From the September 2001 Idaho Observer:
Senator Hayden's preface to constitutional analysis explains real result of Civil War
14th Amendment closed the southern plantation and freed the negro slaves; opened the federal plantation and made us all slaves
by Don Harkins
There were two Amendments added to the Constitution during those years [1952-1964]. But apart from that, this was a period during which the Supreme Court continued to expand its absorption of the Bill of Rights into the Due Process Clause of the 14th Amendment with the result that today very few of the Civil Liberties guaranteed by the first ten Amendments remain outside the scope of that clause, wrote the Honorable Carl Hayden in the preface to the 1964 Constitution of the United States Analysis and Interpretation.
At that time, Hayden (D-Ariz.) was president pro-tempore of the U.S. Senate. Hayden was a member of Congress from 1912 to 1969 and served as acting vice president after the assassination of JFK in 1963.
The clause to which the immensely powerful and politically astute Senator Hayden refers is found in Section 1 of the 14th Amendment. All persons born 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. 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 any person within its jurisdiction the equal protection of the laws. (emphasis added)
In the early 90s, 10th Federal District Judge Mariana Opala stated in a written opinion that the Constitution was written for sovereign state citizens and does not apply to 14th Amendment citizens.
Incorporated [into the due process clause of the 14th Amendment] during this interval were the guaranty against unreasonable searches and seizures of the Fourth Amendment, the protection against self-incrimination of the Fifth Amendment, and, in its entirety, the right to counsel in criminal prosecutions extended by the Sixth Amendment. Also absorbed was the provision against cruel and unusual punishment set forth in Amendment Eight, observed Senator Hayden.
The senator also noted that the Supreme Court's liberal interpretation of the 14th Amendment reserved to it the right to deal with social problems such as segregation and ...the observance of religious exercises in public schools.
The editor of the 1953 analysis Edward S. Corwin observed in the introduction to the 1964 version that there have been four distinct periods of Supreme Court personality. Corwin explained that we have been in the fourth period since WWI and the intent has been to consolidate power within the National Government and that ...there has been an increased flow of power in the direction of the President.
We can see the truth in comments made by Corwin and Senator Hayden by how the Bill of Rights is regarded by current courts and Congress. The Constitution Congress uses to justify its legislative actions is not the Constitution that was ratified in 1787.
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