The original intent of the 14th Amendment, and of the Congress and the American people who ratified it, can best be understood in the light of the ch… - Harry V. Jaffa

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The original intent of the 14th Amendment, and of the Congress and the American people who ratified it, can best be understood in the light of the change it effected in antecedent constitutional law. Taney's opinion in Dred Scott was still in effect as the Civil War came to an end. By it Negroes, whether free or slave, could not be citizens of the United States. Although the 13th Amendment abolished slavery, it did not settle the question of Negro citizenship. This was however decided by the opening sentence 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." The intent of this sentence could however be frustrated if it were possible to make distinctions within citizenship, by which some citizens would have more rights, and others less. It was to prevent this that the Amendment went on to declare that "No State shall... deny to any person within its jurisdiction the equal protection of the laws."

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About Harry V. Jaffa

Harry Victor Jaffa (7 October 1918 – 10 January 2015) was an American historian, writer, and collegiate professor from New York City, known for his writings on the American Civil War.

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Alternative Names: Harry Victor Jaffa Harry Jaffa
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While slavery meant Egypt, and slavemasters meant Pharoah, America itself remained the promised land. The slaves knew that it was not in Africa, Europe, or anywhere else that a nation had been founded upon the self-evident truth that all men are created equal. It was their destiny to cross over jordan here, and to make their decisive contribution to the human story here, by partaking of that new birth of freedom that alone could vindicate the cause of all human beings everywhere.

The recently passed law to "end welfare as we know it" came about because a lethargic public has been aroused at last, not by the failure of the welfare system but by its success. The public indignation, however, would have been of no effect had we not elected a Republican Congress. No Democratic Congress would ever have passed such a law. Just as welfare reform may help end the poverty industry, the California Civil Rights Initiative on the November ballot may lead to the demise of another 1960s product, the racism and sexism industry. The 1964 Civil Rights Act outlawed discrimination based upon race, sex, color, religion or ethnic origin. The act was based on the premise that the only race to which a person must belong is the human race. With respect to God-given natural rights, "all men are created equal".

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There were eight of them that had laws trying to protect black people who were free from being kidnapped as slaves, because under the law of 1850, the Fugitive Slave Act. If a Southerner came across from Virginia to Pennsylvania and saw a black man that he thought he would like to have as a slave, he had to say, 'Well, that’s my runaway slave', and this runaway slave would then be arrested and confined, and then there would be a hearing before a federal commissioner. And the would-be slave owner could summon witnesses—as many as he wanted. The man accused of being a slave could summon no witnesses, had no counsel. And if the federal commissioner decided he was a slave, he was paid $10, and if he decided he was a free man, he was paid $5. It’s hard to imagine any law passed in either Nazi Germany or Stalin's Russia that was more inconsistent with the principles of civil liberty than the Fugitive Slave Act.

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