Sunday, January 9, 2011

U.S. Constitution Reverses the Slavery Impact of English Common Law




By Syreeta L. McNeal, CPA, JD


Progressives are criticizing the reading of the U.S. Constitution, led by the Republican Majority of the U.S. House of Representatives this past week. As a Missouri lawyer, who took an oath to uphold the U.S. Constitution, I have to point out the discrepancies that exist with many Progressives on this matter. Progressives don't realize that they are critizing the very document that gives them the freedoms (e.g. right to vote for blacks, women, adults over the age of 18) that they would not have if the U.S. Constitution did not exist.


Impact of Slavery Under English Common Law
English Common Law prevailed prior to the creation of the U.S. Constitution. Under English Common Law, slavery existed for everybody who was not a wealthy, white male landowner. Any person who was white and poor would not be allowed to vote, exercise free speech, etc... Also, women and people of african descent (or color) did not have rights to vote, exercise free speech, marriage, etc... under English Common Law.


Impact of U.S. Constitution on English Common Law
What the U.S. Constitution did, through its Amendment process in Article V, is allow the people of the U.S. to slowly erase the visages that existed under English Common Law. To understand the U.S. Constitution, you can't look solely at one section alone. You must look at the whole thing in its entirety, including its Amendments, to understand the impact of the document on all U.S. citizens. Listed below are passages of the U.S. Constitution that many Progressives need to READ and become familiar with:


Article V:
"The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."


Amendment XIII [1865]:
"Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation."


Amendment XV [1870]:
"Section 1. Thr right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation."


Amendment XIX [1920]:
"[1] The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
[2] Congress shall have power to enforce this article by appropriate legislation."


Amendment XXVI [1971]:
"Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2. The Congress shall have power to enforce this article by appropriate legislation."


Result of NOT Following the U.S. Constitution
If Progressives get their way and the U.S. does not follow the Constitution as the rule of law, English common law will revert back as the law of the land. That means slavery can re-exist for everone who is NOT a wealthy, white male landowner.


So for those Progressives who are women or people of color, do you really want to be subject to slavery again? Something to ponder about why you try to condemn or not follow the U.S. Constitution, which is the very fabric that gives you your rights and freedoms in the U.S.

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