construction:
Some members of the House thought, in the general words in relation to civil rights, it might be held by the courts that the RIGHT of SUFFRAGE was included in those rights..
23
“To obviate that difficulty and the difficulty growing out of ANY OTHER CONSTRUCTION beyond the specific rights named in the section, our amendment strikes out all of those general terms & leaves the bill with the rights specified in the section”
No suffrage or desegregation
“To obviate that difficulty and the difficulty growing out of ANY OTHER CONSTRUCTION beyond the specific rights named in the section, our amendment strikes out all of those general terms & leaves the bill with the rights specified in the section”
No suffrage or desegregation
24/47
“With suffrage unequivocally barred there was no reason to infer that desegregation, a far more touchy matter, was required.”
The 14 A permitted neither black voting rights nor desegregation
The 15 A was therefore written to cover suffrage
Where is the desegregation A?
“With suffrage unequivocally barred there was no reason to infer that desegregation, a far more touchy matter, was required.”
The 14 A permitted neither black voting rights nor desegregation
The 15 A was therefore written to cover suffrage
Where is the desegregation A?
25/47
Then there was another thorny fact: "Congress had permitted segregated schools in the District of Columbia from 1864 onward.”
Originalism
CONGRESS MAKES THE LAWS FOR WASHINGTON DC
THE RADICAL REPUBLICANS DID NOT DESEGREGATE DC SCHOOLS
Then there was another thorny fact: "Congress had permitted segregated schools in the District of Columbia from 1864 onward.”
Originalism
CONGRESS MAKES THE LAWS FOR WASHINGTON DC
THE RADICAL REPUBLICANS DID NOT DESEGREGATE DC SCHOOLS
26/47
Congressional support of SEGREGATED schools in Washington DC at the same time as the adoption of the 14 A (and the Civil Rights Act) was CONCLUSIVE evidence that Congress had not intended the 14A to invalidate school segregation laws
(Congress makes laws for DC)
Congressional support of SEGREGATED schools in Washington DC at the same time as the adoption of the 14 A (and the Civil Rights Act) was CONCLUSIVE evidence that Congress had not intended the 14A to invalidate school segregation laws
(Congress makes laws for DC)
27/47
Originalism:
39th Congressman John L. Thomas of Maryland:
“As a freeman, he is entitled to acquire and dispose of real and other property ... to have his life, liberty, and person protected by the
same laws that protect me...👉
Originalism:
39th Congressman John L. Thomas of Maryland:
“As a freeman, he is entitled to acquire and dispose of real and other property ... to have his life, liberty, and person protected by the
same laws that protect me...👉
28/47
..so shall he not only have the right to enforce his contract, but to that end shall be received as a witness
in a court of justice on the same terms...👉
Congressman John L. Thomas
..so shall he not only have the right to enforce his contract, but to that end shall be received as a witness
in a court of justice on the same terms...👉
Congressman John L. Thomas
29/47
...It would be an outrage if we were to refuse to throw around them such legal guards as will prove their only protection and secure to them the enforcement of their fights. I will go even further...👉
Congressman John L. Thomas
...It would be an outrage if we were to refuse to throw around them such legal guards as will prove their only protection and secure to them the enforcement of their fights. I will go even further...👉
Congressman John L. Thomas
30/47
and will vote for all measures to elevate their condition and to educate them separate and apart from the whites... But when it comes to placing him upon the same social and political level as my own race, I must refuse to do it.” - John L. Thomas
Desegregation?
and will vote for all measures to elevate their condition and to educate them separate and apart from the whites... But when it comes to placing him upon the same social and political level as my own race, I must refuse to do it.” - John L. Thomas
Desegregation?
31/47
The "imperfect" understanding of EQUAL PROTECTION in 1866 means that the framers of the 14A did not conceive it in the vastly broadened terms given to the phrase by the Warren Court of Brown v Board of Education in the 1950s
(Desegregation needed to be an Amendment)
The "imperfect" understanding of EQUAL PROTECTION in 1866 means that the framers of the 14A did not conceive it in the vastly broadened terms given to the phrase by the Warren Court of Brown v Board of Education in the 1950s
(Desegregation needed to be an Amendment)
32 /47
Justice Felix Frankfurter 1954: "What justifies us in saying that what was equal in 1868 is not equal now? "
“The equality of laws enshrined in a constitution which was ‘made for an undefined and expanding future ..., 👉
Here we go.. An “explanation”
Justice Felix Frankfurter 1954: "What justifies us in saying that what was equal in 1868 is not equal now? "
“The equality of laws enshrined in a constitution which was ‘made for an undefined and expanding future ..., 👉
Here we go.. An “explanation”
33/47
is not a fixed formula defined with finality at a particular time. It does not reflect, as a congealed summary, the social arrangements and beliefs of a particular epoch...👉
Oh brother
And Congress and the Executive let this explanation stand
We The People = Fools
is not a fixed formula defined with finality at a particular time. It does not reflect, as a congealed summary, the social arrangements and beliefs of a particular epoch...👉
Oh brother
And Congress and the Executive let this explanation stand
We The People = Fools
34
...The effect of changes in men's feelings for what is right and just is equally relevant in determining whether a discrimination denies the equal protection of the laws.”
Justice Frankfurter
Judicial Activism
Government by Judiciary
A great result thru wrong methods
...The effect of changes in men's feelings for what is right and just is equally relevant in determining whether a discrimination denies the equal protection of the laws.”
Justice Frankfurter
Judicial Activism
Government by Judiciary
A great result thru wrong methods
35/47
This implies that the PEOPLE could not be TRUSTED to reflect the "changes in men's feelings" by an AMENDMENT, and that in consequence the Justices HAD TO REWRITE the Constitution FOR THE PEOPLE.
Government by Judiciary
(The D and R Party ALLOW THIS: UNIPARTY)
This implies that the PEOPLE could not be TRUSTED to reflect the "changes in men's feelings" by an AMENDMENT, and that in consequence the Justices HAD TO REWRITE the Constitution FOR THE PEOPLE.
Government by Judiciary
(The D and R Party ALLOW THIS: UNIPARTY)
36
JUDICIAL ACTIVISM: Justices can feel the pulse of the modern epoch & decide what’s best for us by giving new definitions to words in the constitution (see #RoeVWade) and deciding what’s best for Americans NOW even if they know the framers of said Amendment thought otherwise
JUDICIAL ACTIVISM: Justices can feel the pulse of the modern epoch & decide what’s best for us by giving new definitions to words in the constitution (see #RoeVWade) and deciding what’s best for Americans NOW even if they know the framers of said Amendment thought otherwise
https://twitter.com/chbstone2/status/1433541819896418305
37/47
BvBE represents a new LAW (written by the JUDICIARY) for a new day. A latitudinal interpretation of an Amendment.
Government by the Judiciary
Who speaks for the people? The Justices of SCOTUS or the Constitution?
What LIMITS the Central Government?
#BrownVBoardEd
BvBE represents a new LAW (written by the JUDICIARY) for a new day. A latitudinal interpretation of an Amendment.
Government by the Judiciary
Who speaks for the people? The Justices of SCOTUS or the Constitution?
What LIMITS the Central Government?
#BrownVBoardEd
38
Just as a constitutional amendment was required for black suffrage, a constitutional amendment was needed for school desegregation
Do you support desegregation? I do. But I recognize a lesson here :
All 9 Justices involved in BvBE SHOULD HAVE BEEN IMPEACHED instantly
Just as a constitutional amendment was required for black suffrage, a constitutional amendment was needed for school desegregation
Do you support desegregation? I do. But I recognize a lesson here :
All 9 Justices involved in BvBE SHOULD HAVE BEEN IMPEACHED instantly
39/47
The Constitution is a LIMITING DOCUMENT
It LIMITS the Central Government
The Judiciary is required to be faithful to the Constitution
If the Judiciary is ALLOWED to make their own laws, they will because this EXPANDS THE POWER of the ENTIRE CENTRAL GOVERNMENT
The Constitution is a LIMITING DOCUMENT
It LIMITS the Central Government
The Judiciary is required to be faithful to the Constitution
If the Judiciary is ALLOWED to make their own laws, they will because this EXPANDS THE POWER of the ENTIRE CENTRAL GOVERNMENT
40/47
Someone has to check the Judiciary
We are learning that it is NOT the Executive and it DEFINITELY IS NOT THE LEGISLATURE
There is truly only one check - the PEOPLE through their STATES
The STATES ARE THE CHECK ON THE JUDICIARY
Someone has to check the Judiciary
We are learning that it is NOT the Executive and it DEFINITELY IS NOT THE LEGISLATURE
There is truly only one check - the PEOPLE through their STATES
The STATES ARE THE CHECK ON THE JUDICIARY
41/47
We have hardly had any Amendments made since WW2. The latitudinal interpretation of the 14A by the Judiciary is a prime reason.
The 14A and COMMON LAW
We CANNOT permit this
This is why ORIGINAL INTENT is the key to interpreting the Constitution
We have hardly had any Amendments made since WW2. The latitudinal interpretation of the 14A by the Judiciary is a prime reason.
The 14A and COMMON LAW
We CANNOT permit this
This is why ORIGINAL INTENT is the key to interpreting the Constitution
https://twitter.com/chbstone2/status/1426552031846846464
42/47
If we want something Constitutionalized and it’s not yet in the Constitution, asking the Judiciary to govern will lead to tyranny.
The appropriate method is via the SOVEREIGN STATES
If we want something Constitutionalized and it’s not yet in the Constitution, asking the Judiciary to govern will lead to tyranny.
The appropriate method is via the SOVEREIGN STATES
43/47
If LIMITED GOVERNMENT is a central theme of one’s political beliefs then STRICT CONSTRUCTION of the document that LIMITS THE GOVERNMENT should be essential
Don’t expect a political party to do this
Neither Party limits the central government
If LIMITED GOVERNMENT is a central theme of one’s political beliefs then STRICT CONSTRUCTION of the document that LIMITS THE GOVERNMENT should be essential
Don’t expect a political party to do this
Neither Party limits the central government
44/47
To STRICTLY LIMIT the central government,
This requires Original Intent : Using an Originalist approach to interpreting each and every Amendment
The R Party, in face, advocates the teachings of Joseph Story (spend time going through the attached thread on next slide)👉
To STRICTLY LIMIT the central government,
This requires Original Intent : Using an Originalist approach to interpreting each and every Amendment
The R Party, in face, advocates the teachings of Joseph Story (spend time going through the attached thread on next slide)👉
45/47
Law schools do not teach Original intent
They teach Judicial Activism, Judicial Supremacy, and the teachings of Chief Justice Joseph Story and his 1833 book
They SHOULD be teaching St George Tucker
Law schools do not teach Original intent
They teach Judicial Activism, Judicial Supremacy, and the teachings of Chief Justice Joseph Story and his 1833 book
They SHOULD be teaching St George Tucker
https://twitter.com/chbstone2/status/1419473134634389510
46/47
As I mentioned, the only true check on the Judiciary is through FEDERALISM - the STATES
The States hold 3 key powers:
Nullification
Article V Amendment process
And the threat of secession
The States are the key
As I mentioned, the only true check on the Judiciary is through FEDERALISM - the STATES
The States hold 3 key powers:
Nullification
Article V Amendment process
And the threat of secession
The States are the key
https://twitter.com/chbstone2/status/1164361025690525697
47/47
The source of this thread is the book Government by Judiciary by Raoul Berger, chapter on Segregation
It is free online: see link below
🖐
files.libertyfund.org/files/675/0003…
The source of this thread is the book Government by Judiciary by Raoul Berger, chapter on Segregation
It is free online: see link below
🖐
files.libertyfund.org/files/675/0003…
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