GLEN COVE, NY — Many law school professors, political
scientists, constitutional lawyers, and liberal journalists hold the
Fourteenth Amendment to the Constitution in such awe and reverence
that they must think it was handed down on Mount Sinai. The truth is
that its adoption was tainted because it was accomplished by military
force and three-quarters of the states did not provide simultaneous
consent. Indeed, an excellent argument was made when it was certified
that it had not been legally adopted.
The Fourteenth Amendment was intended to ensure that
the North could treat the South as a conquered country, that the South
could not re-fight the war in the courts, and that former slaves and
their descendents would have the same legal rights as other citizens.
Instead, it has given us a national abortion epidemic; legalized pornography,
sacrilege, and blasphemy; banned prayer and the Bible from public schools
and the Ten Commandments from the courts; abolished true bicameralism
in our state legislatures; kept reliable evidence out of criminal trials;
and impeded good police work. It has also been used to legalize the
desecration of the American flag. “Wherefore by their fruits you shall know them” (Matthew
Flags are often described as “holy.” Alessandro Manzoni called the
Italian flag “holy” in his poem “Marzo 1821,” and Father
Abram Ryan called the Confederate Battle Flag “holy” in his poem, “The
Conquered Banner.” Although new flags are sometimes blessed, this is not
the reason they are holy. Flags were invented to be carried in battle. As Father
Ryan writes, the Battle Flag is holy “for it droops above the dead.” Our
Lord says, “Greater love than this no man hath, that a man lay down his
life for his friends” (John 15:13). Flags are a physical reminder of Our
American lives have been lost for the freedom of more people than those of any
other country. Americans are not alone in owing their liberty to those who died
under the American flag. Americans who desecrate their flag act in a truly despicable
manner. War veterans have taken the lead in trying to stop this action.
Despite several attempts, there has never been a constitutional
amendment to correct the abuses of the Fourteenth Amendment. The Republican
Party has supported a “Human Life Amendment” for years. There were serious attempts to
amend the Constitution to restore prayer to the schools. Most recent are efforts
to change the Fourteenth Amendment’s definition of citizenship.
Whenever a proposal to change the Fourteenth Amendment is made, liberals devote
their energies to defeating it. Nevertheless, the campaign to amend the Constitution
to protect the American flag has come close to success. Such an amendment has
the support of all 50 state legislatures and has been passed overwhelmingly several
times by the House of Representatives. In the Senate, it received more than 60
votes but never the 67 needed. The measure came within two votes on one occasion
when liberals changed one vote at the last minute and another senator said he
would not be the deciding vote to defeat it.
Liberals are determined to defeat the Flag Protection Amendment because they
know that its adoption it will revitalize the morale of the supporters of other
amendments to curb the abuse of the Fourteenth Amendment. For that same reason,
everyone who thinks the Fourteenth Amendment is being abused should support the
amendment most likely to pass. Once the Supreme Court is rebuked on its Fourteenth
Amendment jurisprudence, it may well choose to become more prudent.
The Confederate Lawyer column is copyright © 2010
by Charles G. Mills and the Fitzgerald Griffin Foundation, www.fgfBooks.com.
All rights reserved.
Charles G. Mills is the Judge Advocate or general counsel for the
New York State American Legion. He has forty years of experience in
many trial and appellate courts and has published several articles
about the law.
See his biographical sketch and additional columns here.
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