I ran across this posting on Free North Carolina. I don’t know if I’m smart enough to do the requisite research needed to confirm or deny the premise. But, it IS interesting!
I seem to remember a similar postulate made regarding the Sixteenth Amendment (Income Tax).
Wouldn’t it be interesting to find these premises to be true?
David Lawrence, editor of the US News and World Report, argued in late September 1957 that the Fourteenth Amendment to the US Constitution was never ratified by the requisite number of States, and is therefore null and void. This amendment-by-duress has been used since 1865 as the basis for federal intervention into the constitutionally-specified authority of the individual States, both North and South.Bernhard Thuersam, http://www.Circa1865.com The Great American Political Divide
The Fourteenth Amendment a Disgrace to Free Government
“A mistaken belief — that there is a valid article in the Constitution known as the “Fourteenth Amendment” — is responsible for the Supreme Court decision of 1954 and the ensuing controversy over desegregation in the public schools of America
No such amendment was ever legally ratified by three-fourths of the States of the union as required by the Constitution itself. The so-called “Fourteenth Amendment” was dubiously proclaimed by the Secretary of State on July 20, 1868. The President shared that doubt. There were 37 States in the union at that time, so ratification by at least 28 was necessary to make the amendment an integral part of the Constitution. Actually, only 21 States legally ratified it.
So it failed ratification. The undisputed record, attested by official journals and the unanimous writings of historians, establishes these events as occurring in 1867 and 1868:
1. Outside the South, six States — New Jersey, Ohio, Kentucky, California, Delaware and Maryland — failed to ratify the proposed amendment.
2. In the South, ten States — Texas, Arkansas, Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi and Louisiana — by formal action of their legislatures, rejected it under the normal processes of civil law.
3. A total of 16 legislatures out of 37 failed legally to ratify the “Fourteenth Amendment”. (…)
And, as a side note, U.S. News and World Report used to be a middle-of-the-road, well-reasoned magazine, when David Lawrence was at the helm.
He passed in 1973.